Lewisham Council Members

Lewisham Council Members

Members of the committee, listed below, are summoned to attend the meeting to be held on Wednesday, 26 September 2012.

Barry Quirk, Chief Executive September 18 2012

Mayor Sir Steve Bullock

Councillor Jackie Addison

Councillor Obajimi Adefiranye

Councillor Anne Affiku

Councillor Christine Allison

Councillor Abdeslam Amrani

Councillor Pauline Beck

Councillor Paul Bell

Councillor Chris Best

Councillor Kevin Bonavia

Councillor John Bowen

Councillor David Britton

Councillor Duwayne Brooks

Councillor Suzannah Clarke

Councillor Jenni Clutten

Councillor Liam Curran

Councillor Vincent Davis

Councillor Amanda De Ryk

Public Document Pack

Councillor Damien Egan

Councillor Alexander Feakes

Councillor Peggy Fitzsimmons

Councillor Julia Fletcher

Councillor Joseph Folorunso

Councillor Patsy Foreman

Councillor Vicky Foxcroft

Councillor Helen Gibson

Councillor Sven Griesenbeck

Councillor Carl Handley

Councillor Michael Harris

Councillor Ami Ibitson

Councillor Helen Klier

Councillor Chris Maines

Councillor Jim Mallory

Councillor Paul Maslin

Councillor Joan Millbank

Councillor Pauline Morrison

Councillor John Muldoon

Councillor Marion Nisbet

Councillor Sam Owolabi-Oluyole

Councillor Crada Onuegbu

Councillor Stephen Padmore

Councillor John Paschoud

Councillor Philip Peake

Councillor Alan Smith

Councillor Eva Stamirowski

Councillor Alan Till

Councillor Dan Whittle

Councillor Susan Wise

Councillor Janet Daby

Councillor Alan Hall

Councillor Stella Jeffrey

Councillor Darren Johnson

Councillor Jacq Paschoud

Councillor Madeliene Long

Members of the public are welcome to attend committee meetings. However, occasionally, committees may have to consider some business in private. Copies of agendas, minutes and reports are available on request in Braille, in large print, on audio tape, on computer disk or in other languages.

Council Agenda

Wednesday, 26 September 2012 7.30 pm, Civic Suite Lewisham Town Hall London SE6 4RU For more information contact: Kevin Flaherty (Tel: 0208 314 9327)

Part 1 Item Pages

1. Declaration of interests

1 - 4

2. Minutes

5

3. Announcements or Communications

6

4. Petitions

7

5. Public questions

8 - 46

6. Member questions

47 - 149

7. Accounts and External Auditors reports

150 - 238

8. Children and Young People's Plan 2012-2015

239 - 375

9. Constitutional amendments

376 - 809

10. Special Responsibility Allowances

810 - 812

11. Disposal 2-4 River Park Gardens

813 - 816

12. Motion 1 Proposed Councillor Muldoon Seconded Councillor Wise

817

13. Motion 2 Proposed Councillor Hall Seconded Councillor Foxcroft

818

14. Motion 3 Proposed Councillor Maines Seconded Councillor Feakes

819

15. Motion 4 Proposed Councillor Maines Seconded Councillor Fletcher

820

16. Motion 5 Proposed Councillor Best Seconded Councillor Klier 821

Members of the public are welcome to attend committee meetings. However, occasionally, committees may have to consider some business in private. Copies of agendas, minutes and reports are available on request in Braille, in large print, on audio tape, on computer disk or in other languages.

17. Motion 6 Proposed Councillor Handley Seconded Councillor Hall

822

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COUNCIL

Report Title

Declarations of Interests

Key Decision

No Item No. 1

Ward

n/a

Contributors

Chief Executive

Class

Part 1 Date: September 26 2012

Declaration of interests Members are asked to declare any personal interest they have in any item on the agenda. 1 Personal interests

There are three types of personal interest referred to in the Council’s Member Code of Conduct :-

(1) Disclosable pecuniary interests (2) Other registerable interests (3) Non-registerable interests

2 Disclosable pecuniary interests are defined by regulation as:- (a) Employment, trade, profession or vocation of a relevant person* for profit or

gain (b) Sponsorship –payment or provision of any other financial benefit (other than

by the Council) within the 12 months prior to giving notice for inclusion in the register in respect of expenses incurred by you in carrying out duties as a member or towards your election expenses (including payment or financial benefit from a Trade Union).

(c) Undischarged contracts between a relevant person* (or a firm in which they

are a partner or a body corporate in which they are a director, or in the securities of which they have a beneficial interest) and the Council for goods, services or works.

(d) Beneficial interests in land in the borough. (e) Licence to occupy land in the borough for one month or more.

Agenda Item 1

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(f) Corporate tenancies – any tenancy, where to the member’s knowledge, the Council is landlord and the tenant is a firm in which the relevant person* is a partner, a body corporate in which they are a director, or in the securities of which they have a beneficial interest.

(g) Beneficial interest in securities of a body where:-

(a) that body to the member’s knowledge has a place of business or land in the borough; and

(b) either

(i) the total nominal value of the securities exceeds £25,000 or 1/100 of the total issued share capital of that body; or

(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person* has a beneficial interest exceeds 1/100 of the total issued share capital of that class.

*A relevant person is the member, their spouse or civil partner, or a person with whom they live as spouse or civil partner.

(3) Other registerable interests

The Lewisham Member Code of Conduct requires members also to register the following interests:-

(a) Membership or position of control or management in a body to which

you were appointed or nominated by the Council

(b) Any body exercising functions of a public nature or directed to charitable purposes , or whose principal purposes include the influence of public opinion or policy, including any political party

(c) Any person from whom you have received a gift or hospitality with an

estimated value of at least £25 (4) Non registerable interests

Occasions may arise when a matter under consideration would or would be likely to affect the wellbeing of a member, their family, friend or close associate more than it would affect the wellbeing of those in the local area generally, but which is not required to be registered in the Register of Members’ Interests (for example a matter concerning the closure of a school at which a Member’s child attends).

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(5) Declaration and Impact of interest on member’s participation (a) Where a member has any registerable interest in a matter and they are

present at a meeting at which that matter is to be discussed, they must declare the nature of the interest at the earliest opportunity and in any event before the matter is considered. The declaration will be recorded in the minutes of the meeting. If the matter is a disclosable pecuniary interest the member must take not part in consideration of the matter and withdraw from the room before it is considered. They must not seek improperly to influence the decision in any way. Failure to declare such an interest which has not already been entered in the Register of Members’ Interests, or participation where such an interest exists, is liable to prosecution and on conviction carries a fine of up to £5000

(b) Where a member has a registerable interest which falls short of a disclosable pecuniary interest they must still declare the nature of the interest to the meeting at the earliest opportunity and in any event before the matter is considered, but they may stay in the room, participate in consideration of the matter and vote on it unless paragraph (c) below applies.

(c) Where a member has a registerable interest which falls short of a disclosable pecuniary interest, the member must consider whether a reasonable member of the public in possession of the facts would think that their interest is so significant that it would be likely to impair the member’s judgement of the public interest. If so, the member must withdraw and take no part in consideration of the matter nor seek to influence the outcome improperly.

(d) If a non-registerable interest arises which affects the wellbeing of a

member, their, family, friend or close associate more than it would affect those in the local area generally, then the provisions relating to the declarations of interest and withdrawal apply as if it were a registerable interest.

(e) Decisions relating to declarations of interests are for the member’s

personal judgement, though in cases of doubt they may wish to seek the advice of the Monitoring Officer.

(6) Sensitive information

There are special provisions relating to sensitive interests. These are interests the disclosure of which would be likely to expose the member to risk of violence or intimidation where the Monitoring Officer has agreed that such interest need not be registered. Members with such an interest are referred to the Code and advised to seek advice from the Monitoring Officer in advance.

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(7) Exempt categories

There are exemptions to these provisions allowing members to participate in decisions notwithstanding interests that would otherwise prevent them doing so. These include:-

(a) Housing – holding a tenancy or lease with the Council unless the

matter relates to your particular tenancy or lease; (subject to arrears exception)

(b) School meals, school transport and travelling expenses; if you are a parent or guardian of a child in full time education, or a school governor unless the matter relates particularly to the school your child attends or of which you are a governor;

(c) Statutory sick pay; if you are in receipt (d) Allowances, payment or indemnity for members (e) Ceremonial honours for members (f) Setting Council Tax or precept (subject to arrears exception)

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COUNCIL

Report Title

Minutes

Key Decision

Item No.2

Ward

Contributors

Chief Executive

Class


Recommendation

It is recommended that the minutes of the meeting of the Council which was open to the press and public, held on June 28 2012 be confirmed and signed (copy previously circulated).

Agenda Item 2

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COUNCIL

Report Title

Announcements or Communications

Key Decision

Item No.

Ward

Contributors

Chief Executive

Class


Recommendation The Council is invited to receive any announcements or communications from the Mayor or the Chief Executive. 1. Former Councillor Arthur Bullen It is with regret that the death of former Lewisham Councillor and former Deptford Metropolitan Borough Councillor Arthur Bullen is reported. Arthur served the former borough from 1956 to its amalgamation with Lewisham in 1965. And he served in the first administration of the new London Borough of Lewisham from 1965-1968. It is believed he was the last surviving member to be associated with the former borough. He was still living in Upper Brockley Road at the time of his death last month. His funeral took place on 19 September. The Chair of Council attended on behalf of the Council. 2. Whitefoot Ward by-election The resignation of Councillor Pete Pattisson as a member for the Whitefoot Ward was received on August 28 2012. A by-election to fill the vacancy will be held on Thursday October 11.

Agenda Item 3

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COUNCIL

Report Title

Petitions

Key Decision

no Item No.

Ward

n/a

Contributors

Chief Executive (Head of Business & Committee)

Class


The Council is invited to receive petitions (if any) from members of the Council or

the public. There is no requirement to give prior notice of any petitions that might be presented.

Agenda Item 4

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COUNCIL

Report Title

Public Questions

Key Decision

Item No.5

Ward

Contributors


Class


. The Council has received questions from members of the public in the order

shown in the table below. Written responses will be provided to the questioners prior to the Council meeting and they will be entitled to attend and ask a supplementary question should they wish to.

Question Questioner

1. Mr S Mills

2. Mr R Woolford

3. Mr R Woolford

4. Mr R Woolford

5. Mr R Woolford

6. Mr R Woolford

7. Mr R Woolford

8. Ms C Maloney

9. Mr R Woolford

10. Mr A Bays

11. Mr A Bays

12. Mr A Bays

13. Mrs P Richardson

14. Mrs P Richardson

15. Mr P Richardson

16. Mr P Richardson

17. Mr P Richardson

18. Mr P Richardson

19. Mr P Richardson

20. Mr B Supiya

21. Mr B Supiya

22. Mr B Supiya

23. Mr B Supiya

24. Mr B Supiya

25. Mr B Supiya

26. Mr M Ingleby

27. Mr M Ingleby

Agenda Item 5

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Question

Q Time

PUBLIC QUESTION NO. 1

LONDON BOROUGH OF LEWISHAM

COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr Steven Mills Member to reply: Cllr Susan Wise

Question

Does Lewisham Council hold the guarantees and warranties for renovations on leasehold and tenant properties carried out by the Brockley PFI consortium (known as "Regenter B3") through the Major Works programme 2007-09, in order to prevent works being undertaken unnecessarily again in the future, before actually necessary?

Reply

All of the guarantees and warranties for the works completed as part of the Decent Homes programme to both leaseholder and tenanted properties are held by Regenter B3 on behalf of Lewisham Council. SUPPLEMENTARY QUESTION NO 1

Mr S Mills

Thank you very much. Does Lewisham Council or its PFI agents have access to the warranties and guarantees for works to properties in Brockley from before 2007? What positive action will Lewisham Council take to ensure contractors do not carry out works unnecessarily and level unnecessary charges on leaseholders, as was found to be the case by last year’s Leasehold Valuation Tribunal? Thank you.

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Councillor Wise

Good evening Mr Mills, and thank you for your question. I do not think you are being quite clear with everybody: that is not exactly what the Leasehold Valuation Tribunal reported. I think the answer is actually in the reply. We have had lots of discussions at our meetings with you and your members. If there is anything else you feel needs to be brought up I am sure we can go through it at our next meeting.

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Q PUBLIC QUESTION NO. 2


COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr R Woolford (on behalf of Lewisham People Before Profit) Member to reply: Mayor

Question Does the Mayor intend to intervene with Councillor Padmore for his poor attendance over the past 12 months (and the way in which he is tarnishing the role of all Lewisham Councillors?)

Reply Matters relating to the behaviour of members of the Labour Group are dealt with through agreed Party procedures which in such a case would be led by the Chief Whip who I know has been in contact with Councillor Padmore.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012


Question Would the Mayor agree that in light of the fact Deptford and the New Cross ward has 55% youth unemployment and huge numbers of all ages out of work, that Councillor Long give up her position as Councillor for New Cross ward, and allow a local New Cross or Deptford resident to take on this important role?

Reply No I would not agree.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012


Question With politicians and the role they play leading to real anger and distrust in the political system by the public, would it not be a good idea to request both Councillors Padmore and Long to resign and cause a double by-election on the same day to reduce costs, as the negative media coverage brings the position of all Lewisham Councillors into disrepute, and undermines the importance of open and fair democracy?

Reply I set out my views on what is expected of councillors in reply to your questions at the previous meeting and stand by those comments. Resignation is matter for each individual councillor to consider in the light of their personal circumstances.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr R Woolford (on behalf of Lewisham People Before Profit) Member to reply: Councillor Deputy Mayor

Question In light of the South London Press report concerning Father Butler which states that he might go to prison in order to stop the Thames Water Sewage Tunnel from coming to Deptford, can the Council please state as the body elected by Lewisham Residents to serve their interests, what it will be doing to support Father Butler and all Deptford residents opposed to these Thames Water proposals?

Reply The Council has consistently opposed the location of the Thames Water Tideway Tunnel sites in Lewisham. Thames Water propose a connecting tunnel to run from Greenwich Pumping Station to link up with the main Thames Tunnel at Chambers Wharf in Southwark. The proposal is that the connecting tunnel will intercept two combined sewer overflow pipes in Lewisham at Earl Pumping Station, Yeoman Street and at a site off Deptford Church Street next to St. Paul’s Church in Deptford. Thames Water have undertaken two rounds of public consultation on their proposals and Lewisham Council has responded on both occasions with detailed objections to these proposals. Following these two rounds of consultation, Thames Water have also published their preferred route for public comment as part of the legal requirements prior to submitting their planning application to the Planning

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Inspectorate for a decision. This latest consultation again names the two sites in Lewisham as their preferred sites. A report detailing the Council’s objections to these proposals is due to be considered by the Mayor and Cabinet meeting on 3rd October 2012. Again Lewisham Council will strongly object to the proposals. In the case of the Deptford Church Street site the Council objection relates to the identification of a better site with less environmental, business and residential impact at Borthwick Wharf Foreshore. The objection also details the harmful impact from the choice of this site on the local open space chosen, the adverse impact on St. Joseph’s Primary School, local business and residents, the impact on the Grade 1 listed building which is St. Paul’s Church and the conservation area within which it sits. In addition the Council objects because of the traffic and parking issues that will be caused by choice of this site which will necessitate the closure of half of Deptford Church Street for a period of 4 years or more. The Council has consistently supported the concerns of local people in objecting to the Thames Water proposals. I have spoken out against the proposals at public meetings arranged by Thames Water and have held meetings with their officers to explain my objections to the proposals in detail. Thames Water are duty bound to consider these objections prior to submitting their planning application which they intend to do early next year. If they continue to support the preferred sites in Lewisham the Council will make representations objecting to the proposals to the Planning Inspectorate who will hold a public examination into the proposals next year.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr R Woolford (on behalf of Lewisham People Before Profit) Member to reply: Deputy Mayor

Question What action does the Council plan to take to ensure the Developers seeking to develop both the Convoy Wharf and Millwall Football ground sites, will be working with Lewisham College and others to train local residents in the long term skills these developments will need for the 13 years plus that these sites will take to develop? What monitoring system will be in place that ensures these developments will deliver local jobs, affordable housing and community facilities. And that the Developers will not be bussing in cheap labour from across the globe, housing them in tents and sheds and calling them local residents. Can the Council put in place an agreement to ensure these developments are marketed at London wide residential population and not sold and marketed offshore as Buy to Let Investments?

Reply As part of the Local Labour and Business Scheme, the Economic Development service has formed an Employment and Training partners' network. Lewisham College is one of the partners.

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It is intended to work with developers and the Employment and Training partners’ network to assess training requirements and deliver appropriate training so that jobs are more likely to be filled by local residents. The s106 agreement for Surrey Canal Triangle includes requirements relating to local labour, affordable housing and the delivery of facilities that will be made available for local residents. Similar mechanisms would be put in place in any agreement relating to Convoys Wharf. A limitation on the sale or rental of residential accommodation beyond the delivery of affordable housing would not meet the tests for planning obligations.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr R Woolford (on behalf of Lewisham People Before Profit) Member to reply: Deputy Mayor

Question In light of the important role local small businesses play in the quality of life for all Lewisham residents, would the Council offer small local traders a rent freeze and a delay in the Business Rate increase in these present hard times? Would the Council consider giving over short term for free, empty Commercial Units to help start up business in the Borough?

Reply The Council's Economic Development Service will be working with landlords and businesses to help reduce the number of empty shops in the borough’s high streets. A package of support is being developed which includes small grants for shop front improvements for businesses that take on empty premises and a rent free period for the first six months of the tenancy. This support is targeting businesses that take on empty premises; it is not aimed at supporting existing high street businesses. The Council considers how to bring Council owned vacant premises back into use on a case by case basis. The level of Business Rates payable is determined by central government not the Council. Rate setting powers will remain under the control of central government. The Council will assist all businesses by extending instalments over 12 months rather than 10 where requested to reduce monthly payments.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Ms C Maloney Member to reply: Councillor Wise

Question Will there be any provision for public toilets in Catford? I like Catford but cannot go there as there are no public toilets. Many older people have bladder problems and require this facility.

Reply There are 2 automated public toilets in Catford, they are situated adjacent to the Town Hall in Catford Broadway. One is for disabled access. There are also toilets within the Civic Suite and Laurence House that the public have access to.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr R Woolford Member to reply: Councillor Wise

Question Channel 4 Dispatches Programme has claimed that Lewisham Council has in the words of the Housing Minister .. ‘Got Sweetheart deals with its Contractors’. Can you please state how long these deals have been running , and how much money Lewisham Council has made out of these deals, and what percentage has been paid back to Lewisham Council Leaseholders?

Reply This information given to Channel 4 Dispatches on the issue of profit sharing was incorrect. The Council does not have any profit sharing agreements with its contractors.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr A Bays Member to reply: Councillor Best

Question How is Lewisham Council going to get some payback from the investment of public money in the London 2012 Olympics?

Reply The Olympics will deliver an economic, cultural, sporting, social and environmental legacy for London and securing long lasting benefits from the Games has been a key aspiration of Lewisham’s Olympic programme. The Sports and Cultural programmes aim to deliver a range of benefits to Lewisham in terms of health and well being and community cohesion. Lewisham’s Cultural Olympiad programme specifically aimed to increase participation in cultural activity, particularly among disabled residents and those new to the arts. It aimed to increase cultural tourism bringing economic benefit to the borough, increase volunteering and the sense of pride and aspirations of children and young people. It is anticipated that the experience of managing the Games will generate a range of benefits to the Council, such as improved approaches to business continuity, improved partnership working and greater expertise in relation to major event planning. Lewisham’s Olympic programme also had specific legacy pledges:

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• First class leisure facilities

• Free swimming for residents aged 16 and under and over 60

• A choir in every ward

• Every child to have a library card Capturing the Legacy Council officers were required to provide information on legacy in their Business Continuity Plans and to fully evaluate the cultural and sporting programmes that have been running throughout 2012. A project group has been established to bring all the information together and a final report on Lewisham’s Olympic legacy will be produced in early 2013. This response addresses the benefits to the Borough as a result of the 2012 Games. There will certainly be some ‘payback’ to the Borough as a result of the public investment in the Games but it is too early to provide any details as matters are still being discussed. We would be happy to provide a written answer once we have all the information.

Mr A Bays

Thank you for the answer. Will the Council study how Greenwich has benefited from staging horse riding events in the Olympics and see if anything could be copied by Lewisham?

Councillor Best

In answer to that, Greenwich of course was an Olympic Borough, in that they received funding for the equestrian event and therefore had a lot on offer there. Obviously I know about the event and there are points there, but our legacy in Lewisham gives you a reply in here. I do actually feel we are ahead of the game in terms of Greenwich with our facilities: we have a superb leisure offer; you can see what we have done for choirs; we are promoting our library cards; we have our new ‘Be Active’ programme. I am quite clear that we have a very strong legacy. Of course, if you remain for the debate you will no doubt hear more about it.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr A Bays Member to reply: Deputy Mayor

Question Will the Council support the initiative to build an airport in the Thames Estuary? What benefit would this project have for Lewisham Borough?

Reply

The Council objects to the proposed expansion of Heathrow airport and the Mayor joined with other local authorities to lobby against the third runway. The Coalition Government has recently asked Sir Howard Davies to chair an independent commission which will identify and recommend options for maintaining the UK’s status as an international hub for aviation. The Commission will examine the scale and timing of any requirement for additional capacity and will report by the summer of 2015.

London Mayor Boris Johnson has said he will hold a rival inquiry into boosting aviation capacity in the South East that will not consider a third runway at Heathrow. He will consider a new airport in the Thames Estuary as part of this review which is scheduled to last for one year.

The Council has not yet taken a view on the various alternatives for aviation expansion in the south east or the proposal for a new airport in the Thames Estuary. There are a number of questions that need answers including the impact on biodiversity, environmental and social impacts and it is hoped that the two enquiries mentioned above may provide further information which would enable a balanced judgement to be made.

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Mr A Bays

Thank you for the full answer. It is quite interesting to see that in fact the Council has not yet decided what its opinion is on the possibility of [inaudible]. My question is: when the evaluation of this proposal is prepared for presentation to the Council, will you include in the evaluation how much commercial benefits would arise from having closer [inaudible] than is the case at the moment?

Councillor Smith, Deputy Mayor

We will, of course, examine all benefits, should anybody decide to go ahead and attempt to build an airport in the estuary. My personal view is that it would be almost impossible and hopelessly expensive to do it. That is my own personal view. By the time Boris gets round to doing it I will no longer be a member of this Council and I do not suppose Boris will be Mayor of London. Nevertheless, we will ensure that any benefit that comes to Lewisham comes to Lewisham.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr A Bays Member to reply: Councillor Klier

Question Is the Council aware of the attempt by Dr Michael Hrebeniak, an admissions tutor at Cambridge University to become a governor of Diasapora High School and set up a Saturday morning school designed to reduce the potency of gang culture in Lewisham and to increase the admissions from Lewisham to Cambridge University? What discussions has the Council had with Dr Michael Hrebeniak and what efforts have been made to support his objectives?

Reply In a letter of 22nd November 2011 to the Executive Director for CYP, a representative of the Diaspora group referred in general terms to a meeting between Diaspora and unspecified employees of Cambridge University, which had resulted in an offer to Diaspora, should it be successful in its proposal to set up a “Free School”, to prepare its pupils for university by teaching them in Lewisham, and in an offer to serve on its governing body. The Council has not been informed subsequently of anything more specific about the stated offer from employee(s) of Cambridge University to support Diaspora pupils should a school be established, whether this offer had been taken forward, and if so in what ways. There have, therefore been no discussions with Dr Michael Hrebeniak. Officers will meet with any group which contacts us expressing interest in setting up a Free School in the borough.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mrs P Richardson Member to reply: Councillor Best

Question From the Lewisham Library Service how many of the books that were issued between 1/6/2012 and 30/6/2012 were sourced from other member library services in the London Libraries Consortium? What was the shortest waiting time for such an issue? What was the longest waiting time for such an issue? What was the average waiting time for such an issue? Are borrowers charged individually for this process? If so, how much?

Reply 1. A total of 644 books were sourced from other member library services in the

London Libraries Consortium. 2. The shortest waiting time was less than a full day. 3. The longest waiting time was 336 days.

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4. The mean average waiting time was 30 days and the most common supply time was 8 days.

5. Borrowers are charged individually for this process. The cost is 50p per item.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mrs P Richardson Member to reply: Councillor Best

Question Do the "community" libraries, New Cross, Blackheath, Grove Park, Crofton Park and Sydenham have access to the stock of the London Libraries Consortium to supply to users? If so are they able to use this medium? Is any charge made to users of these libraries?

Reply All Lewisham’s libraries have access to the London Libraries Consortium catalogue through Open Galaxy and Arena (the Library Management Systems). Library members can borrow items from across the consortium, requesting them at any community or hub library, by telephone, or by placing a reservation online. The reservation fee is currently 50p per item for adults. Under 14s do not pay for reservations.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr P Richardson Member to reply: Deputy Mayor

Question It is understood that fees generated by Controlled Parking Permits, Parking Meters and Parking Fines are disallowed to make a "profit". However, a "surplus" may be allowed to amass, but the condition of its use is earmarked for Road Improvement only. Considering the number of pot-holed roads in the London Borough of Lewisham, steadily deteriorating over the years, will the Council please explain how this "surplus" for the financial year 2011-12 has been used or is intended to be used? It would also be valuable to understand what the term "Road Improvements" entails.

Reply Under the definition applied the council made a parking surplus of £1.2m in 2011/12. This was spent on improved lighting, signing, safety maintenance and traffic management schemes. This represents about 30% of the Council’s overall spend on Highways. The relevant regulatory framework is set out in the Road Traffic Regulation Action 1984 as regards the purposes to which such income can be applied.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr P Richardson Member to reply: Deputy Mayor

Question For several years I have been asking questions to council and to members of certain committees and sub-committees about the lack of double-yellow traffic lines at the junction of Micheldever Road, Lee and Burnt Ash Road. I now understand from The Lee Manor Conservation Society that there has been a number of accidents at this junction over the years - which is not at all surprising, as a driver's view when exiting Micheldever Road is extremely inhibited due to the lack of parking restriction on the Burnt Ash Road allows drivers to park freely up to and including the respective corners at the T-junction. I have termed it "lethal" in the past, and now due to the comments made by the Lee Manor Conservation Society, will the Council describe the number of fatalities, accidents and near-misses caused by this neglect and add when or if remedial action will take place?

Reply There are proposals to install double yellow lines at the junction of Micheldever Road and Burnt Ash Road subject to the statutory traffic order process, this process will include any objections to these proposals. Once the process is complete it is anticipated that the lines could be laid before the end of the year. Two accidents in 3 years have been recorded at this junction and the record does not show them as being attributable to poor sight lines.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr P Richardson Member to reply: Councillor Best

Question In the latest edition of "Open House" it is noted that "The Deptford Lounge" is included, but The Manor House (Library) is not. This is remarkable since both properties are open 7-days-week, and The Manor House is a Grade II*-listed building. Because of this, can the Council explain why The Manor House has been omitted?

Reply The Open House London 2012 theme is 'The changing face of London'. This year, the organisers were very keen that the architects behind any redevelopments were involved in the site visits and tours. The Council approached the architects responsible for the refurbishment of the Manor House building but, unfortunately, they were unavailable. This is why Manor House does not feature in the 2012 Open House programme. However, although the building is not in the official list this year, architectural and historical tour notes are available for adults and children who are interested in a self-guided tours, and an exhibition – listed on the Open House programme – will explain the history of the house. This material was developed in 2009, when Manor House last participated in Open House London.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr P Richardson (on behalf of the Users & Friends of Manor House Library) Member to reply: Councillor Best

Question

Can it be explained why, when customers of the 5 volunteer-run libraries are attempting to order books, they can only do so by means of arrangements provided by Axiell because of restrictions imposed under the Data Protection Act. Obviously a fee must be paid to this company for the service they provide. What is this additional charge levied in order a customer at a volunteer-run library is able to participate fully in a service enjoyed by users of the 7-hub libraries?

Reply Arena and Open Galaxy (Library Management Systems) allow members of the public to place reservations online or by phone. In the case of the Community Library Service available in buildings run and managed by third parties, the staff and volunteers may help members of the public place a reservation, or can accept a reservation on a special version of the software that has been developed for community use. The charge of 50p for the reservation is not shared with the third party and applies to all library users across the service.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr P Richardson (on behalf of the Users & Friends of Manor House Library) Member to reply: Councillor Best

Question

The following comment was published in The Guardian on-line edition on the 5th September with particular reference to Lewisham volunteer-run libraries:- (Originator's name witheld) 5 September 2012 2:54PM ‘Funnily enough, I volunteer at one of the Lewisham branches mentioned so I have some insight into this. While the volunteers, particularly the full-timers, are trying their best, it's simply impossible to provide a proper service when you rely on a rolling procession of people who have never worked with books and who don't know about basic library procedures.

To make matters worse, the company running the library is cheap enough that they refuse to even fix the toilets, meaning the staff often have to go round the corner to a bar or coffee shop instead. And of course the supply of new books has been effectively stopped with staff unsure whether the books still there will be transferred to other Lewisham libraries or not (because giving council property to a private company would of course be completely unfeasible).

If there are less people using the libraries, it's because the service has deteriorated

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because of the government's negligence, not because the customers (many of which are elderly, vulnerable or parents of small children, who live nearby and who can't feasibly reach another of the borough's libraries) don't want a library service.” Did any member of council or officer read this comment? Has any councillor or member of staff investigated any of the 'company run' libraries referred to in order to confirm or deny the validity of this comment?

Reply

This comment was noted by staff in the Council, who were further informed that the volunteer is no longer supporting the anchor organisation. The social enterprise responsible for Crofton Park operates with the support of employed and volunteer staff. The volunteers are recruited on the premise that they will contribute to providing customer services in a community building, including support with the promotion of books and reading. The anchor organisation and Lewisham Library & Information Service work together on an ongoing basis to identify and address training requirements for all staff and volunteers working at the community libraries. Officers have been informed that one toilet at Crofton Park Library requires re-plumbing: however, the anchor organisation has confirmed that interim measures had been taken to solve the problem before the posting of this comment. The issue will continue to be monitored. The complainer is clearly not aware that the Council acquired new books for the Community Libraries, including 756 new titles since July for Crofton Park alone. The average number of monthly visitors to Crofton Park has increased from 5,458 in 2011-2012 to 6,012 in the first five months of 2012-2013. The same is true for all 12 libraries, where the average number of visits moved up from 142,350 in 2011-2012 to 149,715 (+5%) in the first five months of 2012-2013. These figures negate the assertion that “less people use libraries”. The Council is not aware of “company-run libraries” providing public library services in the Borough. The Lewisham Library & Information Service retains responsibility for the stock and the technological infrastructure that supports the peripatetic library service available from community buildings, including the former Crofton Park Library building.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr B Supiya Member to reply: Deputy Mayor

Question

What were the procedures for applying for street closures in relation to the Jubilee Celebrations? Where were the procedures published and or advertised? How many requests did the Council receive for street closures and or permission to hold a Jubilee event? How many were granted and please provide the format of that permission? How many were refused and please provide the common grounds given for that refusal?

Reply The procedures and application forms for the Jubilee celebrations were combined with the annual "Big Lunch" event which encourages street parties in local communities. Guidance notes were distributed to all applicants. Those interested could also find this information on the Lewisham website via a link on the main front page, all forms were downloadable from the website. Articles also appeared in Lewisham Life and posters were displayed in Libraries. Information about street parties held can be viewed via this link http://www.lewisham.gov.uk/inmyarea/events/whats-on/Pages/The-Big-Lunch.aspx.

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There were 77 applications of which 65 progressed into actual authorised events. Authorised events were issued with a Road Closure Notice listing dates of the proposed closure to be displayed at intervals in the closed section of the road. Only one application was refused, due to previous history of anti social behaviour and criminal activity reported to us by the police at previous events.

SUPPLEMENTARY QUESTION NO 20

Mr B Supiya

The question was in relation to the application for street closures. I understand that one application was refused due to a previous history of antisocial behaviour. Can I ask for confirmation whether this application was from the Honeypot Restaurant, and if so how that refusal was communicated to the applicant?

Councillor Smith

There is a little bit of confusion here, because this is a bit of a hybrid question, in a way. We could only give you that information in writing, because I certainly do not know where the applications came from or on what grounds they were refused. We will check to see whether we can give you that information; if we can, it will be in writing directly to you.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr B Supiya Member to reply: Councillor Wise

Question

How many open parties not involving street closures and or celebratory events involving food, drink and music, took place in Lewisham over the Jubilee extended bank holiday weekend? Of these events, how many were visited by staff from any department in the Council be it Noise Abatement Teams or any other Anti-Social Behaviour Teams? What were the outcomes of these visits? Please provide documentation. Please provide a list of any organisation or individuals reprimanded for holding such an event.

Reply There were two open unofficial events that took place over the Jubilee weekend Upper Brockley Rd and Laleham Rd. Both were attended by Police and Environmental Enforcement, Licensing Officers also attended the Upper Brockley Rd event. Officers gave words of advice and the Police were left to deal with the disorder and reported crimes. There was no further action taken regarding either event that took place over the Jubilee extended bank holiday.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr B Supiya Member to reply: Councillor Wise

Question

How many Noise Abatement Notices and Orders have been issued in the London Borough of Lewisham in the last 3 months and please provide a break down by Ward?

Reply

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr B Supiya Member to reply: Councillor Daby

Question

How many Anti- Social Behaviour Orders have been issued in the Borough in the last 3 months?

Reply There has been 1 Anti Social Behaviour Order issued in Lewisham in the past 3 months.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012


Question

How many Behavioural Contracts have been issued in the Borough in the last 3 months?

Reply There have been 5 Acceptable Behaviour Contracts issued in Lewisham over the past three months.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012


Question

Please provide statistics for recorded crime such as burglaries, robberies, criminal damage and assault for each Ward in the last 3 months.

Reply Please see the attached link to the Metropolitan Police Service (MPS) website under

Crime Mapping: Data Tables, showing offences by ward and month. All Lewisham

wards included here.

http://maps.met.police.uk/tables.htm Crime data is extracted from the Crime Reporting Information System (CRIS) every month.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr M Ingleby Member to reply: Councillor Wise

Question

Please provide some specific information on the progress of the re-development that is supposed to be happening on the Excalibur Estate, and how they are managing to accommodate existing residents during any so-called 'de-canting' of the area?

Reply The Council is working in partnership with L&Q Housing Trust on the regeneration of Excalibur. London and Quadrant (L&Q) have outline planning permission for the whole development and detailed planning permission for the decant Phases 1 – 3. The overall master plan will provide 371 properties (178 for affordable rent, 15 for equity ownership for existing freeholders, 35 for shared ownership and 143 for private sale). There are a mix of houses with some flats. The current programme projects that the scheme will be complete at the end of 2019. As this is the start of the regeneration scheme, new properties have not yet been built as part of the new development and tenants are required to move out of their current prefabs so that the new homes can then be built. However, L&Q have made a commitment to existing residents that they will be able to return to a new home in future.

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The Council started the decant of tenants in Phase 1 in November 2010 and then, following resident consultation, joined this with the decanting of tenants in Phase 2 in April 2011. Since this time, 22 tenants have been re-housed and 3 tenants have provided possession of their properties (they have moved for other reasons). There are 6 tenants left to re-house. Of these, 5 are under offer and 4 of these have accepted their offers and are waiting to move. Of the 22 tenants that have moved, 4 have made permanent moves within the borough, 3 have moved permanently out of the borough with L&Q, 3 have moved into other prefabs on the estate and will be re-housed in the new development in the future; and 12 have moved to other parts of the borough but would like to return in future. The Council is currently working towards obtaining vacant possession of the Phase 1 and 2 site by the end of December 2012 with L&Q anticipating the building work to start in early 2013. L&Q are currently preparing to start the process of selecting the building and demolition contractor. While the building works start, it is anticipated that tenants in the next Phase that wish to move away will be re-housed. The Council expects that many of those in Phase 3 that would like to move into the new build will be able to move directly into Phase 1 new build homes. When this decant has been satisfied, those waiting to return will be able to do so. This will then continue for the future phases and is the structure of the ‘rolling’ decant programme planned for Excalibur. Four freeholders in the current Phase have been bought back by agreement. Three freeholders remain (terms have been agreed with one) and the Council is in ongoing negotiations for buyback by agreement. In regeneration schemes, it is usual practise for the Council to seek compulsory purchase order (CPO) powers and so has started to do this for the current Phase. L&Q produces a newsletter for estate residents every 3 months. The latest one contains an update on the programme and phasing. The Council and L&Q meet with a group of around 12 residents usually on a monthly basis to discuss the scheme in more detail. This resident regeneration ‘steering group’ receives updates on all key aspects of the scheme. This builds on the long history of work with residents that the Council and L&Q have undertaken regarding this estate. This has included newsletters, estate wide exhibitions and fun days and small resident groups that have advised on key issues such as tenancy issues and the master plan design. SUPPLEMENTARY QUESTION NO 26

Mr M Ingleby

Thank you. With the phases in the Excalibur Estate I asked about, to what extent have the needs of the elderly and the people with disabilities been prioritised within the phases that have been happening and also within phases that are due to come? Walking around and talking to people during the by-election, a lot of older people did not seem to be very clear or feel secure about what was happening.

Page 43

Councillor Wise

Thank you, Mr Ingleby: it is very good to see you here this evening. Since we began the stock transfer or regeneration of the Excalibur Estate, a lot of careful consideration and consultation has gone on with the residents there. As you are well aware, many of the residents are disabled, elderly or both. That has been taken into account for all their needs, even during the decant of the estate as the phases begin. I would like to say that I was at the Excalibur Steering Group last week to reassure the residents that this is happening. As you know yourself, a lot of literature has gone out to inform and reassure all of them. The estate has had very conflicting views; thankfully, we are moving on. A lot of the hold-up about the regeneration scheme has not been from ourselves or L&Q, who are behind it. One of the things I would like to say is the Steering Group fully support what the Council and L&Q are doing. They are reassured that I attended to show we still care about them and it is still happening. We will hopefully be on site early in the new year to start phase one.

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Question

Q Time



COUNCIL MEETING

26 SEPTEMBER 2012

Question asked by: Mr M Ingleby Member to reply: Deputy Mayor

Question

Cumberland Place in Whitefoot Ward is now a considerably large residential area that has continued to grow, but what level of provision of services has been put in place to meet the needs of both new residents and the now larger population in this neighbourhood?

Reply The Council has a duty to provide school places for those children who live in the borough and the education service does all it can to meet this requirement. There has been an expansion of places in recent years to meet the increase in population particularly at primary school level. The government funds the health providers locally, partly on the basis of population so increases in numbers are reflected to some extend in increases in grant funding. Through the planning service, the Council seeks to address social, green and physical infrastructure needs at the planning stage. The intention is that sustainable living places need the social, green and physical infrastructure to accompany the increase in residential property and population. These questions are therefore asked when considering a planning application and provision is sought if needed to mitigate the increase in population. This depends on the nature of the planning application and the size of the proposed development but planning policies have been put in place through the Council’s adopted core strategy to ensure these questions are asked and addressed at the planning stage.

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Mr M Ingleby

With the Cumberland Place Estate, one of the great issues of injustice in this country is lack of equality of access. In relation to services that are provided or not provided to Cumberland Place, what steps are or can be taken to get better public transport up there, specifically the 228 bus or other bus services, so that people can get out to the shops where they can get their food at better prices and better access to spend their money?

Deputy Mayor Councillor Smith

That is a very timely question. I will be meeting with the transport providers next week and I will bring that up with them.

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d:\moderngov\data\agendaitemdocs\0\1\3\ai00004310\$h4kidydj.doc

COUNCIL

Report Title

Member Questions

Key Decision

Item No.

Ward

Contributors


Class


7. Questions from Members of the Council Section C, paragraph 14 of the Constitution, provides for questions relevant to the

general work or procedure of the Council to be asked by Members of the Council. Copies of the questions received and the replies to them will be circulated at the meeting.

Agenda Item 6

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QUESTION No. 1 Priority 1


COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Curran of the Deputy Mayor

Question

What permission were the site owners/developers of the Greyhound Pub in Sydenham given to demolish the main building (save the front wall)?

Reply

The Council is not in a position to comment as investigations are proceeding.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Harris of the Cabinet Member for Customer Services

Question

Why did Glendale remove the flowers (poppies and daisies) planted by local residents at the roundabout at the bottom of Edward Street, leaving the patch as bare soil? Does this not send the wrong message to local people? http://deptforddame.blogspot.co.uk/2012/07/guerrilla-garden-comes-into-bloom.html?m=1

Reply

It is regrettable that Glendale staff removed nearly all the flowers planted by local Guerrilla Gardener’s when clearing the planter of weeds. Neither Glendale staff or Green Scene Officers were aware that local residents had carried out the planting, otherwise this would not have happened. Since this unfortunate incident took place officers have attempted to make contact with the Guerrilla Gardener’s to seek their views on the planned new planting scheme and possibly work together in the future. In the meantime the restocking of the bed has been put on hold and Glendale staff reminded of the importance of reporting the presence of Guerrilla Gardening before carrying out maintenance work.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Hall of the Mayor

Question

Will the Mayor make a statement on Lewisham Council’s budgetary position for 2013/14?

Reply

The Financial Survey 2013-2016 which was published recently sets out the overall position. The Council has already reduced its revenue budget by £53m since May 2010 and on the estimates set out in that report further savings of between £30m and £55m will be required in 2013/14 and 2014/15, with a likely estimated savings requirement of £40m. Of these, savings of £4.7m to take effect in 2013/14 have already been formally agreed by Council. However, there is significant uncertainty as to the level of resources that will be allocated to the Council over this period. Until the Local Government Finance Settlement is announced, it will not be possible to confirm this figure. That Settlement is expected to be announced in November or December of this year, at which point, greater certainty about the Council funding for at least the next two years, will be known. Savings on this scale cannot be achieved painlessly but I expect every effort to be made again to protect frontline services as far as possible. As proposals emerge I will endeavour to share them with all members and to seek their views ahead of firming up proposals in the new year. There continue to be disturbing albeit unsubstantiated rumours about what the Coalitions intentions are not only in relation to the next Comprehensive Spending Review period but also about a potential increase in the level of saving to be imposed on Local Government over the next two years. These rumours are a cause for alarm not least in the context of the work carried out by the Local Government Association about future funding which painted a very bleak picture if current trends are extrapolated to 2020 and beyond. Residents of Lewisham will expect us to do our utmost to manage the Council’s resources well and we will need to balance very different needs across the borough and between services as we do so. They will also expect us to ensure that the Council financial viability is not undermined and that services which continue to be delivered are of good quality. There will be a temptation in the months ahead to default to political points scoring – but the challenge we face is too great and the task too important to do so. Instead we must work Page 50

together locally to do the best we can while trying to get the message across to Government about the financial realties local government faces.


Councillor Hall

Thank you, Chair. Can I sincerely thank the Mayor for his statement and draw members to paragraph four of the reply? I would ask him this question: does the Mayor agree with me that it is shocking that local government could face a further additional cut mid-term in this government and that the magnitude of the task ahead means we as a Council will need to inform and robustly engage with our residents and community to ensure they know the genesis of these cuts?


My recollection of the announcements that were made two years ago is that while they were firm for the first two years, the second two years would be subject to further announcements. We were given the clearest possible steer that we had been given the four-year figures. There continue to be rumours and, indeed, delays in the announcements, which, when taken against a background of the economy quite clearly not recovering in the way the Chancellor had expected, make me very anxious. If any of these rumours prove to be true then I am sure local government as a whole will wish to have a robust conversation with central government.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Paschoud of the Cabinet Member for Children & Young People

Question

What measures does the Council have in place to ensure the safeguarding of children staying in the borough for relatively short periods, for purposes such as school trips, English language Summer schools and other activities either hosted at Lewisham venues, or where accommodation is provided in the borough?

Reply

While we have no authority or regulatory powers over Summer schools or activities hosted in Lewisham venues we would respond in the normal way if any concerns were raised. In the event that Lewisham are informed that a child is alleged to have been abused in any setting, the police and Children’s Social Care would jointly investigate the allegation and take any necessary steps to safeguard the children. We would do this in conjunction with the child’s parents.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Griesenbeck of the Deputy Mayor

Question

How many buildings in Lewisham ownership are occupied by squatters? Please give numbers in each ward. What are the functionality of these occupied buildings (i.e. living quarters, offices etc.).

Reply

Lewisham Homes currently have 3 squatted residential properties – 1 in New Cross, 1 in Brockley and 1 in Rushey Green. There are a further 7 properties squatted by People before Profit. 6 had previously been used for residential purposes (1 in Brockley, 4 in Evelyn and 1 in Lee Green) and 1 as a nursery (New Cross). The Council owns a workshop in New Cross Ward that is currently squatted.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Whittle of the Cabinet Member for Community Services

Question

How will the Council contribute to the legacy of the Paralympic games for disabled people in the Borough?

Reply

Throughout the Games Lewisham Sport and Leisure Service has worked closely with a number of Council services and community based partners who work specifically with disabled residents of all ages. The programme includes: 1. Wheels for wellbeing: Delivery of structured cycling sessions available to disabled

residents of all ages. Accessible adapted cycles will be provided. 2. Inclusive and Active 2: Lewisham Council is one of only nine London Boroughs who have

completed and endorsed the Interactive (London regional body of the English Federation of Disability Sport), Inclusive and Active 2 sport and physical activity plan.

3. Inclusive Sport Fund: In partnership with community based partners, a bid was recently submitted to the Sport England Inclusive Sport Fund. If successful, this funding will be used to develop a number of weekly structured sports activities for disabled people aged 14 to 25 years from 2013 to 2016. The scheme will also provide nationally accredited sports training opportunities for disabled people aged 14 years.

4. Leisure Centre programmes: Four new weekly sports activities specifically for disabled people of all ages are currently being developed at Forest Hill Pools, The Bridge and Downham Health and Leisure Centre. Activities being developed include Boccia and accessible fitness suite / gym sessions.

As part of the Borough’s preparations for the Paralympics the Arts Service commissioned a training programme focussed on increasing disabled access to arts and cultural activities. The training was delivered by Shape, a specialist in this field with a national profile for its work. The training programme was tailored to arts organisations with little experience in this area and aimed to develop the knowledge and skills of the sector to support an enhanced cultural offer for disabled residents, creating a lasting legacy for the Paralympic Games. The training was linked to an open grant scheme managed by the Arts Service to enable organisations to develop new, inclusive projects. Four projects were funded: Page 54

1. Misrule Theatre: an inclusive site specific theatre project 2. Sydenham Garden: a community song writing project 3. Entelechy Arts: training to develop dance work with disabled people and 6 events 4. Jonathan Hibbert Foundation: the creation of a sensory garden The evaluations are currently being collated, however there is an expectation that the projects will have a positive impact on participants, creating new social networks, increasing arts attendance from people new to the arts and inspiring participation in future activities.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Jacq Paschoud of the Cabinet Member for Children & Young People

Question

How many young people in Lewisham do not get entered for GCSE examinations in courses for which they have already been studying?

Reply

This information is held within schools. We are due to receive pupil level data within the local authority on 25th September 2012. Our expectations are that all pupils are entered for the core subjects of English, Maths and Science. The percentage of students achieving 5+A*-G in their GCSEs is 93.8%. This is an increase of 2% from last year and above last year's national figure of 93.5%. This means that there are 6.2% of pupils who did not achieve this figure, which in this year’s cohort represents 88 pupils across all mainstream schools and 50 in our special schools. Not all these pupils will have been following GCSE courses.


Councillor Jacq Paschoud

Yes Chair, I have a supplementary. Now that 25 September has passed, is this question now able to be answered, not with the number of young people for whom insufficient passes were achieved or people for whom GCSE courses were unsuitable, but those who started on a GCSE course but ultimately did not take the exams for one reason or another? I wonder if those answers are now available.

Councillor Klier

That would be up to the school. I do not think it would be available from us here in the centre at the authority. The date of 25 September is to do with the total number of children enrolled in that school.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Fletcher of the Cabinet Member for Children &Young People

Question

Why was the return to school for Downderry Primary School delayed by one week? Where does responsibility for this delay lie? Will the contractor pay penalties in respect of the delay? Did any other Lewisham schools have to put back the start of term and, if so, which schools, by how long, and was the same contractor involved?

Reply

The responsibility for ensuring that work at Downderry was completed on schedule sits with the local authority. Since 2008, 75 primary capital projects have been completed. This is the first time that a project has over-run, resulting in a late unplanned return of pupils back to school, and no other schools were so affected this year.

The local authority was badly let down by its contractor for the project. Officers had been informed at a meeting with the contractor three weeks prior to the beginning of the autumn term that the project was on schedule. In order to facilitate its completion, the local authority had also negotiated with the company the opportunity for weekend working . It was not until 3 September that the company informed the local authority, without any earlier communication, that it was not able to meet the deadline for delivery of the school. The local authority is considering making a claim for damages for any losses resulting from the delay to the opening of the school. The Executive Director for Children and Young People has met with the management of the contractor firm in order to express the local authority’s serious concerns over the delay and to check whether shortcomings have been addressed.

Building projects to increase primary pupil numbers were undertaken in 24 primary schools over the summer holiday. In the case of Kilmorie (2 days) and Forster Park (1 day) a planned late return had already been agreed well in advance with the local authority to take account of very significant building works and the resultant need for staff to set up classrooms and undertake Health and safety checks without pupils being on site.


Councillor Fletcher

I attended a meeting of the governors with the contractors earlier this year, where we were assured that the work would be completed during the summer holidays. In addition, the head and a few other governors met with the contractors weekly throughout the summer and were assured each time that it would be completed on time. Will the contractor pay penalties or not? Surely if they do not, it would seem to send a green light to contractors to behave in this way again in future. Page 57

Councillor Klier

Thank you, Julia. Yes, I get your question. The school went back a week late, as you know, and the Headteacher has said she will keep the children for half an hour extra each day in order to make up the curriculum time that has been lost. We had 32 sites working around schools for the Children and Young People Directorate over the summer. This is the only example of anything that has fallen behind. Yes, we will be in discussion with the contractors – who only informed us they were behind at the beginning of September – over any penalties.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Feakes of the Mayor

Question

Does the Mayor agree with the Director of Public Health for Lewisham that the delivery of “efficient and equitable health care requires doctors to take responsibility for resources and to consider the needs of populations”?

Reply

In the recent Annual Public Health Report, the Director of Public Health outlines a number of factors that need to be addressed to deliver efficient and effective health care and doctors have a major role to play in this. Generally speaking, it is always more likely to be the case that public sector decision making is equitable and efficient if due consideration is given to both demand and needs and also to resource allocation and availability. Most doctors, like any other public sector decisions makers, have always been aware of their responsibilities and have tried to adhere to them. The reconfiguration of health services means that GPs will be required to consider their responsibilities to a much greater degree and locally I know they are trying to do this to the best of their ability.


Councillor Feakes

Thank you, Chair. I would like to thank the Mayor for his response, but I am afraid the question I posed only really needed a yes or no answer. I must push him to say yes or no to whether he agrees that efficient, equitable healthcare requires doctors to take responsibility for resources and consider the needs of populations. Yes or no?


Quite why Councillor Feakes would seek yes or no answers on a complex issue like this escapes me.

(Due to heckling in the Chamber, the Mayor declined making any further response)

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Foreman of the Deputy Mayor

Question

Are there any plans to remove the speed humps on Verdant and Whitefoot Lane?

Reply

There are no plans to remove the speed humps on Verdant Lane and Whitefoot Lane.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Johnson of the Cabinet Member for Children & Young People

Question

Please list the schools in the borough that have breakfast club provision and confirm what percentage of schools in the borough this covers?

Reply

The majority of Primary schools provide breakfast clubs for pupils. However, we do not hold data on which specific schools are involved in this service, as the provision and delivery are matters determined by head teachers and governing bodies.


Councillor Johnson

Thank you, Chair. Yes, I understand that breakfast clubs are managed locally by each individual school, but given the growing importance of breakfast clubs in the light of benefit cuts and a continuing recession, is it worth considering a role for the Council in terms of gathering data on breakfast club provision across the Borough? If that can be done in a straightforward and efficient way, it seems a common sense thing to do at this current time.

Councillor Klier

Yes, I am sure we could collect the data; I am sure that would not be beyond us. It is a question for the individual schools as to whether they spend part of their budget on providing breakfast or not. As well as the obvious nutritious value and the help to students of getting breakfast, the extended school day is important to many parents, to allow them to get to work and back. From both points of view it is clearly a beneficial programme, but it is a question of what the school decides to do.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor De Ryk of the Cabinet Member for Customer Services

Question

How many applications have the Council received under ‘Right to Buy’ in the past 12 months? How does this figure compare to the previous year September 2010-September 2011?

Reply

The Council received 136 Right to Buy applications between 13 September 2011 and 13 September 2012. Compared to the previous year, the Council received 45 Right to Buy applications, which represents over a 200% increase on applications being submitted. In terms of completed Right to Buys – there were 12 sales between 13 September 2010 and 13 September 2011, with an average discount of £16,000. Between 13 September 2011 and 13 September 2012, there have been 16 sales with an average discount of £35,781.25.

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QUESTION No. 13

Priority 1


COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Bowen of the Deputy Mayor

Question

How many people are directly employed within the Council to encourage/help new business in Lewisham?

Reply

The Council’s Economic Development Service includes an Enterprise Development Manager whose role is to support enterprise development and to manage the council’s business support service contracts. These services are contracted out to specialist enterprise support organisations. Greater London Enterprise currently deliver the business start up service which provides free business start up support for unemployed residents. The service is match funded by European Social Fund and is delivered across Lewisham and Southwark. The service employs one business start up advisor in Lewisham who delivers support to unemployed residents with a particular focus on helping young people. New businesses can also benefit from free support to existing businesses from the Lewisham and Southwark Business Advisory Service. This includes advice, mentoring and training services to local small and medium sized businesses. Part of the service is designed to help sustain businesses which are experiencing difficulties due to the economic down turn. A growth programme helps local businesses to innovate and grow and to access local procurement opportunities. The service is delivered by a team of four business advisers who deliver services across Lewisham and Southwark.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Maines of the Mayor

Question

What discussions has the Mayor has with the Metropolitan Police regarding the disposal of policed owned real estate in Lewisham?

Reply

There have been no recent discussions between the Mayor and the Metropolitan Police about the disposal of Police owned property in Lewisham.


Councillor Maines

Yes, thank you. Please, Mr Mayor, can I ask whether, in view of the concern of Sydenham’s police station and rumours that the Metropolitan Police is looking to divest its real estate London-wide, could you have a meeting with them and find out whether this would have an adverse impact on policing in Lewisham?


If I am allowed to give you an answer, my understanding of how the changes currently underway in the Metropolitan Police are being dealt with in relation to property is that the property issues are being dealt with centrally. Therefore, the people we normally talk to – the borough commander and his colleagues – are not the people who can give us any information. Well, they might be able to give us information, but they cannot give us any answers because they are not the ones who are dealing with that. I can – and indeed will – once I am clear on what they are proposing, seek discussions with them. However, I am less than clear how that is going to work, because it does appear that it is something that is being handed down to local level. I cannot really give you any more information than that at the moment. We know that their estate is in play, but it is all speculative at the moment. We do not have a specific proposal in front of us.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Brooks of the Cabinet Member for Community Safety

Question

How many people have been (a) arrested or (b) fined or (c) incurred other sanctions for 'skitching' or related offences in the past 12 months?

Reply

To date over this period there has been: (a) 1 arrest (b) several pending investigation which may result in a fine (c) 3 Oyster cards removed

SUPPLEMENTARY QUESTION 15

Councillor Brooks

What has been done to stop any more young people in our Borough losing their Oyster cards for skitching?

Councillor Daby

That is a good question. Good evening. Skitching is obviously a concern, and I did raise a concern a few months ago around safety for children, safety in the area and wanting to avoid any awful situations. I have also already been working with the youth services on this, to try to highlight what the issues and concerns are so they are kept safe. I know the youth services I have visited are working with the young people to ensure they are skating safely and where they are skating they are using the facilities that are there for them. In that sense, we are working with the youth services and our services – Safer Neighbourhood Teams – to try to ensure young people are safe, they keep themselves safe and they enjoy their activities, but not in the roads and not holding on to the back of cars.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Curran of the Deputy Mayor

Question

What planning enforcement activities are the Council considering with regard to the Greyhound Pub in Sydenham?

Reply

The Council is not in a position to comment as investigations are proceeding.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Harris of the Cabinet Member for Customer Services

Question

How much is provided in the budget for removing and treating weeds that grow in the borough's public footpaths and pavements and how has this been affected by budget cuts?

Reply

The budget for applying herbicide to treat weeds in the borough was taken in year 2011/ 2012 as part of the Councils budget savings. The removal of weeds is now carried out manually by street sweepers.

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QUESTION No. 18

Priority 2


COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Paschoud of the Cabinet Member for Children & Young People

Question

What are schools in 'the Lewisham family' (i.e. all of the schools within the borough, possibly including primaries) doing to embrace and encourage the teaching of Computing and Computer Science - as distinct from Information and Communications Technology (ICT)? How many pupils at Lewisham schools currently have the opportunity to take a GCSE in Computing or Computer Science at key stage 4 and how many passed this in the latest school year for which this information is recorded?

Reply

Since the publication of the Royal Society report, more of our schools are considering how to increase the amount of teaching relating to programming rather than simply using ICT. This is at an early stage and most examinable qualifications currently do not have large elements of computer programming within them. We will be keeping this under review as Exam Boards develop their syllabuses. Our current records show, for ICT, that results for 2011 GCSE and equivalent qualifications show the following data

• ICT(courses including GCSE and other qualifications)

• 607 out of 667 entries are A* - C grades (91%)

• 608 out of 667 entries (91.2%) achieving A* - G grades.

• Computing courses (Computer appreciation / introduction, and Computer help desk)( GCSE equivalent qualifications)

• 466 out of 768 entries are A* - C grades (60.7%)

• 616 out of 768 entries (80.2%) at A* - G grades. The Computing courses taken are for a number of qualifications including Functional Skills at entry level to OCR National Certificates.


Councillor John Paschoud

Thank you, Councillor Klier, for the answer. It is, as I feared, in terms of statistics. I was prompted to ask this question of you by a national report on the topic from the Royal Society earlier this year. I am pleased to see you are aware of this report and how important computing is and will become as a skill to equip Lewisham pupils for high-level creative jobs in British Page 68

industry. What I would like to know is if you think there is anything the Council, as a local education authority, can do to encourage and support these objectives and changes in our secondary schools, and possibly even primary schools.

Councillor Klier

We do offer support to all schools, as you know, through our Improvement Team, led by Sue Tipper. She and her officers have very good relationships with all the schools in the Borough. I am sure these topics are discussed at length with teachers and Headteachers.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Griesenbeck of the Cabinet Member for Customer Services

Question

What steps has Lewisham taken so far to address the problem of squatting and what steps will Lewisham take with regard to new legislation introduced on the 1st September 2012?

Reply

Lewisham has always evicted squatters using the legal powers available, specifically legal action for possession pursuant to Part 55 of the Civil Procedure Rules. Since 1st September 2012 , Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 has created a new offence of squatting in a residential building. Such action will be undertaken when necessary and appropriate with the assistance of the Police. This has clearly added to the tools now available to us when dealing with squatters/ trespassers. Depending upon the individual circumstances, consideration will be given to using whatever legal powers are best suited to the specific facts in each case, including the use of s.144 where appropriate. Housing estates which are undergoing major regeneration are at greater risk of attracting squatters and there are a range of methods used to prevent squatting including securing properties as they become empty as well as using security guards in some circumstances. In September 2011 the use of Property Guardians was agreed at Mayor and Cabinet as an additional new tool for preventing squatting on regeneration schemes (see link below). A property guardian scheme supports the short term letting of homes before they are demolished which avoids the need for boarding and securing the growing numbers of empty homes on these schemes. This saves money as well as being a popular alternative for the remaining residents. We are currently working with ‘Ad Hoc’ on two of our regeneration schemes. We also use this source of short term accommodation for temporary accommodation as an alternative to Bed & Breakfast for homeless households. If the properties can not be let due to their condition they would be secured. This happens in only a small number of cases.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Whittle of the Cabinet Member for Customer Services

Question

What progress has been made in implementing each of the recommendations of the Housing Select Committee's review into damp and mould?

Reply

Recommendation for the Council: It is essential that housing providers provide standard information about damp and mould, including how to treat it and how to prevent it reoccurring. The Council could play a co-ordinating role by working with social landlords in the borough to develop a single, comprehensive, easy-to-understand public information leaflet for distribution to tenants and leaseholders. The leaflet should also contain information on the health impact of damp and mould and the options for addressing this, provided with input from NHS Lewisham. It should also inform tenants of their legal rights with reference to the Environmental Protection Act and the Housing Health and Safety Rating Scheme and signpost them to appropriate advice services. Update: The Council held a bespoke session on damp, condensation and mould with LewAHG (Lewisham’s Affordable Housing Group) on 4th October 2011 to present the recommendations to its local housing providers and to discuss ways in which they could be implemented. Prior to the meeting, the Council carried out an online search to see which of its local housing providers had existing leaflets for their residents on preventing and minimising the existence of damp, condensation and mould. This investigation showed that the majority of Lewisham’s local housing providers either had in place a leaflet providing guidance to residents about how to deal with damp, mould and condensation and/or provided this information online via their website. Please see table below. At the meeting, the Council asked the providers whether they wanted a single leaflet to be produced on behalf of all them and it was felt that perhaps providing information via the Council’s website would be more appropriate way to signpost residents to the providers to seek advice and assistance as well as to other advice services. The Council has therefore been working on developing an information page to display on its website informing residents how condensation and mould can be mitigated. It includes information on residents’ rights under Environmental Protection Act and Section 11 of the Landlord & Tenant Act 1985. Table 1: Results of online search for damp & mould leaflets Housing Leaflet Online Information and/or web-link to leaflet Page 71

Provider available

Affinity Sutton

Yes although is due for an update as tendering for new contractor.

Online information: http://www.affinitysutton.com/existing_residents/i_am_renting/broomleigh/report_a_repair/further_safety_information/damp_and_mould.aspx

A2 Dominion

Yes Leaflet: http://www.a2dominion.co.uk/content/doclib/843.pdf

Amicus Horizon

No

Family Mosaic

Yes No online information and leaflet could not be found on web-site

Gallions Yes Leaflet: http://www.gallionsha.co.uk/documents/Resident%20services/Resident%20info/9%20Energy%20efficiency%20and%20condensation.pdf

Hexagon No but part of their Tenant Handbook

http://www.hexagon.org.uk/content/373/condensation.aspx

Hyde Yes New tenants and available on request

L&Q Yes Leaflet: http://www.lqgroup.org.uk/_assets/files/damp-leaflet-165.pdf Online information: http://www.lqgroup.org.uk/services-for-residents/media-centre/news/homelife/2011/10/28/keeping-your-home-dry/

LHA-ASRA Yes Leaflet:http://www.asra.org.uk/residents/Documents/TenantHandbook10112010/7%20Damp%20and%20Mould.pdf

Moat Yes Online information: http://www.moat.co.uk/Residents/I_rent_a_property/Maintaining_your_home/Maintaining_your_home/Damp_and_condensation/ Leaflet on damp & mould: http://www.moat.co.uk/uploadedFiles/10 - Damp - leaflet CHECKED.doc Condensation leaflet: http://www.moat.co.uk/uploadedFiles/Keeping%20your%20home%20free%20from%20condensation.pdf

Phoenix No Online information: http://www.phoenixcommunityhousing.org/newspage.cfm?inc=repairs&policyno=9666873

Lewisham Homes

Yes Leaflet: http://www.lewishamhomes.org.uk/Resources/Lewisham%20Homes/Other%20pdfs/condensation%20leaflet%20final%20no%20marks.pdf

Regenter B3

Yes Online information: http://www.regenterbrockley.com/PropertyServices.asp

Recommendation for all housing providers: Housing providers should consider putting a link on their website to relevant pages on the NHS Lewisham website (pages which provide information about the health impact of damp and mould and the treatments available for associated illnesses). The Committee notes that Lewisham Homes and NHS Lewisham are investigating signposting each other’s services on their websites and these moves are to be welcomed and should be implemented as soon as possible.

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Update: The Council liaised with the Lewisham NHS representative shortly after the officer response was reported to Housing Select Committee in October. They recognised that damp, condensation and mould can exacerbate and trigger respiratory conditions but explained that the NHS website was not currently set up in the way to provide the appropriate links as per the recommendation but would continue to look into how they could do this. Recommendation for all housing providers: The Committee accepted that permanent solutions to damp and mould are often very costly and, in the case of Lewisham Homes, cannot be achieved until sufficient Decent Homes funding has been received and deployed. The Committee would like housing providers to re-examine what temporary solutions they offer, including envirovents and airbricks, and consider whether a heat recovery ventilation device might be the most appropriate temporary solution (as it is relatively inexpensive, costs less than £10 a year to run and is designed to fully remove damp and mould from the room in which it is installed). Update: At the LewAHG meeting on 4th October, all the providers present were asked about the various measures and treatments they undertake to tackle the causes and symptoms of damp, condensation and mould. All providers present confirmed that where damp, condensation or mould was reported, the property would be assessed by an operative to determine the cause. Affinity Sutton explained that if it was found to be condensation, the operative will discuss with the tenant about condensation and its contributing factors and what actions they can undertake themselves to manage the situation. A fungicidal wash is then carried out to remove any mould and a view taken on current ventilation. Existing extractor fans may be overhauled, vents checked and if it is deemed necessary to assist the tenant, new mechanical ventilation installed. Most providers at the meeting agreed that adopt a similar approach. They also stated that they would consider more permanent measures such as the installation of passive condensation vents such as those from PermaGard. In extreme cases, the property is assessed by a specialist and their recommendations followed. At the meeting, Lewisham Homes informed the group that they had provided their tenants with hygrometers i.e. the device measures the moisture levels in the home which enables the tenant to manage condensation levels. The hygrometer indicates three levels – very dry, ideal and very moist/damp. Please see picture below. Lewisham Homes gave some of these out to the providers and explained how cheap they were to purchase, approximately £4.50 and said they had a positive response from tenants. The details of the company that supplied the hygrometers was circulated to all LewAHG members following the meeting.

Fig 1: Hygrometer Phoenix Community Housing confirmed they have purchased 100 hygrometers which are being be given to new tenants along with their welcome pack. The Council has some EU funding left over from a project it has been involved with about tackling fuel poverty. The project is due to complete in the coming months and the Council is considering a range of options for the surplus, which includes purchasing a batch of hygrometers. Recommendations for all housing providers: Housing Providers should have a protocol in place to deal with any incidences of damp and mould in the same property or block. A checklist should be developed to ensure that trained officers can be sure that, within their experience and knowledge, there are no other damp and mould causes present in the property at that time. Page 73

Update: The Council has drafted a protocol following the meeting with LewAHG and after undertaking some best practice research. It was originally intended that the protocol would be in place by April this year but further work is being undertaken and it is now scheduled to be in place by October 2012. Recommendation for all housing providers: When a resident reports damp and mould, housing providers should ask if the resident or anyone in their family suffers from any relevant illnesses, so this can be taken into consideration in prioritising the repair and if housing re-allocation becomes a possibility. The officer should check if any children or elderly people are living at the property and record their ages. Update: It was originally intended that the protocol would be in place by April this year but further work is being undertaken and it is now scheduled to be in place by October 2012. Recommendation For all housing providers: When a resident reports damp and mould, the information provided to them on treating and preventing it should also be provided to their neighbours in adjacent properties, in case those properties are also susceptible to, and suffering from, damp and mould. Update: It was originally intended that the protocol would be in place by April this year but further work is being undertaken and it is now scheduled to be in place by October 2012. Recommendation for all housing providers: All void properties should be thoroughly inspected for damp and mould and appropriate action taken prior to re-letting. Update: This issue was discussed at the LewAHG meeting on 4th October and the providers present confirmed that all void properties are thoroughly inspected and where damp, condensation and/or mould is found to be present, appropriate works are carried out. Recommendation for all housing providers: Anti mould paint and sealant should be used in all appropriate circumstances. Update: This issue was discussed at the LewAHG meeting and the providers confirmed that treatment is carried out where it is deemed necessary. Recommendation for all housing providers: Ways of increasing the security of outside drying areas or drying rooms should be considered. Update: This recommendation is currently part of the draft protocol. Recommendation for Lewisham Homes Only: Decent Homes work should include permanent remedies for damp and mould in properties. Where the cause of damp and mould in a property is structural in some way, and not simply attributable to the household’s lifestyle, this should be addressed as part of the Decent Homes work. Update: Lewisham Homes have now commenced their Decent Homes programme and made 933 homes decent by end of March 2012. The target for Lewisham Homes this year is to complete 1239 homes up to the Decent Homes Standard. Any identified damp found in these properties will have been addressed as part of this programme. Recommendation for Lewisham Homes Only: In planning programmes of Decent Homes work, Lewisham Homes should (a) have regard to where the most serious problems of poor housing conditions, including damp and mould, exist; and (b) have regard to lessons learnt from the Brockley PFI scheme and other housing providers.

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Update: Lewisham Homes continues to undertake analysis of any properties with previous reports of damp and/or condensation and known defects are passed to the major works contractors for incorporation into the programme. The technical team check the building history prior to inspections. The Council held a lessons learnt session with Lewisham Homes and Regenter B3 in October 2011 and a number of recommendations were agreed including the need to ensure robust and early consultation with leaseholders regarding the onset of a major works programme including leaseholders signing off works to say they are satisfied. Recommendation for Lewisham Homes Only: Although Decent Homes work will be carried out as part of a planned programme, this should not preclude certain works which will provide a permanent solution to damp and mould issues, being brought forward for individual properties, where circumstances justify immediate work. Update: Lewisham Homes maintain they will carry out remedial works as necessary. Recommendation for Lewisham Homes and Regenter B3: Any Decent Homes or other works required to remedy condensation or damp and mould must adhere to the value for money protocols developed as part of the Public Accounts Select Committee’s review into the Council’s Obligations to Leaseholders. Appropriate advice should be provided to leaseholders as to the works required to remedy damp and mould. Update: Lewisham Homes and Regenter B3 continue to ensure that works comply with leasehold legislation and when required, are fully consulted on any potential works. Currently the Council and Regenter B3 are working together to resolve ongoing condensation and mould issues at the Clare Estate. A special meeting was recently convened where it was committed that a survey would be undertaken on the estate to determine the extent of the problem on the estate and then another meeting scheduled to discuss the findings and potential solutions. It was agreed that the Clare Estate TRA will provide input into the survey and Regenter B3 will be meeting with them soon to discuss this. Regenter B3 is currently undertaking this survey of all the tenanted properties on the Clare estate to identify and investigate incidents of damp and condensation. The survey will inform a range of solutions together with indicative cost of remedial works. The survey will be completed by January 2013. The solutions identified will then be applied across the rest of the Brockley portfolio. Update on recommendations for NHS Lewisham The HSC’s made a number of recommendations for NHS Lewisham:

• Moves being made by Lewisham Homes and NHS Lewisham to signpost each other’s services on their websites are to be welcomed and should be implemented as soon as possible.

• GPs and Health Visitors should (a) reinforce the lifestyle advice provided to residents by housing providers, to help minimise damp and mould in the home; and (b) signpost patients to relevant services such as advice on benefit maximisation to combat fuel poverty

• It would be helpful if GPs collected more data from patients suffering from respiratory illnesses and other illnesses associated with damp, mouldy and cold conditions, so the health impact of damp and mould can be better monitored and housing providers made aware of issues with their housing stock.

• The training provided to GPs and Health Visitors on the health impact of damp and mould should ensure that they fully understand the housing transfer medical assessment process and system of prioritisation.

NHS SE London Update: Lewisham Homes has publicised, via their website, the NHS’s ‘Stop Smoking Service’. Unfortunately, the current database used by GPs is not set up to collect information that can capture illnesses associated with damp and/or mould. The Council’s Allocations Policy has been reviewed and these changes are now being communicated to our Page 75

partners, residents and those on the housing register. Training sessions are currently being offered to our partners on these changes.


Councillor Whittle

Thank you very much, Chair, and thank you very much for the very full answer, in which there is a lot to be glad about, including the 100 hygrometers that have been bought by Phoenix Community Housing so people can tell whether they are developing damp and mould conditions in their houses. There has been a delay on getting a protocol together for the housing providers between the Council and the housing providers. That has been delayed from April. The target is for that to be in place by October. We are on 26 September now; I wondered whether there was an update on how that was coming along.

Councillor Wise

No, I do not have that information to hand, Councillor Whittle, but I can get back to you by the end of the week. I am very pleased to hear from you that you thought this was a very comprehensive reply. It certainly is in-depth and it is a concern I have had for a very long time: an issue usually aggravated by putting in double glazing.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Fletcher of the Cabinet Member for Deputy Mayor

Question

A recent study by the Universities of Birmingham and Lancaster has found that lining streets with trees, bushes and living walls can reduce air pollution by as much as 30%. Does Lewisham Council have any plans to develop “green walls” along Lewisham’s most polluted roads?

Reply

There are no plans for green walls but we do recognise the importance of "greenery" in the Council's Planning Policies which seek "living roofs" i.e. green roofs in core strategy policy 12 (L) which states ' promote living roofs and walls in accordance with London Plan policy and core strategy policy 8.

SUPPLEMENTARY QUESTION N0 21

Councillor Fletcher

I think the answer is rather disappointing. Can we not make efforts to be a bit more innovative in this respect, in order to reduce air pollution in the Borough, which we know impacts on rates of childhood asthma and other respiratory diseases?

Councillor Smith

It is another one of those absolutely wonderful ideas. I assume, of course, that the coalition government will give us the extra money to maintain the plants, clean up the leaves during the autumn and otherwise maintain these wonderful green walls we are going to put up on private property.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Feakes of the Deputy Mayor

Question

The contractors replacing the borough’s streetlights are reported to be selling the old lamp columns for scrap, and repainting and selling older lamp posts as heritage items, to their own profit. Is this bit of free enterprise allowed under the contract? If not, why isn’t the council seeking to recoup some costs by selling the old lamp posts?

Reply

Under the contract all of the removed lamp columns belong to the contractor. Any funds recovered as a result of the recycle of the columns have been built into the bid which have result in savings for the Council in the contract price.


Councillor Feakes

Yes, thank you Chair. Thank you, Councillor Smith, for your responses: very clear. In light of your last question, you mentioned that funds were short and you would like the government to fund trees. I am surprised your answer reveals there was not some foresight on the part of the Council when this contract was being negotiated that they did not introduce some form of claw back, perhaps, for the Council to receive the benefits of any overage on the sale of these lampposts. I understand they are going for some hundreds of pounds when they have been repainted and sold as heritage items. Secondly, it is part of this contract that some areas – particularly conservation areas – were not being offered the opportunity for more heritage style lampposts from elsewhere in the Borough to be put into their areas as part of the refurbishment plans with the new lighting, which has otherwise been welcome. Unfortunately, some conservation areas have to make do with some rather un-conservation-like lampposts in their replacements. I wonder whether you could look into that and get back to us, please.

Councillor Smith

I can pretty much give you an answer to begin with. If you read the reply, you will see the expectation that they would sell the lampposts was built into the bid. A significant number of these lampposts are cast iron, which is not really that recyclable and has very, very low scrap value. Some might be in a good enough state to sell to people to put in their front gardens as

Page 78

features, but not many of them. A significant amount of claw back was expected, and we did build that into the contract in the first place to give us a decent price. On the issue of heritage street lighting in our conservation areas, if you look around, you will find a good chunk of Lewisham is already a conservation area, not all of it the kind of place where heritage streetlights are suitable. This contract was for direct like-for-like replacement. If an area does not have heritage-style street lighting then it will not get it. If ward assemblies want to put up the extra money then I am sure we could come to some arrangement for those areas. However, the contract was a like-for-like replacement contract.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Foreman of the Cabinet Member for Customer Services

Question

How many CPNs have been issued to HGVs over the past year for non compliance with the lorry restrictions in operation throughout the borough, please can the Council provide a list of Penalty Charge Notices by location issue?

Reply

Street Name PCNs Issued

Daneby Road SE6 1

Prince Charles Road SE3 4

Stainton Road SE6 4

Staunton Street SE8 1

Tatnell Road SE23 1 Totals for Contravention 11

Report Total 11

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Johnson of the Deputy Mayor

Question

Given that summer flooding was relatively unknown a few years ago and now is happening more regularly, is there a need to review the Council's drain clearance programme so that the system is better able to cope with extreme weather conditions?

Reply

The Council has a cyclical programme for gully cleansing whereupon highway gullies are jetted every 2 years. There are no plans to increase this, however there are proposals to develop this programme by directing resources to areas where problems are more likely to occur.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor De Ryk of the Cabinet Member for Customer Services

Question

How many trees have been felled in Lewisham by year over the past five years? How many trees have been planted per year over the past five years?

Reply

The Council’s Tree Management System only holds the information requested from early 2009. 2009/10 - Felled 167 Planted 425 2010/11 - Felled 145 Planted 40 2011/12 - Felled 124 Planted 32

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Bowen of the Cabinet Member for Customer Services

Question

What evidence does the Council have for the effectiveness of its waste and recycling posters/banners (i.e. waste reduction)?

Reply

Lewisham monitors the effectiveness of its campaigns, including recycling posters and banners, through an increase in its recycling rates, increase in tonnage of recyclables collected and reductions in residual waste. Following all the publicity that has gone out over the past months, Lewisham has seen the following:

2011-12 Qtr 1

Recycling Rate 17.11% 19.22%

Residual Household Waste

767.96 kg 181.93kg

Further, tonnage to the Materials Recovery Facility (May to July) has increased by 12.4% on Aprils tonnage.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Maines of the Deputy Mayor

Question

How much income does the Council receive from advertising panels on highways?

Reply

The Council receives approximately £20k of income from advertising on the highway and £13k in car parks through a contract with J C Decaux.


Councillor Maines

Thank you. In view of the Mayor’s earlier comments about the financial situation for the Council and government nationally, I wonder whether there are any plans to increase this revenue, and whether the Council is investigating similar methods of income generation.

Councillor Smith

You might be pleased to know that particular contract is running out soon and will be renegotiated to give us a much better income.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Brooks of the Cabinet Member for Children & Young People

Question

How many complaints of bullying have there been in Lewisham's (i) primary and (ii) secondary schools over the past 12 months? Please can the Council provide the figures by school. Can the Council also provide the figures by year for the past three years?

Reply

Schools other than Academies are legally required to report racist incidents to the Local Authority, and these are collected as stated in the Lewisham anti Bullying Policy. However, schools in Lewisham can also submit data to us regarding other bullying incidents. Analysis for incidents other than racist incidents is only available for 2011/12. The following numbers of incidents of bullying were reported by Lewisham schools over the last three academic years: Special/ Primary Secondary PRU Total 2009/10 63 20 1 84 (racist incidents only) 2010/11 48 23 1 72 (racist incidents only

2011/12 65 60 0 125

Lewisham has a strong anti-bullying policy which schools can use to shape their own policies. All schools’ anti-bullying policies should be publicly available. Lewisham’s can be found on the Council website in the section relating to the Local Safeguarding Children Board. http://www.lewisham.gov.uk/myservices/socialcare/children/safeguarding-children-board/Pages/default.aspx

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Autumn Spring Summer Autumn Spring Summer Autumn Spring Summer

DfE No.Primary Schools

2000 Adamsrill Primary School 0 0 0

3301 All Saints' CE Primary School 0 0 0

2878 Ashmead Primary School 0 0 0

2023 Athelney Primary School 3 3 6 0 0

2029 Baring Primary School 2 2 0 0

2304 Brindishe Green Primary School 3 3 1 1 1 3 1 6 7

2887 Brindishe Lee Primary School 1 1 0 1 1 2

2068 Brockley Primary School 0 0 0

2108 Childeric Primary School 1 3 4 4 3 3 10 4 3 7

3325 Christ Church CE Primary School 0 0 0

2127 Coopers Lane Primary School 2 2 1 1 2 0

2148 Dalmain Primary School 0 0 0

2158 Deptford Park Primary School 5 5 1 1 2 1 3 4

2163 Downderry Primary School 0 1 1 1 1

2187 Edmund Waller Primary School 0 0 4 4

2197 Elfrida Primary School 1 1 0 0

2815 Eliot Bank Primary School 2 2 0 1 3 4

2811 Fairlawn Primary School 0 0 0

2225 Forster Park Primary School 1 1 0 2 2

3344 Good Shepherd Catholic Primary School 0 0 0

2259 Gordonbrock Primary School 1 3 4 3 3 0

2267 Grinling Gibbons Primary School 0 0 0

2289 Haseltine Primary School 0 0 0

2307 Holbeach Primary School 0 0 0

3661 Holy Cross Catholic Primary School 0 0 0

3360 Holy Trinity CE Primary School 0 0 1 1

2870 Horniman Primary School 2 2 0 1 1

2782 John Ball Primary School 0 0 0

2342 John Stainer Primary School 1 1 0 0

2347 Kelvin Grove Primary School 0 0 0

2349 Kender Primary School 1 1 1 1 1 1

2911 Kilmorie Primary School 0 1 1 1 1

Number of Bullying incidents 2011/12

Total:

2009/10 2009/10

Total:

2010/11 2010/11

Total:

2011/12

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2374 Launcelot Primary School 0 4 1 5 6 6 12

2381 Lee Manor Primary School 0 0 3 1 4

2384 Lewisham Bridge Primary School 1 5 6 N/a N/a N/a 0 N/a N/a N/a 0

2390 Lucas Vale Primary School 0 0 0

2403 Marvels Lane Primary School 1 4 5 3 2 3 8 1 1 2

2463 Merlin Primary School (Now an Academy 2 2 AcademyAcademyAcademy 0 AcademyAcademyAcademy 0

2422 Monson Primary School (Now an Academy AcademyAcademy 0 AcademyAcademyAcademy 0 AcademyAcademyAcademy 0

2869 Myatt Garden Primary School 0 1 1 1 1

3588 Our Lady and St Philip Neri RC Primary School 0 0 0

2871 Perrymount Primary School 1 1 0 0

2491 Rangefield Primary School 1 1 1 1 1 1

2493 Rathfern Primary School 0 2 2 1 2 3

2529 Rushey Green Primary School 1 1 0 3 3

2536 Sandhurst Infant School 0 0 0

2535 Sandhurst Junior School 2 2 0 1 1

2818 Sir Francis Drake Primary School 1 1 1 1 0

3416 St Augustines Catholic Primary school 0 0 1 1

3420 St Bartholomew's CE Primary School 0 0 1 1

3454 St James Hatcham CE Primary School 0 0 0

3472 St John Baptist CE Primary School 1 1 1 1 2 0

3478 St Joseph's Catholic Primary School 0 0 0

3374 St Margarets, Lee CE Primary School 0 0 0

3315 St Mary Magdalen Catholic Primary School 1 1 0 0

3518 St Mary's CE Primary School 0 0 0

3548 St Michael's CE Primary School 1 2 2 5 2 3 5 0

3594 St Saviours RC Primary School 0 0 0

3597 St Stephen's CE Primary School 0 0 0

3650 St William of York Catholic Primary School 0 0 1 1

3612 St Winifred's Catholic Nursery & Infant School 0 0 0

3654 St Winifred's Catholic Junior School 0 0 0

2571 Stillness Infant School 0 0 0

2570 Stillness Junior School 0 0 0

2606 Torridon Infant School 2 2 0 0

2605 Torridon Junior School 0 0 0

5200 Turnham Primary School 0 0 0

Number of Bullying incidents2009/10 2009/10

Total:

2010/11 2010/11

Total:

2011/12 2011/12

Total:

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Secondary Schools

4600 Addey and Stanhope School 1 1 0 1 4 5

4802 Bonus Pastor Catholic College 1 1 0 0

4249 Conisborough College 0 1 1 3 6 9

4041 Crossways 6th Form 0 0 0

4047 Deptford Green 2 2 2 4 6 20 5 25

4289 Forest Hill School 8 8 2 2 8 8

4646 Prendergast-Hilly Fields College 1 1 0 0

4323 Prendergast-Ladywell Fields College 0 2 2 1 1

4267 Sedgehill School 0 4 4 1 1 2

4204 Sydenham School 0 4 4 4 4

4636 Trinity School 2 3 5 2 2 6 6

Special Schools

7038 Brent Knoll Special (Primary & Secondary) 1 1 0 0

7180 Greenvale Special (Secondary) 0 0 0

7149 Meadowgate Special (Primary) 0 0 0

7141 New Woodlands Special 0 0 0

7141 Pendragon Special (Secondary) 0 0 0

7182 Watergate Special (Primary) 0 0 0

Pupil Referral Unit (PRU)

1103 Abbey Manor PRU 0 1 1 0

Nursery Schools 0 0 0

1011 Chelwood Nursery 0 0 0

1002 Clyde Early Childhood Centre 0 0 0

All-Through Schools

5201Prendergast Vale College Primary Sch (w as

L.Bridge)N/A N/A N/A 0 N/A N/A N/A 0 0

Academies

2599 Tidemill Academy 1 1 2 2 Academy 2 AcademyAcademyAcademy 0

Total: 19 27 38 84 22 24 26 72 55 70 0 125

2011/12

Total:Number of Bullying incidents

2009/10 2009/10

Total:

2010/11 2010/11

Total:

2011/12

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Councillor Brooks

Does the Cabinet member honestly believe that Sedgehill has only had five counts of bullying in three years?

Councillor Klier

The question was complaints of bullying; we have written down the complaints the school sends us – as they are obliged to do by law – to this central local authority. Only academies do not have to fulfil this requirement.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Harris of the Cabinet Member for Resources

Question

It is welcome news that the Council is to be part of a consortium of boroughs to purchase Oracle Release 12 with a total saving of £6 million, but has the Council considered the use of free operating system Linux across its systems as part of further cost-savings?

Reply

In the case of Oracle 12 the underlying operating system is not significant to the Council, as we will consume the Oracle 12 from a shared platform as a 'Cloud' service, rather than host an instance of the application on servers in the Lewisham Data Centre. The Operating System therefore becomes 'invisible' to us. We pay for a service, for service levels etc., and the choice of operating system is one for the provider of the Cloud Service, made according to their own commercial and technical judgements as necessary to meet the outputs specified in the contract with the 6 boroughs. As the Council procures more cloud-based software offerings the same will apply: the operating system will be an issue for the service provider, not for LBL. Most existing Council mid-range and line-of-business server-based applications, and all client machines [i.e. laptop and desktop PCs] sit on Microsoft operating systems. As the Council owns all existing Microsoft operating systems outright [in their current versions], and has now withdrawn from the Microsoft Enterprise Agreement for future licensing, there is zero cost to the Council for operating systems until such times as there is an unavoidable need to replace those operating systems. Going forward the Council will consider all options for replacing operating systems and/or moving to cloud-based provision.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Griesenbeck of the Cabinet Member for Customer Services

Question

Is there a general policy guideline regarding squatters and squatting nuisance and what steps are taken to ensure that squatting has no future in Lewisham?

Reply

Lewisham Homes have an agreed policy and procedure for dealing with squatters. The procedure sets out in detail; how to best identify when a property has been squatted; the responsibilities of each service area for effectively tackling squatting within the housing management and maintenance teams; the details of the legal process from identification to taking back possession; the necessary documentation required as part of a repossession and how squatting should be monitored and reported. Before 1st September 2012 squatting was a civil offence only but since then the act of trespassing/ squatting in a residential premises may be a criminal offence under section144 Legal Aid, Sentencing and Punishment of Offenders Act 2012. If proven, the defendant may be liable to a maximum of 6 months imprisonment and / or to a fine of up to £5000. Lewisham Homes will be revising their policy and procedures to reflect this change in legislation and powers to deal with squatting. All other social landlords working in the Borough also have squatting procedures. Housing estates which are undergoing major regeneration are at greater risk of attracting squatters and there are a range of methods used to prevent squatting including securing properties as they become empty as well as using security guards in some circumstances. In September 2011 the use of Property Guardians was agreed at Mayor and Cabinet as an additional new tool for preventing squatting on regeneration schemes (see link below). A property guardian scheme supports the short term letting of homes before they are demolished which avoids the need for boarding and securing the growing numbers of empty homes on these schemes. This saves money as well as being a popular alternative for the remaining residents. We are currently working with ‘Ad Hoc’ on two of our regeneration schemes. We also use this source of short term

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accommodation for temporary accommodation as an alternative to Bed & Breakfast for homeless households. If the properties can not be let due to their condition they would be secured. This happens in only a small number of cases. Lewisham does not have high numbers of squatted properties within the social stock. http://councilmeetings.lewisham.gov.uk/documents/s5553/Void%20Security%20in%20Decant%20Schemes.pdf

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Fletcher of the Cabinet Member for Regeneration

Question

The properties on Brownhill Road owned by TfL have now been left vacant for over 25 years. Given the urgent need for more housing in our borough, what pressure is the Council putting on TfL to bring these empty properties back into use?

Reply

The long term empty properties owned by Transport for London (TfL) in Brownhill Road (16-22) are commercial properties and not residential dwellings. TfL are using property guardians to offer temporary accommodation to protect some of these building from vandalism, unlawful occupation and building parts theft. The other properties are secure. The properties have been ‘safeguarded’ for future potential road improvements to the Plassy Road Island gyratory and TfL have not sought to dispose of or refurbish the units due to the uncertainty of whether they would be required at a later date. The Council have been engaging with TfL on these properties and wider issues on Catford Town Centre through the current Area Action Plan (AAP) process. The AAP identifies that the South Circular (A205) divides the town centre and surrounding communities of Catford. Improvements to the south circular could offer significant transport benefits, while contributing to the regeneration of Catford as an integral part of a wider programme of improvements. Accordingly, proposals for the road network has formed part of the ongoing design works and the design team are proposing to meet with TfL again shortly with the latest proposals. Once this process has been completed the future of the Brownhill Road properties can be reviewed.

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Councillor Fletcher

I am pleased to hear there will be a further process and after that a further review, but after 25 years will anything actually happen?

Councillor Smith

I cannot remember how many times we have answered this question. This property belongs to TfL. We have very little power to force TfL to do anything. That is the answer to your question, and it will be exactly the same answer the next time you ask it.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Feakes of the Cabinet Member for Customer Services

Question

How many incidents of illegal subletting of social housing units were reported to Lewisham Council over the past five years? Please could the Council provide the figures by year.

Reply

Unfortunately we are not able to produce figures for the last 5 years however we can provide the figures for this and last year. 2011/12 – 22 illegal subletters identified and processed. 2012/13 – 11 illegal subletters identified and processed. There is currently only 1 illegal subletter.


Councillor Feakes

Thank you, Chair. Thank you very much indeed for the answer. I know that we have spoken about this issue before – a few years ago, I think, actually – when you mentioned the phone line people could call if they wished to identify somebody. One comment and a question: I assume this singles out illegal sub-letters in the whole Borough, we know who they are and they are getting the appropriate treatment. They are probably going to feel the long arm of the regulations. Secondly, I am a bit surprised that we cannot go back further that the two years for those figures. As I say, we have spoken about this a number of times over the past six years; I would have thought the figures would still be there.

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Councillor Wise

I asked the same question, Councillor Feakes. What I am pleased to see is how the figures have decreased, and we are down to one illegal sub-letter. I thought we could actually celebrate the good work Lewisham Homes has done with this. They are not only doing it via people phoning them and saying, ‘We think that has been illegally sublet’. Through all of their Decent Homes work they are checking the right person is the tenant in that flat, and they are checking again through their annual gas certification checks. I think we ought to be very proud there is only one illegal sub-letter in over 13,000 properties: pretty good.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Foreman of the Cabinet Member for Community Safety

Question

Will the Council consider installing CCTV along Verdant Lane as a way of preventing speeding, and trespass to Hither Green Cemetery and incidents of metal theft?

Reply

These issues are of concern to me. However, the installation of new CCTV needs to be in line with Home Office guidance and assessment of the area. At this stage it is not felt this area meets these. The Home Office guidance is available if you wish to consult and you may find this under the following two links:

Information Commissioners Office (ICO) CCTV code of practice: Revised edition 2008 http://www.ico.gov.uk/for_organisations/data_protection/topic_guides/cctv.aspx

CCTV Operational Requirements Manual (v0.4 55/06) http://scienceandresearch.homeoffice.gov.uk/hosdb

The Council has a CCTV camera installed at Hither Green Cemetery, which is connected to the control room. This camera cannot see all the borders of the cemetery so would not prevent all trespassers but does view parts of the area. The costs of installing CCTV to gain coverage of the whole cemetery perimeter would be disproportionate to the level of crime reported in and around the cemetery. Speeding issues are addressed by the police using specific mobile speed monitoring cameras. This allows for greater flexibility in tackling speeding. The police in this ward are investigating the incidents of metal theft you have referred to and I am prepared to explore a range of actions that could be taken including extra high visibility patrols at key times.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Johnson of the Cabinet Member for Customer Services

Question

Why has the Council made a decision to drop the option for quarterly payment for parking permits for elderly and disabled residents, given this is likely to have a negative impact on a number of residents, particularly in cases where they may not need a permit for a full year?

Reply

Before last year's changes to the parking permit pricing policy, there was no difference between a carer's parking permit and a normal resident's parking permit. They were issued for the same price and under the same terms. In May 2011 we introduced a concessionary carer's parking permit which gives carers a discounted rate for a 12-month period and due to the introduction of the concessionary rate the quarterly option was removed. Recently it was brought to the council’s attention that quarterly carers permits were still being offered at the parking shop and it was decided to continue to issue for the time being. A permanent decision will be made following the outcome of the parking review.


Councillor Johnson

Yes, thank you Chair. Clearly there were problems in communicating this decision if even parts of the Council were not aware of it back in May 2011. Can I just check: would the original decision have been a decision by Mayor in Cabinet or a delegated officer decision? What sort of consultation would have taken place with pensioner groups in the Borough before the changes were introduced?

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Councillor Wise

I could not tell you whether it was a decision by Mayor in Cabinet or a delegated officer without going back and speaking with the Executive Director. I would be pretty sure consultation was undertaken, but what I am looking forward to are the many responses from all my colleagues on the parking consultation that is out and about and finishes on the 28th, which will help us inform the new parking contract and help us provide a much better service for those car users in the Borough.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor De Ryk of the Cabinet Member for Resources

Question

How many defibrillators are located in (a) schools (b) sports centres (c) Council buildings (d) train stations in Lewisham? Following the approval of the Council motion on 28 June 2012, when will this information be updated on the AED locator website?

Reply

(a) Schools - Having consulted with the Council’s Health and Safety Unit, which is responsible for checking that equipment relating to the safety of pupils is used appropriately and is in good condition, I can confirm that Lewisham schools do not hold defibrillators on site. (b) Sports centres - The following leisure centres have defibrillators and appear on the AED locator website. Wavelengths Leisure Centre Ladywell Leisure Centre Ladywell Arena The Bridge Leisure Centre Forest Hill Community Leisure Centre (evening and weekends in accordance with opening hours). Forest Hill Pools. The Sport & Leisure Service are working with Leisure Connection who manage Downham Health & Leisure Centre who have a defibrillator on site, but at this stage have not registered with the AED locator website.

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(c) Council buildings - The defibrillators are provided by the London Ambulance Service (LAS) and the LAS also have there own database which is linked to an automatic dispatch system.

The London Ambulance Service provide the following:

• provide all the maintenance around the equipment. Including servicing, changing batteries etc.

• update equipment as and when required

• provide training, which has to be updated on a yearly basis. Providing certificates for trained individuals.

Currently there are 2 defibrillators in Laurence House and Civic Suite. (d) Train Stations in Lewisham - Southern Stations that are staffed have defibrillators, and Southern trains will provide details of those stations, which can be provided once received. TfL (London Overground) currently do not have any proposals to provide on the overground network. The Council have informed the LAS of the service from AED, and they will deal with this enquiry direct as we do not own the equipment.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Bowen of the Cabinet Member for Customer Services

Question

A recent report in the Daily Mail (26 June 2012) newspaper stated that Lewisham is one of the ten worst councils in the UK for collection of council tax, with £35,129,000 outstanding. Will the Council refute this claim and if not, what plans does it have to reclaim this huge sum to ensure proper provision of services, for the people of Lewisham?

Reply

Lewisham has £26.8m in council tax arrears. A percentage of this debt will be on long term arrangements with customers. On an annual basis we are responsible for collecting £95.2m from 114,000 households. At the end of March 2012 £89.1m of that debt had been collected and as at 31 August 2012 that had increased to £90.2m. Last year Lewisham was the fourth most improved borough in Inner London for council tax collection, making improvements every year. Collecting council tax in these tough economic times presents a particular challenge. We pursue outstanding payments where possible and offer advice and flexible payment plans to residents who experience difficulties in paying. Lewisham makes every effort to recover previous years arrears prior to writing it off.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Maines of the Cabinet Member for Customer Services

Question

The Council appears to have exceeded the target of 7% or less municipal waste to land fill. What are the reasons for this failure. Has the Council incurred any Landfill Tax during the last 2 years ?

Reply

Lewisham has successfully introduced measures to reduce waste to landfill including mattress recycling and bulky reuse services. Lewisham set itself a stretching target for waste to landfill, and whilst the Council is slightly off target, it should be noted that Lewisham has the 3rd lowest landfill rate in London, (the highest having a landfill rate of over 58%). Further, Lewisham has the 16th lowest in the country putting Lewisham in the top quartile for waste to landfill regionally and Nationally. Lewisham has paid landfill tax but it has negotiated with the waste transfer station a gate fee whereby it has been held at 2010-11 prices. Therefore landfill tax has been paid at the £48 a tonne rate from April 2011 to June 2012 rather than the current rate of £64 a tonne.


Councillor Maines

Do you know the total amount of landfill tax we have paid during this period?

Councillor Wise

Yes I do.

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Councillor Maines

And what would the saving be if the Council were able to meet our own target?

Councillor Wise

I will be able to give that to you. Could I give it to you at the end of this meeting? Thank you.

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

How many complaints of (a) homophobic and (b) racially motivated bullying have been received by Lewisham's schools over the past 12 months? Please can the Council provide the figures by year for the past three years.

Reply

a) Incidents of homophobic bullying were first collected from schools in the academic year 2011/12, when the figure was 7.

b) Over the past three academic years, the following numbers of racially and

religiously motivated bullying incidents were reported by Lewisham schools: 2009/10 84 2010/11 72 2011/12 96 These are the number of reported incidents as schools are required to report racist incidents to the Local Authority. Complaints are dealt with at school level by governors and headteachers.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Harris of the Cabinet Member for Resources

Question

How much does the Council spend in total per annum on the following licences: (i) for anti-virus software? (ii) for the Microsoft Office suite of applications (or standalone applications within the suite)? (iii) for the Microsoft Windows operating system?

Reply

(i) Approximately £10k per annum

(ii) The Council has now withdrawn from the Microsoft Enterprise Agreement, so no longer makes annual licence payments to Microsoft. The Council owns all current versions of MS Office [up to and including Office 2010] and MS stand-alone applications outright, and has sufficient licences for most needs over the next few years. There is, therefore, zero ongoing cost to the Council for such applications, until such time as there is an unavoidable need to replace those applications. (iii) There is zero ongoing cost for MS operating systems for the same reasons as detailed above in relation to MS applications.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Fletcher of the Cabinet Member for Customer Services

Question

Following the recent study carried out by Kings College’s Environmental Research Group, which found that local waste management businesses in Lewisham contributed 27% of the mean PM10 daily concentration as mean daily concentration at the air quality site in Lewisham and my Council question on this issue 28 June 2012, what discussions have the Council had with local waste management businesses in the area about this? Have the Council identified the key sources of these emissions? Are any of these local waste management businesses Council contractors?

Reply

In reference to the first part of your question, waste management business are permitted and regulated by the Environment Agency. They would have direct dialogue and control function, with legal responsibility for inspection, with private businesses in the Borough, for this sector; and would hold specific information attaining to emissions. These type of businesses are primarily located in the North of the Borough, for example SELCHP, Economics, Hinckcroft and RTS. In relation to the second question, monitoring in the Borough for PM 10 is currently undertaken at New Cross, Loam Pit; and Mercury Way - which is located close to the above facilities and was established by Lewisham Council’s Environmental Protection Team in 2010 to monitor for fluctuations from PM 10; and this information was submitted and utilised to produce the report by Kings College, referenced in your question. This work is ongoing in collaboration with the Environmental Protection Team and Kings College ERG to determine trends and potential sources. As mentioned in the response to the Council question of 28 June 2012, the Council commissioned King’s College Environmental Research Group to analyse the monitoring data collected from the air quality monitoring station located in Mercury Way and

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produce a report. The report looked at the monitoring data and compared it with meteorological data to establish patterns between air pollution peaks and weather conditions. While the analysis showed that there was a correlation between higher concentrations of particulate matter and wind direction from the waste transfer sites, it is not possible to identify one particular source of emissions from the data available. Furthermore, it is almost certain that the concentrations of particulate matter arise from multiple sources which include both emissions from the industries as well as from transport. This is supported by the fact that higher concentrations did not only occur when the wind direction was from the direction of the industrial sites. Under the National Air Quality Objectives, the target is met if there are fewer than 35 days of exceedance within a year. The concentrations of particulate matter recorded at the Mercury Way air quality monitoring station have consistently met this target but the Council continues to work to reduce the concentrations and the number of accidences. The Council approached Transport for London for this area to receive support from the Mayor’s Clean Air Fund. Through this, works were carried out to improve the road surface and cleanliness of the area and a trial was conducted into the use of dust suppressants. As the permitting and monitoring of the sites is the responsibility of the Environment Agency, the Council has been involved in regular discussions with them regarding the control of emissions from the sites. The Environment Agency has drawn up an Action Plan for the sites which was passed to the Council for comment and the Action Plan is now in the process of being implemented. Progress on the implementation will be reported at the next scheduled meeting. Some of the local waste management businesses (most notably SELCHP and Hinkcrofts) are Council contractors.

SUPPLEMENTARY QUESTION NO 40 Councillor Fletcher Yes please. Will it be possible to see the action plans submitted by the Environment Agency and be informed about progress on implementation?

Councillor Wise

I will echo my colleague behind me: this is probably the second or third time you have asked this question. If you ask it again, I am sure you will get the same reply.

I believe Verdant Lane is a diversion route because TfL is using it as a diversion route. They tend not to tell us these things. I will find out and let you know; we will find out from Highways. I do not have those answers down, but I will let you know.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Feakes of the Cabinet Member for Customer Services

Question

What monitoring of aircraft noise does the council carry out? Do Lewisham Council monitor changes in allowed flight plans, and if so, what recent changes have there been affecting the Forest Hill area?

Reply

General questions have been asked through consultation, regarding impact of aircraft noise on the Local Authority. Through discussion with the CAA there are quite a lot of issues, such as the wind direction for instance, which alters flight paths and can affect the number of aircraft flying over Lewisham. There is no specific monitoring by Lewisham Council over changes in flight paths. There is no monitoring of aircraft noise within the borough. Where complaints have been received these have been passed to the Civil Aviation Authority or callers have been encouraged to contact them directly. We do not have any statutory role in controlling noise from the aircraft however the Civil Aviation Authority’s Directorate of Airspace Policy (DAP) provides a focal point for receiving and responding to aviation related environmental enquiries, including aircraft noise complaints, from the general public. The council has associated itself with the all-party 2M Group of local authorities in London and the South East opposed to any further expansion of Heathrow on environmental grounds. For more general concerns in relation to noise and flight paths then contact with the Civil Aviation Authority continues to be the most appropriate action. The following links to CAA website with documentation are of interest: http://www.caa.co.uk/docs/7/EIS%2011.pdf http://www.caa.co.uk/docs/7/EIS%2003.pdf

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

What action is being taken by Lewisham Council to improve the visibility and clarity of road signage near Verdant Lane relating to HGV restrictions?

Reply

An area wide lorry ban (weight limit 7.5 Mg) exists in the area bounded by, but excluding, Brownhill Road, Plassy Road, Sangley Road, Bromley Road and Whitefoot Lane. Verdant Lane was also a boundary road but was included in the ban area. The enforcement of this ban is by the Police. Such enforcement is proving to be difficult for Verdant Lane as it has been signed as a diversion route for eastbound over height vehicles from the south circular to avoid bridge strike incidents at the St.Mildred's Road rail bridge.


Councillor Foreman

Have the Council undertaken an impact assessment on Verdent Lane being uses as a diversion route and how ling is the diversion route.

Deputy Mayor

I believe Verdant Lane is a diversion route because TfL is using it as a diversion route. They tend not to tell us these things. I will find out and let you know; we will find out from Highways. I do not have those answers down, but I will let you know.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor De Ryk of the Cabinet Member for Strategy & Communication

Question

Following Westminster Council’s launch of a free wi-fi network in London’s West End, are there any plans to implement a similar scheme in parts of Lewisham?

Reply

I have asked officers to investigate. Westminster's WiFi project, while interesting, only covers the very busiest parts the West End; Oxford Street, Leicester Square etc. O2 provide the WiFi in return for adverts being sent to a users mobile device. We would need to know what levels of footfall are required in an area in order to attract this level of investment.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Maines of the Cabinet Member for Customer Services

Question

How many Parking Tickets have been issued by Lewisham Council over the past year? How many of these were (a) disputed and (b) withdrawn. How many of those withdrawn were found to have been ‘incorrectly issued.’ How many Parking Tickets were issued in Blackheath ward during the Olympic Games period and can you give a comparison with the same period last year?

Reply

The number of parking tickets (PCNs) issued over the last year Sept 11 – Sept 12 = 65,025 The number disputed 19, 835 (30.5%) of total PCNs The number withdrawn 6131 ((30%) of the number disputed (9.4%) of total PCNs The number incorrectly issued 1616 (8%) of the total disputed and (2.4%) of the total PCNs issued. The reports do not give PCNs issued per ward. The PCNs issued during the Olympic Period across the Borough was 9261 The PCNs issued during the same period last year across the borough was 7518

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

How many (a) primary school pupils and (b) secondary school pupils have made applications for a school transfer over the past 12 months? How many of these applications have cited 'bullying' as a reason?

Reply

There were 2539 applications made for primary pupils ‘in-year’ in the academic year 2011-12 and there were 1043 for secondary schools. The large majority of these applications were from parents moving into the borough and needing a school place. For those seeking a transfer between schools in Lewisham, reasons for seeking a place vary and these reasons are not recorded. However, strong protocols are in place to ensure that headteachers discuss any such moves before they take place as they could be indicative of a safeguarding issue. There were 72 managed moves between secondary schools in the same period. A managed move is an arrangement between head teachers where the pupil moves to another school and is taken on roll once it is clear the move has been successful. The reasons for managed moves are varied and may include bullying.


Councillor Brooks

Please could you give details of the managed moves that took place last year.

Page 113

Councillor Klier

I am sorry, Councillor Brooks; that is a matter for the schools and for the head teachers of the schools who arrange the managed moves. Also, I think in many cases the young people would not want this to be publicised.

Page 114



COUNCIL MEETING

26 SEPTEMBER 2012


Question

How well used are the electric car charging points in the borough? How many times have they been used? Please can the Council detail how many times they have been used by location?

Reply

The electric vehicle charging points provider - ‘Source London’ (https://www.sourcelondon.net/how-use-source-london-charge-points), hold this type of information and a request has been made to provide detail of usage. We will provide an update when we receive the information.

Page 115



COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Feakes of the Cabinet Member for Children & Young People

Question

How much funding did Lewisham’s schools receive from the Summer School Fund and how many Lewisham pupils took part? How will the council be checking that the summer schools were effective?

Reply

A £50 million summer schools fund was set up nationally this year to help the most disadvantaged pupils. Schools received for £500 for every disadvantaged pupil taking part in a two-week summer school. The money applied to all pupils transferring in to Year 7 who are on Free School Meals or have been in care for six months or more. Headteachers were able to design and run summer schools, targeting these pupils.

In Lewisham, all secondary schools signed up for the Summer School programmes unless they had extensive building work which prevented them from running summer schools in the holidays. It is up to schools to monitor the effectiveness of the programme but the School Improvement Team monitors the performance of all pupils and always has a focus on the progress of Y7 pupils. All analyses look particularly at progress of pupils who are eligible for free school meals. In this context, we will be able to check on the impact of the Summer Schools at termly meetings over the year.


Councillor Feakes

Thank you, Chair, and thank you to the Cabinet member for her response. As you know, the programme was focused on those children from disadvantaged backgrounds. In light of the comments by Ofsted about how the pupil premium has not necessarily been used as effectively as might have been hoped to target that particular group, I was wondering whether the Cabinet member may wish to ask of schools what their plans are

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at this point to use the programme so that when you do get some of the information at your termly meetings you can at least hold them accountable to what they planned to do with it, and whether it was effective.

Councillor Klier

Sorry, Councillor Feakes, is your question for me to find out what people are doing with their pupil premium, or is it a question of the summer schools only?

Councillor Feakes

It is the summer schools only.

Councillor Klier

I think the proof will be in the pudding. Hopefully this will really help young people transferring to secondary schools at the age of 11. Hopefully our results will continue to rise. As you saw recently, our exam results at 11, the SATs, were extremely high, and the GCSEs held steady. So I think we have been rising up with our achievement.

Page 117



COUNCIL MEETING

26 SEPTEMBER 2012


Question

Are there any plans to install further traffic calming measures on Verdant Lane?

Reply

There are no plans to install further traffic calming in Verdant Lane.

Page 118



COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor De Ryk of the Cabinet Member for Strategy & Communication

Question

How much did Lewisham Council spend on publicity last year?

Reply

£333,000 – 2011/12 (Excl. Statutory publications and notices)

Page 119



COUNCIL MEETING

26 SEPTEMBER 2012


Question

How many roads in Lewisham are designated 20mph ? Does the Council introduce 20mph limits without physical measures, such as speed cushions/humps ?

Reply

Lewisham has approximately 850 roads with a 20mph speed limit, with a combined length of over 150 miles, representing 64% of the boroughs roads. To date, 20mph zones have only been introduced where physical measures have been put in place to “self-enforce”. The Police do not generally enforce 20mph zones and will not support their introduction unless appropriate physical measures are in place.

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

Once children become 11 they are legally required to pay their fare on a bus or show an oyster card. Many secondary school children still do not have their cards but believe they can travel on a bus because they have their school uniform on. What has been done to advise children who have turned 11 and their families the consequences of boarding a bus without an oystercard and not paying?

Reply

Following the introduction of Free Travel on London buses to all school children the local authority no longer has direct contact with parents and pupils regarding travel. The Oyster card scheme application and Transport for London publicity on buses, make the terms of the scheme and the requirement to present an Oyster card upon travelling very clear. All pupils reaching year 7 should have secured an Oyster card by the beginning of term. However, we will remind schools to ensure that all of their pupils are clear about the conditions of the scheme.


Councillor Brooks

Yes please, Chair. Is your answer confirmation that you have done nothing to inform parents about the implications of their children getting on the bus without an Oyster card? Councillor Klier All children reaching Year 7, starting secondary school, are eligible for an Oyster card and they should all have received it. If, in some cases, that has not been the case I hope this will be rectified as soon as possible.

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

Lewisham Council has been selected to spearhead a London-wide contract for the sale of textiles collected from bring banks. How many complaints has Lewisham Council received about this? Has the Council conducted an impact assessment on the likely impact on local charities and voluntary organisations?

Reply

The Council has received no complaints about leading on the Procurement of a textile bring bank provision contract. The Council hasn’t conducted an impact assessment on the likely impact on local charities and voluntary organisation. Lewisham’s existing textile bring bank provider is a commercial operator and the new contractor will provide banks at the current sites with the possibility of a few more additional sites and so the impact is likely to be minimal.

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

How many applications for a certificate of Lawfulness following an unauthorised housing conversion have the Council's Planning department received by year for the past five years, how many of these certificate of Lawfulness application were successful?

Reply

Over the past 5 years the Council have received a total of 195 Certificate of Lawful Development (LDCE) applications. Of these, 65 have been granted for housing conversions where the applicants were able to provide evidence of the length of time which the property had been in use as separate households. This represents 48% of all LDCE applications granted.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor De Ryk of the Deputy Mayor

Question

How many awards for excellence for local businesses does the Council currently give annually? What are they, and how are they publicised?

Reply

The Mayor of Lewisham Business Awards are awarded on a quarterly basis. Business can apply under a number of categories including awards for: New Business, Young Entrepreneur, Social Enterprise, Corporate Social Responsibility, Environmental Award and Customer Service. The awards are publicised through Lewisham Life, in the local press, and in the council’s Business E newsletter. Details of the awards and the nomination form are available on the council web site at http://www.lewisham.gov.uk/myservices/business/business-awards/Pages/Business-awards.aspx. There are typically 3 to 5 awards given out each quarter depending on the calibre of the nominations.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Maines of the Cabinet Member for Strategy & Communications

Question

Following the demise of REAL and the establishment of a steering group into the organisation's structure, how many times has the steering group now met and what progress can you report since the last Council meeting?

Reply

The steering group has met, with Lord Ouseley, on a further 4 occasions since February. Progress - Subgroups have been established to work on the policies and procedures, staffing structure and the inaugural meeting. At the September meeting all documentation including the constitution and policies will be signed off ready for adoption. A number of organisations have come forward to be part of the launch and membership such as Lewisham Disability Coalition, Metro Centre, LEMP, Lewisham Multi Lingual Advice Service, Lewisham Refugee and Migrant Network and Deptford Reach. The new organisation will officially launch on 1 November 2012. It is hoped the new organisation will move into their new premises in this calendar year. Equaliteam Lewisham has been formally agreed as the name for the new organisation. September is the last time that the group meets as a working group and the next meeting will take place when the organisation is independent, with a newly elected constituted committee.

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

How many Lewisham resident reception class children have not started school this term because: a) Home visit by a teacher has not happened ? b) An error by school

Reply

Places have been offered to all children whose parents made an application and the Admissions Team are currently processing the applications of children new to the area, which have arrived over the last week. We are unaware of any errors made by schools. Most schools stagger their admission to reception in order to ensure that children settle well. It is not possible to say at this stage which children have not started. Some parents will also have chosen to defer their child’s entry until January 2013.


Councillor Brooks

Yes please, Chair. I am a bit confused about the answer. How can the Cabinet Member for Children and Young People not know which children have started in this term and who will be starting in January?

Chair

Is that the question?

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Councillor Brooks

Yes. You may not understand that, Chair; sorry.

Councillor Klier

As you know, if you are born from September to January, I think it is, you are obliged to start in the September of the year when you turn five. If you are born later in the year, you still have the choice to start in February. However, most children are starting now in September, which was introduced about two years ago, I believe – or last year; I am not sure which. It is a question for the parents: if they want their young children to stay at home for another month, that is their prerogative.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Fletcher of the Customer Services

Question

What discussions do Lewisham Council have with the Civil Aviation Authority and BAA about accumulative noise from aircraft? Do Lewisham Council monitor changes in flight plans?

Reply

General questions have been asked through consultation, regarding impact of aircraft noise on the Local Authority. Through discussion with the CAA there are quite a lot of issues, such as the wind direction for instance, which alters flight paths and can affect the number of aircraft flying over Lewisham. There is no specific monitoring by Lewisham Council over changes in flight paths. There is no monitoring of aircraft noise within the borough. Where complaints have been received these have been passed to the Civil Aviation Authority or callers have been encouraged to contact them directly. We do not have any statutory role in controlling noise from the aircraft however the Civil Aviation Authority’s Directorate of Airspace Policy (DAP) provides a focal point for receiving and responding to aviation related environmental enquiries, including aircraft noise complaints, from the general public. For more general concerns in relation to noise and flight paths then contact with the Civil Aviation Authority continues to be the most appropriate action. The following links to CAA website with documentation are of interest: http://www.caa.co.uk/docs/7/EIS%2011.pdf http://www.caa.co.uk/docs/7/EIS%2003.pdf

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

How many unauthorised housing conversions have there been in the past five years?

Reply

The Council's Planning Enforcement Team investigates potential unauthorised conversions when such works are brought to our attention. In the past 5 years, there have been 109 enforcement cases regarding unauthorised housing conversions. This is 18% of all enforcement cases recorded.

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

What measures are being taken by the Council to help struggling local businesses survive the recession? And how is the welfare of small businesses being monitored?

Reply

The Council’s Business Support Services are delivered by Greater London Enterprise. These services are delivered across Lewisham and Southwark and provide free advice, advocacy, mentoring and training services to local small and medium sized businesses. Part of the service is designed to help sustain businesses which are experiencing difficulties due to the economic down turn. A growth programme helps local businesses to innovate and grow. The service has a particular focus on helping businesses access local procurement opportunities and works closely with the Council's Local Labour and Business Scheme in this regard. In 2012/13 the service will help (in Lewisham); 115 businesses with mentoring support, 79 businesses develop new business plans and 28 businesses submit tenders resulted in 12 businesses securing contracts worth £3.1M. The Chamber of Commerce undertakes a quarterly health check of its members and the Council and the Chamber hold bi monthly networking meetings for local businesses. The Council undertakes an annual survey of existing businesses and start ups in the borough.

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

At the Council meeting on 29 February 2012, Council gave its approval to a Motion on cycling safety. Please can the Council outline: (i) Who is the Council’s cycling commissioner? If appointed, could the Council please outline their achievements to date and the planned scope of this role? (ii) What the Council is doing to promote 20mph lanes in residential areas? (iii) Which businesses the Council has approached and invited to sponsor cycleways and cycling super-highways in Lewisham? (iv) Which roads the Council has identified as being the most dangerous in the borough and what action have they taken?

Reply

(i) This question refers to the cycling campaign by The Times, which included an 8-point manifesto for improving cycle safety. Point 8 on this manifesto is the appointment of a cycling commissioner. In this respect, the Council Motion urged the Mayor to "enter into discussions with the Mayor of London about the Times’ eight-point manifesto". The Council has not appointed a cycling commissioner, however, the Council continues to deliver an excellent service in support of cycle safety. This year LBL received 3 runner-up awards at the London Road Safety Council, for outstanding work programmes such as the Lewisham Cycle Training Programme, and Peer to Peer Road Safety Training in schools. (ii) The Council has introduced 20mph zones in 64% of its roads. All areas with a clear

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road safety case for a 20mph zone have been treated, and the Council therefore no longer has a specific programme for the introduction of new 20mph zones. (iii) The Cycle Superhighways (CSH) are sponsored on a London-wide basis by Barclays. Other cycle routes within the borough are not sponsored, however, the Council is working with several organisations, including education, health and transport providers, to implement a programme of supporting measures within 1.5km of the new CSH routes. These measures, funded by TfL, will include additional cycle parking facilities, cycle training, and cycle safety checks. (iv) In Lewisham the vast majority of traffic collisions resulting in injuries occur on the Transport for London Road Network. The Council plays a very active role in supporting TfL's road safety strategy, and works collaboratively with TfL to deliver a programme of road safety, education and publicity throughout the Borough, working towards London Road Safety Targets and performance indicators to reduce the number of casualties on the roads in Lewisham. On the borough's roads, clusters of collisions are less prevalent, and road safety issues that require an engineered response are addressed on an annual basis through the Local Implementation Plan. Projects funded through the LIP take a "corridors and neighbourhoods" approach, aimed at addressing all the transport issues, including road safety, in any given corridor or neighbourhood. One such example is the Brockley Road Corridor, which has a relatively high proportion of collisions on borough roads, and which will be investigated and a project developed in 2013-14.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Brooks of the Cabinet Member for Community Safety

Question

Big Brother Watch's report "A legacy of suspicion: How RIPA has been used by local authorities and public bodies" suggests that over the past three years there have been 62 applications by Lewisham Council for communications data under the RIPA. Please can the Council detail how many of these uses of RIPA have resulted in convictions?

Reply

The Big Brother Watch request covered applications for both Directed Surveillance and Communications data which total 62 for the 3 year period 1/12/08 to 30/11/11 as requested by Big Brother Watch. These are broken down as follows. Authorisations for the use of RIPA cover two distinct aspects of surveillance:

1. Under Part II of the Regulation of Investigatory Powers Act authorised officers working for the London Borough of Lewisham are able to authorise the use of Directed Surveillance. This function is independently scrutinised by the Office of Surveillance Commissioners.

2. Under Chapter II of Part I of the Regulation of Investigatory Powers Act 2000 the

Council is able to acquire certain Communications data. This function is independently scrutinised by the Interception of Communications Commissioners Office.

The number of requests for each year are shown in the table below.

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Year Number of requests for Directed Surveillance

Number of requests for Communications data

1 December 2008 – 30 November 2009

Total: 5 - 2 child protection - 1 counterfeit DVDs - 1 establishing level of

need of service user - 1 blue badge

Total: 15 - 11 Trading Standards

offences - 4 benefit & housing

fraud


Total: 7 - 4 test purchasing of age

controlled goods - 1 fly tipping - 2 sale of counterfeit

goods -

Total: 22 - 13 benefit and housing

fraud - 8 offences contrary to

the Fraud Act 2006 - 1 consumer protection

for unfair trading


Total: 9 - 6 test purchasing of age

controlled goods - 3 anti-social behaviour

Total : 4 - 1 offences contrary to

the Fraud Act 2006 - 3 Trading Standards

offences

The Council does not hold information on how many of these cases resulted in prosecutions and convictions.

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QUESTION No. 62

Priority 8


COUNCIL MEETING

26 SEPTEMBER 2012


Question

The Council recently announced that it would be holding a number of composting workshops in the first week of September to improve household recycling rates. How many people attended each of these workshops?

Reply

Four workshops were held in September to promote home composting. 43 people attended broken down as follows: 2 sessions were held on 1st September Devonshire Rd totalling 19 people 3rd September Dacres Wood - 16 people 6th September Downham Library - 8 people


Councillor Fletcher

I am pleased to see there was quite a good turnout for the composting workshops. Are there plans to have further workshops?

Councillor Wise

I hope so, Councillor Fletcher. They are always successful. We had one earlier in the year, in June. I would like to encourage as many people as possible, if they can, to compost.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Foreman of the Cabinet Member for Deputy Mayor

Question

How many incidents of beds for sheds have been reported to the Council over the past twelve months?

Reply

Over the last 12 months there have been 16 reported enforcement complaints regards unauthorised use of outbuildings for residential purposes. This is 3% of all enforcement complaints received.

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COUNCIL MEETING

26 SEPTEMBER 2012


Question

What are the restrictions for HGV's driving in 20mph residential areas and who is responsible for enforcing them? Are the restrictions devised by Lewisham Council or are they London wide?

Reply

In general, HGVs are not restricted from driving in 20mph zones. There is a general lorry ban at nights and weekends for vehicles over 18.5 tonnes. This ban covers the whole borough except the south circular, and is enforced by London Councils. Lewisham has introduced weight restrictions in some parts of the borough which are enforced by the Police.


Councillor De Ryk

Yes, I would like to ask an extra question, which is: I live on a street with a weight restriction. I specifically asked the police if they enforced that weight restriction and was told by them that they did not. I wondered who did, as you seem to think they do and they seem to think they do not.

Councillor Smith

Do you know, I do not know the answer to that, but I will find out and let you know.

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QUESTION No. 65

Priority 8


COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Brooks of the Cabinet Member for Customer Services

Question

How many incidents of individuals using false payslips or other identification documents when claiming or trying to claim Council Tax Benefit or Housing Benefit has the Council identified in the past three years? Please can the Council please provide the figures by year. What safeguards does the Council have in place to ensure the authenticity of identification documents and payslips provided by potential claimants?

Reply

The Councils Anti-Fraud & Corruption Team (A-FACT) based within the Resources and Regeneration Directorate investigates all cases of suspected Housing and Council Tax benefit fraud.

During the last three years the Council has prosecuted 7 claimants for attempting to use or using false documents to support their claim for Benefits.

The number of prosecutions for each financial year is shown below.

2009/10 – 3 cases

2010/11 - 3 cases

2011/12 - 1 case

Wherever possible, the Benefit Service insist on provision of original documents in support of benefit applications, some documents eg passports can also be authenticated through ultra violet scanners in Access.Point. Any documents received

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that arouse suspicion over their authenticity are routinely referred to A-FACT for further investigation.

A-FACT have provided specialist training to Benefits staff on the verification of documents, especially those documents with security features such as passports. Officers from A-FACT are also available to give immediate advice, with access to specialist equipment to assess, if a suspect document is provided to support a claim for benefits.


Councillor Brooks

If you could just quickly turn to page 61 for the answer: ‘The Council does not hold information on how many of these cases resulted in prosecutions or convictions’. Could you just let me know where you have the answer to the question I asked you?

Councillor Wise

Perhaps, at some point.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Brooks of the Cabinet Member for the Third Sector

Question

The estimated number of troubled families in Lewisham under the new criteria is 910. Over the last 5 years please list by financial year on year dates, the number of troubled families under the old criteria supported in Lewisham and the government funding given to support these families.

Reply

The Troubled Families funding was introduced in the current financial year, and is the first time that specific government funding has been allocated to local areas to work with a defined set of criteria for ‘troubled families’. Therefore there is no data on the amount of government funding given to support these families over the last five years, as no such funding existed. The ‘old criteria’ presumably refers to analysis of 2005 data from the Families and Children Study (FACS), which was a survey of 7,000 families across England. Analysis carried out by the Cabinet Office’s Social Exclusion Task Force produced seven criteria, with a family defined as having ‘multiple problems’ if it met five or more of the seven. The definition was used to produce a national estimate of ‘families with multiple problems’ across England, but was never intended as a definition to be used by local areas to identify such families in their area. In Lewisham, there are over 1900 children defined as ‘in need’ under the terms of the 1989 Children’s Act. In addition, there are approximately 5,500 children who fall under this threshold but are in need of support. While welcome, it must be recognised that resource from the Troubled Families programme will therefore only address a minority of families in need in Lewisham. Our existing early intervention services will pick up many more families across all agencies

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in Lewisham. Considerable resource is being invested in these families through our Children’s Centres, our Targeted Family Support services and through other means. On 12th September 2012, the Mayor agreed the allocation of the Troubled Families resources. We are ensuring they are used to have maximum impact by aligning that resource with our existing programmes.

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COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Brooks of the Cabinet Member for Customer Services

Question

Since the Mayor scrapped the street wardens, who has been enforcing Lewishams dog control orders ? a) how many written warnings have been given since the order came into effect ? b) how many on the spot fines have been given since the order came into effect ? Please list by ward.

Reply

The Clean Streets Team have been working with Animal Welfare to enforce dog control orders. Our records show that there have been 7 warnings / on the spot fines since the order came into effect. The way the data is collected has prevented these to be listed by ward.

Page 142



COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Brooks of the Deputy Mayor

Question

It has been reported that under the future jobs fund between 2009-10, 60% of the 300 who received a job under this scheme in Lewisham did not return to benefits after their 6 months employment ended. a) Please state how this is known. b) please list the jobs taken and the employers.

Reply

a) In order to receive their Future Jobs Fund (FJF) grant, ‘host organisations’ for FJF employees were required by the Department for Work & Pensions (DWP) to submit a claim form each month. This claim form included details of FJF employees who had left each month, and their ‘destinations’ (e.g. they had found another job; they had returned to claiming benefits; they had started a training course, etc). This information has been used to provide the 60% figure.

b) The destination section of DWP’s claim form only asked host organisations to

confirm if an FJF leaver had 'moved into a non FJF placement job'; it did not ask them to specify whether the job was with them or with another employer. Therefore we do not hold information on the jobs taken or the employers.

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QUESTION No. 69 Written Reply


COUNCIL MEETING

26 SEPTEMBER 2012


Question

How many appeals since May 2011 have there been against decisions by the planning department? Please give the number of appeals and the outcomes of decisions made against refusals from delegated power by officers, by each planning committee and for non-determination. How many appeals are pending. What was the total costs incurred by the planning department in fighting appeals and what costs were award to the Council and against the Council?

Reply

There have been a total of 87 appeals submitted to the Council since May 2011. Of these, the table below shows how many have been dismissed, allowed, allowed in part or are pending a decision. Information is not held on the breakdown of appeal decisions by each committee. The total cost per annum of dealing with appeals is approximately £177,000. Since May 2011, there have been 4 cost awards against the Council which total £10,782.

Dismissed Allowed Part Allowed % allowed in full

Pending

Delegated 33 6 3 14.3% 25

Committee 4 3 0 42.9% 5

Non Determination

3 1 0 25% 4

Page 144



COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Maines of the Cabinet Member for Children & Young People

Question

What is the membership of the "virtual" governing body responsible for looked after children, when were they appointed, has the body met or are all communications "virtual", what frequency do they formally meet and are agendas publicly available.

Reply

The membership of the Management Committee of the Virtual School for Looked after Children includes:

• Elected Members (2)

• Director of Children’s Social Care (1)

• Head of Standards & Achievement (1)

• Service Managers with responsibility for Looked After Children (2)

• Foster Carer representative (1)

• Headteacher (1)

• Looked After Children Participation Manager (1)

• Representatives of Children in Care Council (2)

• Co-opted member (Chair) The Committee was appointed in September 2010 and meet together termly in the Civic Suite. The Terms of Reference are attached.

Page 145

Current members Date of appointment

Councillor Helen Klier September 2010

Councillor Stella Jeffrey July 2012

Ian Smith September 2010

Sue Tipler September 2010

Jo Cross April 2012

John Russell September 2010

Robert Newman September 2010

Sue Roberts September 2010

Lee McDaid September 2010

Trudi McIntosh September 2010

Eric Fiagam September 2010

Peter Walsh (Chair) September 2010

The agendas and minutes of meetings are circulated to members of the Committee and are not publicly available due to the confidential nature of the business of the meeting, as they deal with individual children.

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Virtual School for Looked After Children Management Committee – Terms of Reference 1. PURPOSE The primary responsibility of the Management Committee is to improve the outcomes for Lewisham Looked after Children and the Virtual School for Looked After Children. In particular, the Management Committee would be in a position to act as champions for the education of looked after children and provide strong representation at strategic level on planning and policy developments required and will exercise powers on behalf of Lewisham local authority. The Management Committee also have a responsibility to consider and offer advice on policy and procedural developments and to receive reports from the Head of Access and Support Services. 2. MEMBERSHIP 2.1 The composition of the Management Committee will include:

• Elected Members (2)

• Director of Children’s Social Care (1)

• Head of Standards & Achievement (1)

• Head of Access & Support Services (1)

• Service Managers with responsibility for Looked After Children (2)

• Foster Carer representative (1)

• Headteacher (1)

• Looked After Children Participation Manager (1)

• Representatives of Children in Care Council (2)

• Co-opted members 2.2 The Chair should be elected annually at the first meeting of the Management Committee (in the Autumn Term). 2.3 The membership of the Management Committee should be reviewed annually. 2.5 Meetings of the Management Committee require 50% of the members in post to be quorate. 3. FUNCTIONS The function of the Advisory Committee is to: 3.1 support the work of the Looked After Children Education Team by bringing a multi-agency professional dimension to the consideration of issues; 3.2 raise issues, as need be, with the Strategic Partnership Board, Executive Director, Mayor and Cabinet, Select Committee and others as appropriate; 3.3 champion the education of looked after children; 3.4 receive an annual report from the Head of Access and Support Services and other reports termly as appropriate; 3.5 be responsible for the strategic planning for education services to looked after children; 3.6 to form a view of the achievement and attendance of Lewisham Looked after Children and to set targets and monitor performance in relation to the education of looked after children; 3.7 appoint chair and members of the Management Committee;

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3.8 report to Corporate Parenting group, Strategic Partnership Board and CYP Select Committee; 3.9 exercise corporate responsibility for the education of looked after children. 4. MEETINGS 4.1 The management Committee should meet at least once a term. 4.2 In the event of a serious, urgent issue arising, the Chair of the Committee may call any additional meetings necessary. March 2012

Page 148



COUNCIL MEETING

26 SEPTEMBER 2012

Question by Councillor Maines of the Cabinet Member for Children & Young People

Question

What is the unauthorised absence rate for pupils in Lewisham schools at i) primary level ii) secondary level. What are the comparative absence rates for looked after children in Lewisham Schools ?

Reply

The absence figures for the Spring term 2012, the latest for which data is available, shows that the primary school unauthorised absence rate was 1.0% (against overall attendance of 95.4%) and the secondary unauthorised absence rate was 1.6% (against overall attendance of 94.2%). For Looked After Children of all ages, the figure was 1.5% unauthorised absence for the period 1.4.10 to 31.3.11.

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1 PURPOSE

1.1 The purpose of this report is to present to Council the external auditor’s reports (The Annual Governance Reports or AGRs) on the audit of the council’s 2011/12 accounts and Pension Fund accounts and to obtain members’ approval of the Statement of Accounts for 2011/12 (including the Annual Governance Statement).

1.2 The AGRs are attached to this report, and set out:

“…the findings from the 2011/12 audits…the messages arising from my audit of your financial statements and the results of the work I have undertaken to assess your arrangements to secure value for money in your use of resources.”

1.3 The draft accounts have been on the council’s website since July 2012. In the interests of not printing large amounts of paper unnecessarily copies have not separately been despatched with this agenda, but they are available on request.

2 EXECUTIVE SUMMARY

2.1 As at the date of despatch of this report, the audits were substantially complete and the District Auditor anticipates that unqualified opinions on the financial statements will be issued.

2.2 This report therefore sets out the recommendations necessary to ensure that the statutory requirements are met.

2.3 The AGRs were discussed at the Audit Panel on 19 September 2012.

2.4 The external auditor recommends that Members:

• “Take note of the adjustments to the financial statements which are set out in these reports (i.e. the AGRs)

• Approve the letters of representation, as set out in the reports (i.e. the AGRs), on behalf of the council before I issue my opinion and conclusion

• Agree your response to the proposed action plans.”

COUNCIL

Report Title

2011/12 ACCOUNTS AND EXTERNAL AUDITORS REPORTS

Key Decision

No Item No.

Ward

All

Contributors

EXECUTIVE DIRECTOR FOR RESOURCES AND REGENERATION

Class

Open Date: 26 SEPTEMBER 2012

Agenda Item 7

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2.5 Under the council’s constitution these matters will be for council to determine.

3. RECOMMENDATIONS

3.1 Council are recommended to:

i. Note the adjustments to the financial statements set out in the AGR

ii. Approve the Letter of Representation on behalf of the council

iii. Agree the action plan set out in the AGR

iv. Approve the Annual Governance Statement (AGS)

v. Approve the 2011/12 Statement of Accounts.

4. POLICY CONTEXT 4.1 Completing the audit of the council’s accounts and receiving the auditor’s report

thereon contributes directly to the council’s tenth corporate priority:

• Inspiring efficiency, effectiveness and equity: ensuring efficiency and equity in the delivery of excellent services to meet the needs of the community.

5. DETAIL

5.1 As at the date of despatch of this report, the audits were substantially complete and the District Auditor anticipates that:

“…subject to completion of outstanding audit areas…I plan to issue unqualified opinions on the financial statements and pension fund accounts…” and that “I plan to issue a conclusion that the council’s arrangements for securing economy, efficiency and effectiveness in the use of resources are adequate.”

5.2 By virtue of paragraph 8(3) of the Accounts & Audit Regulations 2011 (“The Regulations”) the council must, by no later than 30 September 2012:

a. Consider either by way of a committee or by the members meeting as a whole the statement of accounts;

b. Following that consideration, approve the statement of accounts by a resolution of that committee or meeting;

c. Ensure that the statement of accounts is signed and dated by the person presiding at the committee or meeting at which that approval was given; and

d. Publish (which must include publication on the body’s website), the statement of accounts together with any certificate, opinion, or report given or made by the auditor under section 9 (general report) of the 1998 Act.

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5.3 The audit panel have already considered the AGRs and officers’ responses to it in detail. A short summary will be provided at the meeting. By considering that summary, Members will have discharged their duty under regulation 8(3)(a).

5.4 The draft accounts have been amended for the agreed findings of the audit. Members should note that one of the recommendations of the auditor was not agreed by officers, and that the Letter of Representation by the Executive Director for Resources and Regeneration and the Chair of Council will be signed accordingly.

5.5 This document has been slightly updated from that considered at the Audit Panel on 20th June 2012 and is attached as an appendix.

5.6 Members are therefore, by recommendation 3.1(v) to this report, recommended to approve the accounts.

5.7 Officers will ensure that the correct protocols for the signature and publication of the accounts are followed, to ensure compliance with the requirements of The Regulations.

6 FINANCIAL IMPLICATIONS

6.1 There are no direct financial implications in agreeing the recommendations in this report.

6.2 The cost of external audit services in respect of 2011/12 was £496,000, including the cost of the audit of the accounts, the certification of grant claims and returns and other external audit services.

7 LEGAL IMPLICATIONS

7.1 The key legal requirements are set out in paragraph 5.2 of this report. By agreeing the recommendations of this report Members will have put in place appropriate authority and arrangements to ensure that these are complied with.

8 EQUALITIES IMPLICATIONS 8.1 There are no equalities implications in this report. 9 CONSULTATION

9.1 The draft accounts have been published, and local electors have been able to exercise their rights to ask questions of the auditor in respect of them, and to inspect accounting records.

10 ENVIRONMENTAL IMPLICATIONS 10.1 There are no environmental implications in this report.

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11 CRIME AND DISORDER IMPLICATIONS 11.1 There are no crime and disorder implications arising from this report.

12 BACKGROUND PAPERS None

Appendices

1 Annual Governance Report (Main Accounts) by the external auditor 2 Annual Governance Report (Pension Fund) by the external auditor 3 Annual Governance Statement

For further information on this report please contact:

Conrad Hall, Head of Business Management and Service Support

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Appendix 1

Draft Annual Governance Statement

1. Scope of responsibility

The London Borough of Lewisham (Lewisham) is responsible for ensuring that its

business is conducted in accordance with the law and proper standards. It must

make certain that public money is safeguarded and properly accounted for, and used

economically, efficiently and effectively. Lewisham also has a duty under the Local

Government Act 1999 to make arrangements to secure continuous improvement in

the way in which its functions are exercised, having regard to a combination of

economy, efficiency and effectiveness.

In discharging this overall responsibility, Lewisham is responsible for putting in place

proper arrangements for the governance of its affairs and facilitating the effective

exercise of its functions, which includes arrangements for the management of risk.

Lewisham has approved and adopted a Local Code of Corporate Governance, which

is consistent with the principles of the CIPFA/SOLACE Framework Delivering Good

Governance in Local Government.

In accordance with paragraph 3.7.4.3 of the Code of Practice on Local Authority

Accounting for 2011/12; it is noted that Lewisham’s financial management

arrangements conform with the governance requirements of the CIPFA Statement on

the Role of the Chief Financial Officer in Local Government (2010) as set out in the

Application Note to Delivering Good Governance in Local Government: Framework.

The Annual Governance Statement (AGS) explains how the authority has complied

with the code and also meets the requirements of regulation the Accounts and Audit

(England) Regulations 2011 in relation to the publication of a statement on internal

control.

2. The purpose of the governance framework

The governance framework comprises the systems and processes, culture and

values, by which the authority is directed and controlled. The framework also governs

the activities through which it accounts to, engages with and leads the community. It

enables the authority to monitor the achievement of its strategic objectives and to

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consider whether those objectives have led to the delivery of appropriate, cost

effective services.

The system of internal control is a significant part of that framework and is designed

to manage risk to a reasonable level. It cannot eliminate all risk or failure to achieve

aims and objectives or compliance with policies and can therefore only provide

reasonable and not absolute assurance of effectiveness. The system of internal

control is based on an ongoing process designed to identify and prioritise the risks to

the achievement of Lewisham’s policies, aims and objectives. It then evaluates the

likelihood of those risks being realised and the impact should they be realised, and

seeks to manage them efficiently, effectively and economically.

The governance framework has been in place at Lewisham for the year ending

31 March 2012 and up to the date of approval of the annual governance statement

and statement of accounts.

The governance framework

A summary of the governance framework

Lewisham’s directly elected Mayor ensures the Council has a clear strategic direction

and effective leadership. The Council benefits from the perspectives and

contributions of 54 Councillors. The Council’s Constitution clearly defines the roles of

Members and Officers, and this clarity contributes to effective working relationships

across the Council.

The Local Code of Corporate Governance and well developed Codes of Conduct for

Members and Officers demand the highest standards of ethical behaviour. These are

reviewed regularly and are communicated widely. A new Member Code of Conduct

was adopted in June 2012 to reflect changes introduced in the Localism Act 2011.

Financial decisions are tied to corporate priorities. The management of risk is

handled at a corporate and directorate level and is overseen by an independently

chaired Internal Control Board. The involvement and contribution made by the

Constitution Working Party, the Standards Committee and the Audit Panel to provide

a check on the Council’s governance arrangements represent constructive and

informative tools to ensure the robustness of the Council’s arrangements.

The Council’s overall vision for the area is shared by its key partners on the

Lewisham Strategic Partnership (LSP) and was developed following extensive

consultation with the community.

The Annual Audit letter of 2009/10, issued by the Audit Commission’s appointed

auditor concluded that the Council was considered to have ‘strong governance

arrangements in place’ and ‘effective risk management systems which are well

integrated across the whole of the council and includes partnership working’.

In its subsequent reporting no governance concerns have been raised.

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In December 2010, the Government introduced the Localism Bill (now the Localism

Act) into Parliament. The Head of Law provided an all party briefing on the Act, and

also provided briefings to the Standards Committee in March and June 2012.

Briefings on the Localism Act have also been provided to the Mayor and Cabinet,

the Executive Management Team and Heads of Service. The Head of Law has also

provided training to staff in specific services such Planning and Housing, where the

Localism Act could have a significant impact as well as briefings on the new Member

Code of Conduct and the revised Constitution.

3. Elements of the governance framework

a) Identifying and communicating the authority’s vision of its purpose and

intended outcomes for citizens and service users

The long-standing vision of the Council is: Together, we will make Lewisham the best

place in London to live, work and learn. This was agreed following extensive

consultation and adopted by the LSP as the vision statement for Lewisham’s first

Community Strategy, launched in 2003. This joint vision is promoted on the

Lewisham website and in Council strategies, which are also published on the

website.

In 2008 the LSP published “Shaping our future: Lewisham’s Sustainable Community

Strategy (SCS) 2008-2020” in line with the recommendations of the Local

Government White Paper, Strong and Prosperous Communities (2006). The

development of the SCS was informed by an extensive programme of consultation,

which identified resident’s aspirations for Lewisham, and which ensured that those

views fed into the six key outcomes for the borough the SCS sets out to achieve.

This development approach was endorsed by the Audit Commission, when they

concluded in their 2009 Area Assessment that “Lewisham’s local strategic

partnership understands the issues of concern to residents very well. Their main

priorities reflect local people’s needs and wishes clearly”.

The Council has an enduring set of 10 corporate priorities. The corporate priorities

set out how the organisation will contribute to the delivery of the SCS. Performance

against the corporate priorities is reviewed every year through the Annual Report and

is also supplemented by the Monthly Management Report. The most recent version

was in August 2012.

Details relating to the Council’s vision, values and priorities are contained on

Lewisham’s website. This ensures that members of the public, citizens and service

users are able to hold the Council to account.

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b) Reviewing the authority’s vision and its implications for the authority’s

governance arrangements

The Lewisham Strategic Partnership is led by the LSP board which is chaired by

Lewisham’s directly-elected Mayor. A series of thematic partnerships work with the

LSP board, each concentrating on a specific set of cross-cutting policy issues. The

thematic partnerships bring together the relevant organisations and individuals to

determine appropriate interventions and to ensure that joint-working results in the

best possible outcomes for citizens and service users. The LSP board and thematic

partnership boards have re-aligned their focus around the six key outcomes set out in

the SCS. The plans which relate to the thematic boards, are monitored on a regular

basis. The monitoring of such plans feeds up to the LSP board and into the wider

monitoring of the SCS.

The Council assessed the implications of change for the Council’s governance

arrangements through the review of the Local Code of Corporate Governance at the

Standards Committee (10th May 2007) and at Council (23rd May 2007). Further

reviews of the Local Code have taken place in 2008, 2009, 2010, 2011 and is

ongoing for 2012. The review of 2009 (reported to Standards Committee on 5th May

2009) recommended that the Local Code be extended to include a new requirement

– in the light of new CIPFA guidance and the Council’s extensive partnership

arrangements – to ensure effective partnership governance and risk management.

Further to this, on an ongoing basis, the work of the Constitution Working Party and

the Internal Control Board addresses governance issues arising out of the Council’s

vision for the area.

c) Measuring the quality of services for users, for ensuring they are delivered in

accordance with the authority’s objectives and for ensuring that they represent

the best use of resources.

In the 2010/11 Annual Audit Letter the Audit Commission concluded that: ‘The

Council challenges the way activities are delivered and explores new ways of

delivering activities. The Council has good arrangements to monitor efficiency

savings and the impact on service quality and provision. It uses the Performance

Plus performance monitoring system to monitor performance. Cabinet and the senior

management team monitor the impact of the savings via regular budget monitoring

reports.’

A review of the Performance Management Framework takes place annually, to

ensure continuous improvement. The Performance Management Framework allows

for robust and structured target setting against national requirements and local

priorities. It also allows the Council, its partners and residents to monitor and

measure the Council’s effectiveness against these national and local performance

indicators.

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Our Monthly Management Report is the centrepiece of our performance reporting

structure. It provides a clear and easy to read analysis of our performance against a

basket of 59 indicators including former national indicators and local measures, and

also includes an executive summary to direct attention to areas of strong

performance as well as areas requiring greater management attention. It is produced

entirely from the Performance Plus (P+) system and is presented monthly to the

Executive Management Team and quarterly to Mayor’s briefing and to the Mayor and

Cabinet.

The Monthly Management Report utilises exception reporting to focus attention on

key areas: exception reporting for red Projects, Risk and Finance and Red and

Green exception reporting for performance. By combining these four areas for each

of our corporate priorities, it functions as the critical tool for supporting decisions

across the organisation. While examining this report, the Executive Management

Team, Mayor and Cabinet and Public Accounts Select Committee challenge all

aspects of performance. The report is also published on the Council’s website, and

so is accessible to members of the general public.

In March 2012, following a review of the Council’s performance management system,

our internal auditor RSM Tenon reported that: ‘Taking account of the issues

identified, in our opinion the Council can take Substantial Assurance that the controls

are relied on to manage this area, as currently laid down and operated, are effective.’

The quality of services for users is also measured through satisfaction surveys and

information from the complaints management and resolution process. The Council’s

complaints procedure is published on the web and has been publicised, through the

Council’s quarterly newsletter – “Lewisham Life” - to all residents of the borough. The

Council has taken active steps to improve its complaints procedure and continues to

use the Council’s complaints management system, iCasework, to record complaints

and feedback. The Council’s website has been updated to provide comprehensive

information relating to complaints. This also includes a fact sheet about the role of

the Independent Adjudicator. The Head of Strategy and Performance for Customer

Services reports annually to the Standards Committee with an update on complaints,

complaints performance is considered annually by Mayor and Cabinet and the Public

Account Select Committee. Further reports are considered monthly at Directorate

Management Team level and quarterly at Executive Management Team and in the

Council's Management Report.

Value for Money (VFM) is integral to Council operations, and the budget strategy is

predicated on ensuring that the Council is delivering good VFM. A Budget Saving

Strategy Group is in place and provides a focus on securing budget savings

(whether this be via improving efficiency, or by the thematic review and re-design of

services or by budget cuts or service cessations). The group was created to focus

on delivering the revenue budget savings which would be needed to ensure the

success of the Budget Strategy.

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The Group comprises, Heads of Strategy and Performance and Group Finance

Managers, plus a representative from Human Resources and Legal Services. The

Group has the remit to review and act as a sounding board for the Budget Strategy,

savings process, saving proposals and the mechanics for ensuring the Council has a

smooth process for delivering savings. The Group is also responsible for annually

reviewing the existing process and suggesting ways to improve it.

In addition to this, the Council is continuing to develop its approach to value for

money through its participation in the Local Authority Performance System (LAPS).

The LAPS tool enables London local authorities to benchmark costs and

performance and develop VFM profiles across a range of service areas.

In the 2010/11 Annual Audit Letter the Audit Commission concluded that:

‘The Council has prioritised its resources within tighter budgets and has secured economy, efficiency and effectiveness, for example by achieving cost reductions and by improving efficiency and productivity.’

d) Defining and documenting the roles and responsibilities of the Executive, non

executive, scrutiny and officer functions, with clear delegation arrangements

and protocols for effective communication

The Council’s Constitution sets out the roles and responsibilities of the Mayor, Chair

of Council, the Council as a whole, the Executive, Overview and Scrutiny

committees, Standards Committees and other committees.

Members follow the required formal procedures when making Council decisions,

which ensure that such decisions are made transparently and openly. There is an

annual programme of regular meetings whereby formal decisions are taken. Every

committee agenda includes as a standard item a section on declarations of interest

by committee members which sets out the legal position in relation to the need to

declare, and on occasion, withdraw from discussion of matters where the member

has a personal interest.

Decisions are taken in accordance with the Council and Mayoral scheme of

delegation as appropriate and these schemes are maintained, kept up to date

and made available to the public as detailed within the Constitution. Decisions are

taken in accordance with the general principles of administrative law and on the basis

of professional advice at all times. Minutes are published and made widely available

through the Lewisham website. All Executive decisions are subject to review by

Overview and Scrutiny business panel and may be called-in in accordance with the

Council’s Constitution. There was one matter called-in (referred to the Mayor for

reconsideration) during the current AGS 2011/12 review period, this was the

prioritisation of transport schemes on June 1st 2011. More recently however, there

have been two call-ins made; the Removal or Governor report in June 2012 and the

Housing Matters Report in July 2012.

The highest standards of ethical conduct are adhered to in order to avoid actual,

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potential and perceived conflicts of interest. The principles of decision making appear

as Article 16 within the Constitution. Each year the Standards Committee receives a

report on Member compliance with the Code of Conduct. In December 2011 the

Standards Committee reported that there has been good compliance with the

Member Code of Conduct. From the 1st July 2012 there will be a requirement for a

new Code of Conduct, preparations have been made during 2011 and 2012 to brief

members of the Standards Committee ahead of this, with the most recent briefing

being given in June 2012.

In achieving accreditation under the London Member Development Charter in April

2008, the Council agreed a range of role descriptors for members according to the

role they fulfil (e.g. executive/community representative/overview and scrutiny etc)

and has put in place a personal development scheme to enhance member capability

in those roles. In preparation for the 2012/13 Member needs development

programme a training needs assessment was carried out. Officers support all

Members in the performance of their various roles and this is detailed in the

Constitution. The roles of the statutory officers are also set out at Article 14 of the

Constitution and in detailed job descriptions. The Schemes of Delegation by both the

Mayor and the Council are appended to the Constitution at Part VIII.

e) Developing, communicating and embedding codes of conduct, defining the

standards of behaviour for members and staff

The Council adopted an amended Member Code of Conduct in July 2010 to comply

with new legal requirements. It complies with all statutory provisions and is appended

to the Constitution at Part V. It appears on the Council’s website, on the intranet and

is well publicised. A comprehensive training programme on the Codes of Conduct is

delivered by the Head of Law (Monitoring Officer) on an on-going basis for members

of the Council. A revised Member Code of Conduct will be in place by July 2012, the

Head of Law has briefed members of the Standards Committee ahead of these

changes.

Monitoring Officer advice is regularly sought by members in relation to potential Code

of Conduct issues. The Standards Committee was consulted on changes to the

Member Code in June 2012. They were also consulted on the review of compliance

with the Members Code of Conduct in December 2011.

The Council has in place an Employee Code of Conduct which complies with all legal

requirements and is appended to the Constitution at Part V. The purpose and content

of the Employee Code of Conduct is communicated frequently and widely.

f) Reviewing and updating standing orders, standing financial instructions, a

scheme of delegation and supporting procedure notes/manuals, which clearly

define how decisions are taken and the processes and controls required to

manage risks

Reviewing and updating standing orders, standing financial instructions

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The Council’s Financial Regulations, Financial Procedures and Directorates’

Scheme of Delegation, are regularly updated and communicated to all relevant staff

and are available on the Council’s intranet. The Financial Regulations, the Schemes

of Delegation and the Financial Procedures were updated and published in

November 2011. The Council’s procedure rules, of which Standing Orders are a part,

are reviewed alongside the Constitution; the Constitution is reviewed on a regular

basis.

Alongside this, the financial awareness rolling training programme for budget holders

continued in 2011/12 and beyond, to ensure that all budget holders have the

necessary skills required to manage budgets effectively.

Scheme of delegation and supporting procedure notes/manuals, which clearly

define how decisions are taken

The Constitution is very clear about the decision making process. It requires that

Members follow formal procedures when making Council decisions, which ensures

that such decisions are made transparently and openly. There is an annual

programme of regular meetings whereby formal decisions are taken. Committee

reports are produced by officers in a standard format to ensure that authors address

all significant considerations such as the legal and financial implications of decisions,

equalities issues, environmental issues and a crime and disorder assessment.

Every committee agenda includes as a standard item a section on declarations of

interest by committee members which sets out the legal position in relation to the

need to declare, and on occasion, withdraw from discussion of matters where the

member has a personal interest. The principles of decision making appear as Article

16 within the Constitution.

There is a well embedded agenda planning process and a requirement for reports to

be signed off by senior officers. Decisions are taken in accordance with the Council

and Mayoral scheme of delegation as appropriate and these schemes are

maintained, kept up to date and made available to the public as detailed within the

Constitution.

The Constitution requires Executive decisions to be published within two working

days of being taken, and sent to all Members of the Council where possible by

electronic means. Minutes are published and made publicly available on the

Lewisham website. All Executive decisions may be called-in by the Overview and

Scrutiny Business Panel in accordance with the Council’s Constitution.

The Constitution provides for the Council to have a Constitution Working Party

(CWP) to advise it on the operation of its constitutional arrangements. In practice,

the procedure rules set out in the Constitution are under constant review to reflect

changing needs. In 2011/12 reports to Council have included a Parliamentary

Boundary Review, a Polling District review, the creation of a Positive Ageing Council,

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and the confirmation of a statutory Scrutiny Officer. The Constitution has been

updated to reflect these new responsibilities.

In October 2011 the Chief Executive, Barry Quirk, the Head of Law, Kath Nicholson

and the Executive Director for Resources, Janet Senior provided training on decision

making within the Local Authority. The training was delivered to Group Managers,

Head of Services and other relevant staff who undertake decisions within the

organisation.

Maintaining an adequate and effective system of internal audit The Account and Audit (England) Regulations 2011, require the Council to undertake

an adequate and effective internal audit of its accounting records and of its system of

internal control. The role of internal audit is to provide an independent and objective

opinion on the control environment within the Council. Internal audit work is

undertaken in accordance with the CIPFA Internal Audit Code of Practice for Internal

Audit in Local Authorities 2006 (the code).

The work of internal audit is set out in an annual internal audit plan that covers the

key financial systems, schools, and the operational activities where Internal Audit and

management perceive there are risks to achieving operational objectives. The work

of internal audit also supports the work of the Council’s External Auditor who reviews

their work in detail to satisfy themselves the work of internal audit can be relied upon.

The Council’s governance, risk and control management arrangements are subject to

annual independent review by the Audit Commission, the Council’s external auditors.

In order to provide assurance on our risk management framework, a ‘risk maturity

thematic review’ of risk management across the Council was again commissioned

from our internal audit service providers, which reported in May 2012. The

conclusion of the review is that the Council has maintained its ‘managed’ approach to

risk, which is the second highest of their five potential categories for the assessment.

For each audit where controls have been analysed, Internal Audit issues an

assurance statement which indicates the level of assurance that management can

place on the adequacy and effectiveness of the internal controls. For 2011/12, four

levels of assurance were used: Two positive levels, ‘substantial’ and ‘satisfactory’

assurance; and two negative levels, ‘limited’ and ‘no assurance’. In each report

Internal Audit may also make control improvement recommendations, rated High,

Medium or Low.

For 2011/12 89 assurance reviews were undertaken. Of the 81 of these finalised by

end July and for which an opinion on internal controls was issued 11% (7% in

2010/11) were issued with a negative level of assurance, including two ‘no

assurance’ opinions. Where a negative or no assurance opinion has been issued

remedial action is being undertaken by managers and monitored by Audit Panel and

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ICB. In respect of the total number of recommendations made from all the reviews in

the year; 8% were high (4% in 2010-11) and 48% medium (58% in 2010/11).

The 16 key financial systems are fundamental to the operation of the Council, so it is

important that these systems have robust internal control mechanisms and operate

effectively. The Head of Audit and Risk confirmed that, with one exception, all of

these systems have been issued with a positive assurance level for 2011/12. In all

but three cases these systems have either maintained or improved their assurance

level on 2010/11. Recommendations have been made to strengthen internal control

for the three systems where the assurance opinion was lower this year than last;

Council Tax, Payroll and Debtors. All three retained their positive assurance opinion

in 2011/12. Payments to Residential and Domiciliary Care Service Providers system

received a limited assurance opinion in 2011/12. The internal control

recommendations raised were in respect of compliance with controls, not the controls

themselves. These recommendations will be addressed by management and

followed-up by internal audit in 2012/13.

In the 2010/11 Annual Audit Letter the Audit Commission concluded that the Council:

‘has robust systems and processes to manage effectively financial risks and

opportunities and secure a stable financial position’.

The processes and controls required to manage risks

The Accounts and Audit (England) Regulations 2011 highlight the Council’s

responsibility for ensuring it has in place a sound system of internal control which

includes arrangements for the management of risk.

There is a robust risk strategy and framework, reviewed and updated in 2010/11, in

place to manage risks. All services must maintain an operational risk register aligned

to their service plan objectives. Risks are recorded and reported using the Council’s

main performance management system – Performance Plus. The risk registers

record significant risks and score them in terms of impact and likelihood. Target

scores are set and mitigation actions identified and monitored.

Directorate risk registers are considered in detail at least quarterly at Directorate

Management Teams. Key risks within the directorate and corporate risk registers are

then subject to quarterly reviews by the Risk Management Working Party and the

Internal Control Board. The Internal Control Board is chaired by an independent ‘non

executive’ person (Bill Roots, a former London local authority Chief Executive) and

comprises the Executive Management Team, Head of Law (Monitoring Officer), Head

of Audit and Risk and Group Manager for Insurance and Risk. Risks are updated

quarterly and are tracked through the monthly Management Report which

summarises key risks and mitigation actions taken.

The focus on risk in the Management Report was reviewed in 2011/12 to include a

statement on the risk environment for each priority as well as the risks with a ‘red’

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rating being reported. In addition, for both corporate and directorate risks any

significant variances against target are reported.

Risk Management is embedded within the Council’s approach to programme and

project management. Project risks are regularly reviewed by Project Review Groups

and Corporate Project Board. Risks for the whole capital programme are reviewed

and updated quarterly. Members are involved in scrutinising risks with updates of the

Capital Programme considered regularly by Public Accounts Select Committee and

reported to Mayor & Cabinet.

In addition for 2011/12 to support better decision making, with the significant savings

proposals considered and agreed by members specific attention was given to

identifying and assessing the key risks for each proposal submitted as part of the

budget setting process.

g) Undertaking the core functions of an audit committee, as identified in CIPFA’s

Audit Committees – Practical Guidance for Local Authorities

The Audit Panel is made up of six elected members and up to four independent

advisors and meets at least quarterly. A key role of the panel is to review and

comment on the strategy, plans and resources of Internal Audit. Internal Audit update

reports are received by the panel on a quarterly basis, summarising the audit reports

issued, management’s progress on implementing internal audit recommendations,

and the performance of the Internal Audit function. Update reports on the activities of

the Anti-fraud and Corruption Team are also received by the panel on a quarterly

basis. The panel receive the annual report of the Council’s Head of Audit and Risk.

The panel consider and monitor the effectiveness of the Council’s risk management

arrangements, the control environment and associated anti-fraud and anti-corruption

arrangements. In terms of external assurance, the panel consider the external

auditor’s Annual Plan, other relevant external reports which contribute to the level of

assurance. The panel monitors management action in response to issues raised by

internal and external audit, and significant issues identified by these are included in

the action plan appended to this statement.

The panel also consider the Council’s annual Statement of Accounts and this

Statement and makes comments on those to the meeting of the Full Council that

considers the accounts.

h) Ensuring compliance with relevant laws and regulations, internal policies and

procedures, and that expenditure is lawful

The duties of the Head of Law (Monitoring Officer) are defined in the Constitution.

The Monitoring Officer attends Mayor and Cabinet and Full Council meetings and

regularly briefs EMT, Members and relevant staff on corporate legislative

developments. In 2012, the Head of Law briefed EMT, Members and relevant staff

on the Localism Act and the possible impact that it could have on the organisation.

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The Head of Law has also briefed EMT, Members and relevant staff on the Bribery

Act 2010, which came into force on 1st July 2011.

Legal advice is incorporated in every report and advice on proper process is a

regular feature of that. Where gaps or non-compliance are identified, appropriate

action is taken (e.g. in response to Freedom of Information compliance issues,

alternative procedural arrangements were put in place to enhance performance).

Reports do not proceed unless robust legal implications on all matters have been

considered and are included in the report. Experienced professional legal staff are

employed by the Council.

The financial management of the authority is conducted in accordance with financial

regulations set out in the Constitution. The Council has designated the Executive

Director of Resources as Chief Finance Officer in accordance with Section 151 of the

Local Government Act 1972 and to discharge the responsibilities under Section 114

of the Local Government Act 1998 and Sections 25-28 of the Local Government Act

2003 in relation to the Chief Financial Officer’s statutory duties. The Chief Finance

Officer advises on the proper administration of the Council’s financial affairs, keeping

proper financial records and maintaining effective systems of financial control. These

duties are reflected in the job description of the Executive Director for Resources

which are set out at Article 14 of the Constitution. Financial implications are included

in all committee reports and form an integral part of the information needed to aid the

decision making process.

The Pensions Investment Committee has agreed a Governance Policy Statement

which sets out how the Committee exercises its fiduciary duty to members of the

Pension Fund. The Committee’s governance arrangements include the appointment

of an independent Custodian Bank responsible for the safe custody of the Fund’s

assets, the appointment of an independent investment advisor, independent actuary

and investment consultant, Hymans Robertson. The Committee will review its

Statement of Investment Principles in accordance with the CIPFA’s Pensions Panel

Principles of Investment decision making.

i) Whistle-blowing and procedures for receiving and investigating complaints

from the public

The Council has a whistle-blowing policy in place which is widely publicised on the

Council’s website and in ‘Lewisham Life’. Complaints made under this policy are

handled by the Head of Law (Monitoring Officer). An annual review is considered by

the Standards Committee (this most recently happened in March 2012).

j) Identifying the development needs of members and senior officers in relation

to their strategic roles, supported by appropriate training

The overall aim of the Members’ Development Programme is to ensure that all

members have access to the training and development opportunities they need to

fulfil their responsibilities to the local community and provide clear leadership and

effective scrutiny of local Council functions. For 2011-12 a general member

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development programme has been completed. This comprised member briefings,

specific training events and targeted support as appropriate.

This is recognised as best practice and feedback from members indicates the

programme has helped them considerably in carrying out their roles.’

The Head of Personnel and Development has responsibility for the development

needs of senior officers. The Monitoring Officer also plays a key role in ensuring that

senior officers are aware of their statutory duties and changes in legislation. At the

start of the financial year the Chief Executive defines objectives for each of the

Executive Directors. These are then cascaded to officers throughout the organisation

through the Performance Evaluation Scheme.

k) Establishing clear channels of communication with all sections of the

community and other stakeholders, ensuring accountability and encouraging

open consultation

Lewisham has an open and outward facing culture that is clearly focussed on the

needs of our residents and facilitated by an exceptionally strong and diverse

approach to engagement and consultation.

The Council’s engagement activity is overseen by the Strategy Performance and

Communications Board. The Board operates at Executive Director level and provides

a strategic steer on the communication and consultation agendas within the Council.

It is supported by its subsidiary, the Consultation Steering Group, which draws

representation from across the Council and supports effective resident engagement

at an operational level.

These arrangements are underpinned by the Council’s Framework for Engagement

(2009-2012). This sets in place shared principles for engagement, which were also

agreed at a partnership level through the Stronger Communities Partnership.

In support of this, and to provide increased channels through which citizens are

engaged, the Council continues to promote e-Participation by implementing a new

online engagement system. This system provides the platform through which citizens

can respond to online consultations as well as set up and respond to e-Petitions.

Other channels of engagement include the 18 ward-level Area Assemblies which

came into operation in 2008 and are open to anybody living or working in the ward,

and the Young Citizens Panel which enables any young person aged 11-18 years

either living or studying in the borough to join.

The Audit Commission awarded Lewisham a “green flag” for community engagement

and empowerment of local people, in their 2009 Area Assessment. They concluded

that ‘empowering and involving local people is at the heart of the way public sector

partnerships work in Lewisham to improve the area as a place to live. Partners have

an excellent track record of involving local people, including those who are less likely

to be active in the local community.’

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l) Incorporating good governance arrangements in respect of partnerships and

other group working as identified by the Audit Commission’s report on the

governance of partnerships, and reflecting these in the authority’s overall

governance arrangements

The Council acts in a number of partnerships with a view to improving the quality of

life for local people. These partnerships take a variety of forms, from large scale

contracting, as in the case of the Building Schools for the Future programme, to

strategic alliances such as the Lewisham Strategic Partnership (LSP). The Council

has used the Audit Commission report on the governance of partnerships to provide

a framework to assess its arrangements in relation to partnership working.

As a first stage in that process, the Head of Law (Monitoring Officer) conducted an

exercise in relation to several of the most significant partnerships in the borough and

reported those findings to the Internal Control Board. In February 2009, a detailed

audit of all of the Council’s major partnerships and contractual arrangements was

reported to the EMT and to ICB. In response, EMT required all Directorates to

consider partnership governance arrangements, and particularly the business

continuity arrangements of those partnerships, as a standing item at Directorate

Management Team meetings. In November 2009, the Chief Executive presented a

paper to ICB which assessed the main risks to the partnerships within each of

Lewisham’s six Sustainable Community Strategy priority themes.

As part of the review of the Local Code in 2009 the Standards Committee accepted a

recommendation to extend the Code to include a provision to ensure that the Council

has robust and effective mechanisms to ensure partnerships are effectively governed

and that partnership risks are identified and managed.

In November 2009, Standards Committee considered a new “Standards in

Partnership” protocol that has been developed by Standards for England. Adherence

to this protocol is intended to ensure that the aims of the partnership can be fulfilled

effectively and the public can have confidence in the operation of the partnership.

The Standards Committee made a recommendation to refer this partnership protocol

to the LSP, where it was considered in December 2009. The LSP reviewed its Terms

of Reference and Code of Conduct in 2010 in order to reflect the good practice set

out in the new Standards for England partnership protocol.

4. Review of effectiveness

Lewisham has responsibility for conducting, at least annually, a review of the

effectiveness of its governance framework including the system of internal control.

The review of effectiveness is informed by the work of executive managers within the

authority who have responsibility for the development and maintenance of the

governance environment, the Head of Internal Audit and Risk’s annual report, and

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also by comments made by the external auditors and other review agencies and

inspectorates.

The process by which the governance framework has been maintained and reviewed

is widespread. It occurs throughout the year and at year end. On an ongoing basis,

throughout the year, it has involved the following:

� Consideration by Internal Control Board of governance issues – including risk

registers, counter-fraud updates and internal audit reports.

� The Head of Audit and Risk prepares a rolling plan of audit coverage to be

achieved in the forthcoming year, based in primarily on an assessment of the

Council’s risk profile. The plan is reviewed by the Internal Control Board.

� The Audit Panel receives the Internal Audit Strategy and approves the annual

audit plan.

� The Audit Panel receives the annual assurance report from the Head of Audit &

Risk which set out his opinion on the Council’s overall control environment.

� The Audit Panel reports on its work to the Public Accounts Select Committee

twice a year.

� Executive Management Team (EMT) consider a full range of governance issues

throughout the year, including issues relating to the improvement of the Internal

Audit Service. EMT scrutinise performance and risk regularly and ensure

management action where necessary.

� The Standards Committee considered the efficiency of the Council’s complaints

handling system and the effectiveness of the Whistle Blowing Policy. In June

2012 it considered the review of the Council’s Code of Corporate Governance,

and in December 2011 it reviewed Member compliance with the Member Code

of Conduct.

� The Independent Remuneration Panel made recommendations to the Council

about the accountability and effectiveness of Members.

� An Executive Remuneration Panel was established and the Pay Policy

Statement endorsed by full Council (March 2012).

� Consideration of external audit reports conducted in year by Mayor and Cabinet,

Audit Panel and relevant Select Committees.

� Constitution Working Party considered the Ethical Framework (Localism Act

2011) and endorsed the retention of a formal Standards Committee.

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At year end, the review of the effectiveness of the governance framework is

conducted under the auspices of the Chief Executive by a team of officers

consisting of:

� Kath Nicholson: Head of Law and Monitoring Officer

� Troy Robinson: Standards & Education Law Advisor

� Barrie Neal: Head of Corporate Policy and Governance

� David Austin: Interim Head of Audit and Risk

� Annabel Saunders: Principal Policy Officer

� Paul Aladenika: Head of Policy & Partnerships

The AGS working party have met regularly since March 2008. Officers have been

drawn from across the council to represent key areas of expertise in governance and

internal control matters. The terms of reference for the group are as follows:

� To provide expertise in the development of the AGS on governance and internal

control matters

� To analyse CIPFA/SOLACE guidance in relation to the development of the

Annual Governance Statement

� To collate evidence from across the organisation relating to CIPFA/SOLACE

guidance

� To evaluate evidence collated and identify areas for action

� To compile an action plan of significant governance issues

� To develop the Annual Governance Statement to be incorporated in the

Statement of Accounts on an annual basis

� To ensure that the AGS is signed off appropriately through the council’s key

control mechanisms: Internal Control Board (including EMT members), Audit

Panel and Full Council

� To review the Annual Governance Statement and arrangements for governance

and internal control throughout the year

The process by which the governance provisions are reviewed at year end includes:

� The consideration by ICB (EMT members) on the 3 September 2012 of a draft

Annual Governance Statement. This year no significant gaps or governance

issues have been identified, as such the action plan outlined in Appendix 2

outlines instead significant areas of governance focus needed to maintain an

effective governance framework.

� Preparation of the Accounts and the Head of Audit and Risk’s Annual Report

and consideration of these and the Annual Governance Statement by the

Council’s Audit Panel on 20th June 2012.

� A review of the Council’s Local Code of Corporate Governance by the Standards

Committee on the 6th June 2012, with reference to CIPFA/Solace Guidance.

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� Referral of the Annual Governance Statement to full Council with the Statement

of Accounts, and advice from Audit Panel on the 26th September 2012.

� Sign off by the Chair of the Council and Chief Executive, once approved.

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5. Significant governance focus

In addition to the action taken to deal with governance during the course of 2011/12,

as outlined in section 3 of this statement, we propose to take steps over the coming

year (2012/13) to continue to maintain and improve governance within Lewisham.

Appendix 2 outlines the areas of significant governance focus in Lewisham, as well

as progress to date and next steps. These actions have been selected due to their

importance in maintaining an effective governance framework and have been agreed

by the Internal Control Board.

We intend to monitor their implementation, operation and effectiveness as part of our

next annual review. To do this regularly throughout 2012/13 it is proposed that the

officer team dealing with governance arrangements meet quarterly and report on

progress to the Internal Control Board and/or Audit Panel on relevant issues.

Signed:

………..................……………………………………………………………………

Leading Member (or equivalent) & Chief Executive (or equivalent) on

behalf of [the authority]

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Appendix 2: Action Plan Update 2012/13

1. Governance Action:

Legislative Change – Ensure compliance with new and forthcoming legislation

Desired Outcomes

Lewisham is compliant with all legislation including new and forthcoming changes

Timescales March 2013

Lead Officer Head of Law

Notes Context & existing arrangements: The duties of the Head of Law (Monitoring Officer) are defined in the Constitution. As part of these duties the Monitoring Officer attends Mayor and Cabinet and Full Council meetings and regularly briefs EMT, Members and relevant staff on corporate legislative developments. The Monitoring Officer and Executive Directors accept responsibility for compliance with new legislation. Legal advice is incorporated in every report and advice on proper process is a regular feature of that. Reports do not proceed unless robust legal implications on all matters have been considered and are included in the report. Experienced professional legal staff are employed by the Council to support with this and wider legal matters. Progress to date: Examples of progress over the past quarter include the following:

• briefings by the Head of Law have been done for all members , EMT , Service Head and Legal Services on implications of the Localism Act 2011;

• report to full Council on the new ethical framework and adoption of new Member Code of Conduct;

• briefing to all members on the revised Member Code of Conduct;

• phased redrafting the Constitution to reflect changes introduced by Localism Act 2011;

• Healthier Communities Select Committee received a briefing on the Health and Social Care Act 2012;

• briefing and discussion at EMT on Community Right to Challenge;

• report to members on Community Right to Challenge;

• report to Mayor & Cabinet on meeting the Decent Homes Standards and the provision of sufficient housing, and;

• report to Mayor & Cabinet on changes to allocations and tenancies post Localism Act 2011.

Next steps:

• report to Constitution Working Party on constitutional amendments following internal review and Localism Act 2011 changes;

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• report to Council on adoption of revised Constitution;

• further consideration on Community Right to Challenge;

• implement procedures for Assets of Community Value;

• assess impact of anticipated Regulations in relation to Access to Information and Health Scrutiny functions, and;

• preparation for transfer of public health functions; • in August 2012 the Government introduced new access to

information regulations to be effective from 10th September this year. A report is to be considered by the Council's Constitution Working Party on 6th September with a view to recommending changes to the Council's Constitution at its September meeting to reflect the new law;

• the Head of Law is conducting an officer briefing also on 6th September to inform those involved in report writing of the new requirements for access to information. A member briefing will follow.

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2. Governance Action

Procurement Strategy – Development and Implementation of an updated Procurement Strategy

Desired Outcomes

The Council is compliant with the revised procurement strategy including all new legislation

Timescales December 2012

Lead Officer Procurement Strategy Manager

Notes Context & existing arrangements:

The Procurement team works within European Union and UK legislation related to Public Procurement Regulations; and internally to Lewisham Council‘s Contract Procedure Rules included within the Constitution. The Council’s procurement function maintains a strategic overview of corporate procurement activity and ensures that contracts and purchasing arrangements are carried out in line with legal requirements and the Council’s policies and procedures. The procurement function also:

• provides advice, guidance and training on all aspects of the Council’s contractual procedures and contractual and purchasing arrangements including the review of draft committee reports, and;

• undertakes contractor/service provider appraisals, tender evaluation and contract negotiations.

Progress to date:

• legal advice has been gained regarding new and anticipated legislation that will be reflected within the revised strategy, this is namely the Localism Act 2011 and the Public Services (Social Value) Act 2012;

• the Procurement Team have been actively assisting client colleagues in meeting the Council’s requirement to include social considerations in contracts, which has been achieved by the acceptance of paying the London Living Wage over an increased number of contracts;

• the Code of Practice for Contractors, Suppliers and Service Providers has also been amended to include the use of contracting activity to increase the number of apprenticeships, use of local labour and local businesses;

• a draft strategy has been produced and is being consulted on by colleagues, and;

• the contract procedure rules have been revised within the new Constitution (to be agreed in September 2012).

Next steps: The draft strategy is to be revised in light of comments from colleagues and a final draft is to be presented to the Commissioning and Procurement Board in September.

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Multi-agency Governance – Maintain effective multi-agency governance and partnership working

Desired Outcomes

Delivery of the priorities within the Sustainable Community Strategy (2008 -2020)


Lead Officer Strategic Partnership Manager

Notes

Context & existing arrangements: The Lewisham Strategic Partnership (LSP) brings together representatives from Lewisham’s public, private, voluntary and community sector organisations. The LSP Board coordinates partnership activity in Lewisham and brings together representatives from Lewisham’s public, private, voluntary and community sectors to set the overarching vision for the borough and to provide a partnership framework which will ensure that this vision is realised. The Shadow Health and Wellbeing Board is the newest thematic partnership having been formed in 2011 (ahead of statutory requirements to have this board in place by April 2013). Progress to date:

• an LSP meeting was held in May 2012 to discuss the future role and work programme for the partnership;

• formal terms of reference for the Shadow Health and Wellbeing Board have been developed, and;

• membership of the Shadow Health and Wellbeing Board has been detailed within the new Constitution (due to be signed off on the 26th September 2012 by Full Council).

Next steps:

• following the meeting in May, the Mayor has requested that a paper be drafted outlining the different options, relating to the future role and work programme of the LSP. This options paper will be used to agree any future changes to the partnership structure, and;

• the formality of the Health and Wellbeing Board.

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4.Governance Action:

Internal Control - Maintain robust risk management arrangements

Desired Outcomes

Foreseeable risks are anticipated with mitigations and controls in place and complied with to minimise the impact on service delivery and the wider Council (financial or reputational) in the event of a risk materialising.


Lead Officer Head of Audit & Risk

Notes Context & existing arrangements:

The management of risk is handled at a corporate and directorate level and is overseen by an independently chaired Internal Control Board. The involvement and contribution made by the Constitution Working Party, the Standards Committee and the Audit Panel also provide a check on the Council’s governance arrangements and risk mitigation work. In addition to this the Council also has systems in place to manage business continuity, health and safety (H&S), anti-fraud and corruption and information management.

Progress to date:

In 2011/12 the actions for improvement identified at the Internal Control Board were implemented. This included strengthening the focus and reporting to Internal Control Board on risk and internal control matters, significant business continuity testing and preparation in advance of the Olympics/ Paralympics, launch of a mandatory training programme in respect of information asset safeguarding, and preparations for strengthening compliance arrangements.

Next steps:

• deliver the full planned core systems and risk based (including lessons learnt from cases of fraud) internal audit programme for the financial year;

• complete the refresh and re-launch of all H&S procedures online supported by a full year’s H&S training programme to raise H&S awareness and skills;

• continue to strengthen the framework around information management by updating policies to meet requirements of Transparency Agenda and proposed Freedoms Bill, delivering training and monitoring compliance with good practice, and;

• assess and prepare for the operational impact(s) (immediate or medium term) on internal control arrangements from the integration of health services taken on by the Council.

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Performance Management - Maintain effective and robust performance management arrangements

Desired Outcomes

Performance management arrangements are a robust and transparent indication of the Council’s performance


Lead Officer Head of Corporate Policy & Governance

Notes Context & existing arrangements: The monthly Management Report is the centrepiece of Lewisham’s performance reporting structure. It provides performance analysis against a basket of 59 indicators including an executive summary to direct attention to areas of strong performance as well as areas requiring greater management attention. The management report is presented monthly to the Executive Management Team and quarterly to Mayor’s briefing and Mayor & Cabinet. It is also available on the Council website. The Report brings together performance indicators, risk entities, finance data and information on major projects into one overarching document. The production of the monthly Management Report is supported by Directorate Management Teams, which convene performance meetings to directly monitor and address performance for which they are responsible.

Progress to date: Following the review of current performance indicators a revised basket of indicators will be presented in the August 2012 report, including some newly introduced indicators. Progress continues to be reported against individual and aggregate performance measures (by Council priorities). The Council is also inputting into the Local Authority Performance System (led by London Councils) and LG Inform (led by the Local Government Association).

Next Steps: Over the next year the performance management framework will be reviewed and revised accordingly to ensure continuous improvement of arrangements.

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Ensure that the financial management of the Local Authority is conducted in accordance with the Council’s statutory and financial obligations

Desired Outcomes

• improve the quality of auditable grant claims;

• close the council’s financial accounts on time, and;

• accounts are produced on time and without significant issues arising from external audit.

Timescales June 2012, October 2012 and December 2012 respectively

Lead Officer Head of Business Management & Service Support

Notes Context & existing arrangements: The financial management of the authority is conducted in accordance with financial regulations set out in the Constitution. The Council has designated the Executive Director of Resources as Chief Finance Officer. The Chief Finance Officer advises on the proper administration of the Council’s financial affairs, keeping proper financial records and maintaining effective systems of financial control. These duties are reflected in the job description of the Executive Director for Resources and Regeneration which are set out at Article 14 of the Constitution. Financial implications are included in all committee reports and form an integral part of the information needed to aid the decision making process. The Council’s Financial Regulations, Financial Procedures and Directorates’ Scheme of Delegation, are regularly updated and communicated to all relevant staff and are available on the Council’s intranet. Progress to date: Closing timetable prepared and significantly shorter than last year, allowing for extra focus on key risk areas. Training provided to all finance staff to enable them to understand audit requirements better and hence how to prepare improved working papers. Next steps:

• complete the audit of 2011/12 accounts to be presented to Full Council on the 26th September 2012, and;

• prepare transition to new auditors from 1 November 2012.

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Business as Usual - Maintain robust control over the business as usual during the economic downturn and public sector cuts

Desired Outcomes

Public Welfare (social, economic and environmental wellbeing of Lewisham)


Lead Officer Annual Governance Statement Working Party

Notes Context & existing arrangements: The Executive Management Team (EMT) continue to receive reports on the economic situation and it’s impact on related areas including employment, housing and health. EMT are also addressing the demographic pressures on school rolls. Progress to date: The Council is addressing issues of unemployment, the implementation of the Health and Social Care Act, housing needs and the significant increase in demand on school places through discrete initiatives relating to:

• apprenticeships – which has seen 152 young people benefit to date (plus 63 new apprentices due to start in September). To date 20 new companies have provided expressions of interest for the October 2012 intake;

• Mayor and Cabinet has agreed a wide ranging programme of housing investment to respond to increased demand and new financial circumstances, including new and improved council homes and sheltered housing;

• the preparation for the transfer of Public Health functions to the Council, the establishment of the Shadow Health and Wellbeing Board, the Clinical Commissioners Group Pathfinder and the successful Council/Lewisham LINK bid to become a Healthwatch Pathfinder, and;

• the programme to secure sufficient school places continues through a programme of permanent expansions and temporary enlargements. A new Framework agreement has been established for the procurement of buildings and building modifications.

Next steps:

• recruitment for the 4th cohort of the apprenticeship program (starting October 2012);

• develop a comprehensive NEETs strategy for 12-24 year olds;

• delivery of the housing matters programme, which will include building 250 new council homes in the next five years, a programme of improvements for existing sheltered care housing and a new extra care housing scheme, and a conversation with residents about their priorities and the potential of new investment and ownership models, and;

• ongoing work to progress the Health and Social Care Act and its implications to ensure appropriate arrangements are in place before April 2013. This includes: the transition of public health functions and resources to the Council; the Commissioning of a local Healthwatch organisation; the

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procurement of an advocacy service for health complaints; establishing the statutory Health and Wellbeing Board and producing a Health and Wellbeing Strategy, and supporting the authorisation of Lewisham’s Clinical Commissioning Group, and;

• to continue to carry out places planning in order to cater for the additional school places that will be needed.

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ss; in

pa

rtic

ula

r th

e s

ign

ific

an

t a

rea

s t

ha

t I

am

co

mp

letin

g a

ud

it w

ork

is o

n:

!

Ba

nk r

eco

ncili

atio

ns,

!

Pro

pe

rty p

lan

t a

nd

eq

uip

me

nt,

!

Inco

me

an

d e

xp

en

ditu

re s

am

ple

te

stin

g,

!

Gro

up

acco

un

ts.

Su

bje

ct

to c

om

ple

tio

n o

f o

uts

tan

din

g a

ud

it a

rea

s, a

nd

ba

se

d u

po

n t

he

wo

rk t

o d

ate

, I p

lan

to

issue

an

un

qu

alif

ied

op

inio

n o

n t

he

fin

ancia

l sta

tem

en

ts.

Ap

pe

nd

ix 1

co

nta

ins a

co

py o

f m

y d

raft

re

po

rt.

Fo

r 2

01

0/1

1,

Lo

ca

l a

uth

ori

tie

s f

or

the

fir

st

tim

e p

rep

are

d t

he

ir a

cco

un

ts u

nd

er

Inte

rna

tio

na

l F

ina

ncia

l R

ep

ort

ing

Sta

nd

ard

s.

La

rge

r m

ore

co

mp

lex

au

tho

ritie

s, su

ch

as L

B L

ew

ish

am

, fo

un

d t

he

tra

nsitio

n t

o I

FR

S c

ha

llen

gin

g b

eca

use o

f th

e s

ca

le o

f a

ctivitie

s th

ey n

ee

de

d t

o u

nd

ert

ake

. T

he

dra

ft

20

11

/12

fin

an

cia

l sta

tem

en

ts s

ub

mitte

d t

o a

ud

it a

t th

e e

nd

of Ju

ne

20

12

an

d t

he

wo

rkin

g p

ap

ers

pro

vid

ed

to

su

pp

ort

th

e e

ntr

ies in

th

e a

cco

un

ts w

ere

a s

ign

ific

an

t im

pro

ve

me

nt

fro

m 2

01

0/1

1,

alth

ou

gh t

he

re is s

till

sco

pe

fo

r im

pro

ve

me

nt.

My a

ud

it t

estin

g id

en

tified

err

ors

, o

the

r th

an

th

ose

of

a c

lea

rly t

rivia

l n

atu

re,

an

d I

re

po

rte

d t

he

se

to

ma

na

ge

me

nt.

Th

e a

dju

ste

d a

me

nd

me

nts

to

th

e

acco

un

ts a

re d

eta

iled

in a

pp

en

dix

3.

Ma

na

ge

me

nt

ha

s n

ot

ad

juste

d t

he

fin

an

cia

l sta

tem

en

ts f

or

the

err

ors

id

en

tifie

d in

app

en

dix

2.

I w

ou

ld t

he

refo

re a

sk y

ou

to

co

nsid

er

wh

eth

er

to a

dju

st

the

fin

an

cia

l sta

tem

en

ts f

or

the

err

ors

. If

yo

u d

ecid

e n

ot

to d

o s

o,

ple

ase

te

ll m

e w

hy in

th

e le

tte

r of

rep

rese

nta

tio

n,

a d

raft

of

wh

ich

is in

ap

pe

nd

ix 4

.

Page 183

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

4

I id

en

tifie

d th

e f

ollo

win

g s

ign

ific

an

t w

ea

kn

esses in

in

tern

al con

tro

l d

uri

ng

th

e a

ud

it t

ha

t a

re r

ele

va

nt

to p

rep

ari

ng

th

e f

ina

ncia

l sta

tem

en

ts:

!

Th

e a

sse

t re

gis

ter

did

not

co

nta

in a

ll th

e t

ran

sa

ctio

ns t

ha

t h

ad t

ake

n p

lace d

uri

ng

th

e f

ina

ncia

l ye

ar

an

d d

id n

ot a

gre

e w

ith

th

e p

rop

ert

y p

lan

t a

nd

eq

uip

me

nt

fig

ure

s in

th

e fin

an

cia

l sta

tem

en

ts.

Th

e a

sse

t re

gis

ter

reco

ncili

atio

n t

o t

he

fin

an

cia

l sta

tem

en

ts is b

ase

d o

n n

et b

oo

k v

alu

e n

ot

gro

ss

bo

ok v

alu

es.

!

Th

e C

ou

ncil

wa

s n

ot

ab

le t

o p

rovid

e c

om

ple

te a

nd

tim

ely

ba

nk a

cco

un

t re

co

ncili

atio

ns f

or

so

me

of

its b

an

k a

cco

un

ts a

nd

do

es n

ot

ha

ve

in

pla

ce

an

eff

ective

co

ntr

ol to

dete

ct

ma

teri

al b

an

k e

rro

rs o

r fr

au

d.

My t

ea

m a

re w

ork

ing

with

off

ice

rs t

o c

om

ple

te a

ll o

uts

tan

din

g t

estin

g.

Sh

ou

ld a

ny f

urt

he

r m

att

ers

ari

se

in

co

nclu

din

g t

he

outs

tan

din

g w

ork

th

at

ne

ed

to

be

re

po

rte

d,

I w

ill r

ais

e th

em

with

th

e E

xe

cu

tive

Dir

ecto

r o

f R

eso

urc

es a

nd

Re

ge

ne

ratio

n a

nd

the

Ch

air

of

the

Au

dit P

an

el.

I w

ou

ld lik

e to

th

an

k t

he

Fin

an

ce

te

am

fo

r th

eir

co

op

era

tio

n d

uri

ng

th

e a

ud

it o

f th

is y

ea

r’s a

cco

un

ts a

nd

lo

ok fo

rwa

rd t

o c

on

tin

uin

g t

o w

ork

with

off

ice

rs

in 2

01

2/1

3.

Va

lue

fo

r m

on

ey (

VF

M)

I e

xp

ect

to c

on

clu

de

th

at yo

u h

ave

ma

de

pro

pe

r a

rra

ng

em

en

ts t

o s

ecu

re e

co

no

my,

eff

icie

ncy a

nd

eff

ective

ne

ss in

yo

ur

use

of

reso

urc

es.

Ce

rtif

ica

te

No

ma

tte

rs h

ave

be

en

bro

ug

ht

to m

y a

tte

ntio

n r

eq

uir

ing

me

to

co

nsid

er

exe

rcis

ing

my f

orm

al sta

tuto

ry p

ow

ers

so

I p

lan

to

issu

e a

n a

udit c

losu

re

ce

rtific

ate

with

my a

ud

it o

pin

ion

.

Page 184

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

5

Be

fore

I g

ive

my

op

inio

n a

nd

c

on

clu

sio

nM

y r

ep

ort

in

clu

des o

nly

matt

ers

of

go

vern

an

ce in

tere

st

that

have c

om

e t

o m

y a

tten

tio

n in

perf

orm

ing

my a

ud

it. I h

ave n

ot

desig

ned

my a

ud

it t

o id

en

tify

all m

att

ers

th

at

mig

ht

be r

ele

van

t

to y

ou

.

Ind

ep

en

de

nc

e

I ca

n c

on

firm

th

at

I h

ave

co

mp

lied

with

th

e A

ud

itin

g P

ractice

s B

oa

rd's

eth

ica

l sta

nda

rds f

or

au

dito

rs,

inclu

din

g E

S 1

(re

vis

ed

) –

In

tegrity

, O

bje

ctivity

an

d I

nd

ep

end

en

ce

.

I a

m n

ot

aw

are

of

an

y r

ela

tio

nsh

ips th

at

ma

y a

ffe

ct

the

in

dep

en

de

nce

an

d o

bje

ctivity o

f th

e A

ud

it C

om

mis

sio

n,

the

au

dit te

am

or

me

, th

at

I a

m

req

uir

ed

by a

ud

itin

g a

nd e

thic

al sta

nd

ard

s t

o r

epo

rt t

o y

ou

.

Th

e A

ud

it C

om

mis

sio

n's

Au

dit P

ractice

ha

s n

ot

un

de

rta

ke

n a

ny n

on

-au

dit w

ork

fo

r th

e A

uth

ori

ty d

uri

ng

20

10

/12

.

I a

sk

th

e A

ud

it P

an

el

to:

!

take

no

te o

f th

e a

dju

stm

en

ts t

o t

he

fin

an

cia

l sta

tem

en

ts in

clu

de

d in

th

is r

ep

ort

(a

pp

en

dic

es 2

and

3);

!

ap

pro

ve

th

e le

tte

r o

f re

pre

se

nta

tio

n (

ap

pe

nd

ix 4

), o

n b

eh

alf o

f th

e A

uth

ori

ty b

efo

re I

issu

e m

y o

pin

ion

an

d c

onclu

sio

n; a

nd

!

ag

ree

yo

ur

resp

on

se

to

th

e p

rop

ose

d a

ctio

n p

lan

(a

pp

en

dix

6).

Page 185

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

6

Fin

an

cia

l s

tate

me

nts

T

he A

uth

ori

ty’s

fin

an

cia

l sta

tem

en

ts a

nd

an

nu

al g

overn

an

ce s

tate

men

t are

im

po

rtan

t m

ean

s b

y

wh

ich

th

e A

uth

ori

ty a

cco

un

ts f

or

its s

tew

ard

sh

ip o

f p

ub

lic f

un

ds. A

s e

lecte

d M

em

bers

yo

u h

ave

fin

al re

sp

on

sib

ilit

y f

or

these s

tate

men

ts. It

is im

po

rtan

t th

at

yo

u c

on

sid

er

my f

ind

ing

s b

efo

re

yo

u a

do

pt

the f

inan

cia

l sta

tem

en

ts a

nd

th

e a

nn

ual g

overn

an

ce s

tate

men

t.

Op

inio

n o

n t

he

fin

an

cia

l s

tate

me

nts

My a

ud

it is s

ub

sta

ntia

lly c

om

ple

te a

nd

su

bje

ct

to s

atisfa

cto

ry c

lea

ran

ce

of o

uts

tan

din

g m

att

ers

, I

pla

n t

o issu

e a

n a

ud

it r

epo

rt in

clu

din

g a

n u

nq

ua

lifie

d

op

inio

n o

n th

e f

ina

ncia

l sta

tem

en

ts.

Ap

pe

nd

ix 1

co

nta

ins a

co

py o

f m

y d

raft

au

dit r

epo

rt.

Un

co

rre

cte

d e

rro

rs

As s

ho

wn

in a

pp

en

dix

2 I

id

en

tifie

d m

issta

tem

en

ts d

uri

ng

my a

ud

it,

bu

t m

an

ag

em

en

t h

as n

ot

ad

juste

d t

he

fin

an

cia

l sta

tem

en

ts.

I b

rin

g t

he

m t

o y

ou

r

att

en

tio

n t

o h

elp

yo

u in

fu

lfill

ing

yo

ur

go

ve

rna

nce

re

sp

on

sib

ilitie

s a

nd

ask y

ou

to

co

rre

ct

the

se

mis

sta

tem

en

ts.

If y

ou

de

cid

e n

ot

to a

me

nd

, p

lea

se

te

ll

me

wh

y in

th

e r

ep

rese

nta

tio

n le

tte

r. T

he

se

ad

justm

en

ts r

ela

te t

o t

he

acco

un

tin

g t

rea

tme

nt

of

the

gu

ara

nte

e p

rovid

ed

to

Le

wis

ha

m H

om

es r

eg

ard

ing

pe

nsio

n c

osts

.

Co

rre

cte

d e

rro

rs

Bo

th t

he

nu

mb

er

an

d t

he

siz

e o

f e

rro

rs a

re s

ign

ific

an

tly r

ed

uce

d c

om

pa

red

with

20

10

/11

an

d t

his

wa

s c

om

bin

ed

with

an

im

pro

ve

me

nt

in t

he

qu

alit

y

an

d t

ime

line

ss o

f w

ork

ing

pa

pe

rs.

At

the

10

Se

pte

mb

er

20

12

, m

an

ag

em

en

t h

as a

gre

ed

to

ad

just

the

fin

an

cia

l sta

tem

en

ts f

or

the

err

ors

id

en

tifie

d in

ap

pe

nd

ix 3

. T

he

se

ad

justm

en

ts in

clu

de

:

!

the

fo

rme

r T

ide

mill

sch

oo

l site

bein

g t

ran

sfe

rre

d to

su

rplu

s a

sse

ts o

f £

8.5

m;

!

two

in

ve

stm

en

ts o

f £

10

.2m

we

re in

co

rre

ctly in

clu

de

d in

ca

sh

an

d c

ash

eq

uiv

ale

nts

; a

nd

!

pa

ym

en

ts m

ad

e in

Ma

rch

20

12

of

£13

.6m

we

re in

co

rre

ctly a

dju

ste

d t

o t

rea

t a

s a

20

12

/13

tra

nsa

ctio

n.

Th

is h

as o

ccu

rre

d d

ue

to

th

e s

ign

ific

an

t

we

akn

esse

s r

ep

ort

ed

to

yo

u r

eg

ard

ing

ba

nk r

econ

cili

atio

ns in t

ab

le 2

.

Page 186

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

7

Oth

er

am

en

dm

en

ts w

ere

ma

de

by t

he

Co

un

cil.

Th

ese

did

no

t h

ave

a s

ign

ific

an

t im

pa

ct

up

on

the

fin

an

cia

l sta

tem

en

ts a

nd

are

su

mm

ari

se

d o

n p

ag

e

15

: o

the

r m

att

ers

Sig

nif

ica

nt

ris

ks

an

d m

y f

ind

ing

s

I re

po

rte

d t

o y

ou

in

my J

un

e 2

01

2 A

ud

it P

lan

th

e s

ign

ific

an

t risks t

ha

t I id

en

tifie

d r

ele

va

nt

to m

y a

ud

it o

f yo

ur

fin

an

cia

l sta

tem

en

ts.

In t

ab

le 1

I r

ep

ort

to

yo

u m

y f

ind

ing

s a

ga

inst e

ach

of

the

se

ris

ks.

Ta

ble

1:

Ris

ks

an

d f

ind

ing

s

Ris

kF

ind

ing

He

rita

ge

As

se

ts

Th

e 2

01

1/1

2 I

FR

S C

od

e a

do

pts

th

e r

eq

uir

em

en

ts o

f F

RS

30

He

rita

ge

Asse

ts f

or

the

fir

st

tim

e.

The

se

are

asse

ts h

eld

by t

he

co

un

cil

with

th

e in

ten

tio

n o

f p

rese

rvin

g t

he

m f

or

futu

re g

en

era

tio

ns

be

ca

use

of

the

ir c

ultu

ral, e

nvir

on

me

nta

l o

r h

isto

rica

l a

ssocia

tio

ns.

Typ

ica

l e

xa

mp

les in

lo

ca

l g

ove

rnm

en

t in

clu

de

me

mo

ria

ls,

ma

yo

ral

reg

alia

an

d p

ain

tin

gs.

Th

e s

tan

da

rd r

eq

uir

es t

ha

t w

he

re in

form

atio

n

on

co

st

or

va

lue

is a

va

ilab

le,

he

rita

ge

asse

ts m

ust

be

re

po

rte

d o

n t

he

Co

un

cil’

s b

ala

nce

sh

ee

t a

nd

acco

un

ted

fo

r in

acco

rda

nce

with

th

e

Co

de

an

d its

dis

clo

su

re r

eq

uir

em

en

ts.

Th

ere

is a

ris

k t

ha

t d

ue

to

th

e

difficu

lty in

id

en

tify

ing

an

d v

alu

ing

he

rita

ge

assets

, th

is c

ha

ng

e in

acco

un

tin

g p

olic

y m

ay n

ot

be

im

ple

me

nte

d c

orr

ectly.

I e

va

lua

ted

th

e d

esig

n a

nd

im

ple

me

nta

tio

n o

f con

tro

ls t

o id

en

tify

an

d v

alu

e

ma

teri

al h

eri

tag

e a

sse

ts. I

ha

ve

pe

rfo

rme

d s

ub

sta

ntive

pro

ce

du

res t

o s

atisfy

myse

lf t

ha

t yo

u h

ave

re

co

gn

ise

d,

va

lue

d a

nd

dis

clo

se

d m

ate

ria

l h

eri

tage

asse

ts in

yo

ur

fin

an

cia

l sta

tem

en

ts.

Th

e C

ou

ncil

ma

de

an

am

en

dm

en

t to

dis

clo

se

ad

ditio

na

l in

form

atio

n.

My t

estin

g h

as n

ot

ide

ntifie

d a

ny s

ign

ific

an

t

issu

es to

bri

ng

to

yo

ur

att

en

tio

n

Va

lua

tio

n o

f p

rop

ert

y,

pla

nt

an

d e

qu

ipm

en

t (P

PE

)

Th

e C

ou

ncil

is r

eq

uir

ed

to

va

lue

PP

E a

t fa

ir v

alu

e (

with

so

me

exce

ptio

ns).

Th

ere

is a

ris

k t

ha

t th

e v

alu

atio

n r

epo

rte

d in

th

e fin

an

cia

l

sta

tem

en

ts w

ill b

e m

ate

ria

lly m

issta

ted

du

e t

o t

he

fa

ct

tha

t th

e

va

lua

tio

n is a

n e

stim

ate

. A

s s

uch

, th

e f

igu

res a

re in

he

ren

tly

su

bje

ctive

an

d t

he

mo

ne

tary

va

lue

s p

rese

nte

d c

an

me

an

th

at

eve

n

rela

tive

ly m

od

est

ch

an

ge

s in

th

e a

ssu

mp

tio

ns a

nd

va

ria

ble

s

info

rmin

g t

he

va

lua

tio

n c

an

ha

ve

a m

ate

ria

l im

pa

ct

on

th

e f

ina

ncia

l

sta

tem

en

ts.

I h

ave

ca

rrie

d o

ut

pro

ce

du

res t

o e

nsure

th

e c

orr

ect

acco

un

ting

of

the

reva

lua

tio

n o

f P

PE

asse

ts a

nd

HR

A d

we

llin

gs.

Sp

ecific

ally

, I h

ave

:

!

revie

we

d M

an

ag

em

en

t’s c

on

tro

ls w

he

n u

sin

g t

he

Bo

rou

gh

va

lue

r to

ca

rry o

ut

the

va

lua

tio

ns;

!

un

de

rta

ke

n a

ud

it p

roce

du

res f

or

relia

nce

on

th

e w

ork

of

the

Bo

rou

gh

va

lue

r;

!

revie

we

d r

eco

ncili

atio

ns b

etw

ee

n t

he

asse

t re

gis

ter

an

d v

alu

atio

n

rep

ort

s;

Page 187

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

8

Ris

kF

ind

ing

Ho

us

ing

Re

ve

nu

e A

cc

ou

nt

– R

ev

alu

ati

on

of

HR

A D

we

llin

gs

Th

e v

alu

e o

f th

e h

ou

sin

g s

tock is o

ne o

f th

e m

ost

sig

nific

an

t

ba

lan

ce

s o

n t

he

Ba

lan

ce S

he

et.

Th

e H

ou

sin

g R

eve

nu

e A

cco

un

t

(Acco

un

tin

g P

ractice

s)

Dir

ectio

n 2

011

re

qu

ire

s a

uth

ori

tie

s t

o u

se

th

e

sp

ecific

ba

se

s a

nd

me

tho

ds o

f va

lua

tio

n s

et

ou

t in

th

e

Sto

ck

Va

lua

tio

n f

or

Re

so

urc

e A

cco

un

tin

g –

Gu

ida

nce

fo

r V

alu

ers

issu

ed

by

CLG

.

Th

e v

alu

e o

f th

e a

uth

ori

ty’s

ho

usin

g s

tock m

ay b

e m

ate

ria

lly

mis

sta

ted

as a

co

nse

que

nce

of

the

Co

un

cil

faili

ng

to

co

mp

ly w

ith

th

e

gu

ida

nce

wh

en

pre

pa

rin

g H

RA

asse

t va

lua

tio

ns.

Th

is p

art

icu

larl

y

rele

va

nt

to t

he

Co

un

cil

as t

he

re a

re a

nu

mb

er

of

Ho

usin

g a

nd

reg

en

era

tion

sch

em

es w

he

re p

rop

ert

ies w

ith

in e

sta

tes a

re b

ein

g

de

ca

nte

d a

nd

re

de

ve

lop

ed

wh

ich

im

pa

cts

on

th

e v

alu

atio

n o

f

pro

pe

rtie

s o

n e

sta

tes s

uch

as:

!

Ke

nd

er

esta

te

!

He

ath

sid

e a

nd

Le

thb

rid

ge

esta

tes

!

Ca

tfo

rd t

ow

n c

en

tre

(M

ilfo

rd t

ow

ers

esta

te)

!

teste

d v

alu

atio

ns c

alc

ula

tio

ns a

nd

asso

cia

ted

dep

recia

tio

n c

alc

ula

tio

ns;

an

d

!

revie

we

d t

he

me

tho

do

log

y u

se

d b

y t

he

Bo

rou

gh

Va

lue

r fo

r th

e K

en

de

r,

He

ath

sid

e, L

eth

bri

dg

e a

nd

Milf

ord

To

we

rs e

sta

tes.

My t

estin

g h

as n

ot

ide

ntifie

d a

ny s

ign

ific

an

t is

sue

s t

o b

rin

g to

yo

ur

att

en

tio

n

exce

pt

for

the

co

rre

ct

err

or

sh

ow

n in

ap

pe

nd

ix 3

re

latin

g t

o t

he

fo

rme

r

Tid

em

ill s

ch

oo

l. T

he

re w

ere

als

o m

ate

ria

l d

isclo

su

re c

ha

ng

es w

ith

in t

he

PP

E

no

te t

ha

t d

id n

ot

imp

act

on

th

e b

ala

nce

sh

ee

t figu

res a

t th

e y

ea

r-e

nd

.

Clo

su

re a

nd

tra

ns

fer

of

Lib

rari

es

In M

ay 2

01

1 t

he

Co

un

cil

ce

ase

d t

o o

pe

rate

th

e lib

rari

es a

t

Bla

ckh

ea

th, S

yd

en

ha

m,

Cro

fto

n P

ark

, G

rove

Pa

rk a

nd

Ne

w C

ross

libra

rie

s.

Th

ere

ma

y b

e a

ris

k t

hat

the

Co

un

cil

ha

s in

co

rrectly a

cco

un

ted

or

dis

clo

se

d t

he

se

lib

rari

es w

ith

in t

he

fin

an

cia

l sta

tem

en

ts b

eca

use

th

e

form

er

co

un

cil

libra

rie

s a

re n

ow

be

ing

op

era

ted

by t

hir

d p

art

ies.

He

nce

th

e C

ou

ncil

ne

eds t

o e

sta

blis

h if

the

rig

hts

an

d o

blig

atio

ns

ha

ve

tra

nsfe

rre

d t

o t

he

th

ird

pa

rty r

eq

uir

ing

th

e C

ou

ncil

to

de

reco

gn

ise t

he

asse

ts fro

m t

he

ba

lan

ce

sh

ee

t.

Th

e C

ou

ncil

ha

s k

ep

t th

e a

sse

ts o

n th

e b

ala

nce

sh

ee

t. M

y t

estin

g h

as n

ot

ide

ntifie

d a

ny s

ign

ific

an

t is

su

es to

bri

ng

to

yo

ur

att

en

tio

n.

Page 188

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

9

Ris

kF

ind

ing

Ac

ad

em

y S

ch

oo

ls

In m

ost

local a

uth

ori

ties s

ch

oo

ls a

re m

an

ag

ed

th

rou

gh

a v

ari

ety

of

go

ve

rna

nce

arr

an

ge

me

nts

. T

he

diffe

ren

ce

is t

hose

arr

an

ge

me

nts

ha

ve

im

plic

atio

ns f

or

the

acco

un

tin

g tre

atm

en

t. D

uri

ng

th

e y

ea

r th

e

Co

un

cil

ha

s h

ad

sch

oo

ls t

ran

sfe

rrin

g t

o A

ca

de

my s

tatu

s a

nd

re

qu

ire

de

reco

gn

isin

g f

rom

th

e C

ou

ncils

ba

lan

ce

sh

ee

t. T

he

re m

ay b

e r

isk

tha

t th

e C

ou

ncil

ha

s in

corr

ectly a

ccou

nte

d f

or

or

wro

ng

ly d

isclo

se

d

ne

w a

ca

de

my s

ch

oo

ls w

ith

in t

he

fin

an

cia

l sta

tem

en

ts.

I h

ave

ca

rrie

d o

ut

pro

ce

du

res t

o e

nsure

co

rre

ct

acco

un

tin

g o

f A

ca

de

my

sch

oo

ls. S

pe

cific

ally

, I

ha

ve

:

!

eva

lua

ted

ma

na

ge

me

nt

co

ntr

ols

.

!

teste

d t

he

dis

clo

su

res in

th

e f

ina

ncia

l sta

tem

en

ts;

!

teste

d t

he

va

lue

of

assets

an

d lia

bili

tie

s d

ere

co

gn

ise

d t

o t

he

un

de

rlyin

g

reco

rds;

My t

estin

g h

as n

ot

ide

ntifie

d a

ny s

ign

ific

an

t is

sue

s t

o b

rin

g to

yo

ur

att

en

tio

n.

Bu

ild

ing

sc

ho

ols

fo

r th

e f

utu

re (

PF

I)

Th

e C

ou

ncil

co

ntin

ue

s w

ith

th

e B

SF

pro

gra

mm

e a

nd

du

rin

g th

e y

ea

r

sch

em

es w

ere

ap

pro

ve

d o

r e

xp

en

ditu

re c

on

tin

ued

on

th

e f

ollo

win

g

sch

oo

ls:

!

De

ptf

ord

Gre

en

!

Ad

de

y a

nd

Sta

nh

op

e

!

Pre

nd

erg

ast

Va

le C

olle

ge

!

Bo

nu

s P

asto

r

!

a n

ew

AS

D s

ch

oo

l

!

Pre

nd

erg

ast

Hill

yfie

lds

Th

ere

is a

ris

k t

ha

t th

e fin

an

cia

l sta

tem

en

ts m

ay b

e m

ate

ria

lly

mis

sta

ted

as a

co

nse

que

nce

of

the

Co

un

cil

faili

ng

to

acco

un

t fo

r

tra

nsa

ctio

ns r

ela

tin

g t

o th

ese

sch

em

es.

As p

lan

ne

d I c

arr

ied

ou

t e

arl

y w

ork

in

th

is a

rea

wh

ich

wa

s c

om

ple

ted

be

fore

the

dra

ft f

inan

cia

l sta

tem

en

ts w

ere

pre

pa

red

at

the

en

d o

f Ju

ne

20

12

.

I e

va

lua

ted

th

e d

esig

n a

nd

im

ple

me

nta

tio

n o

f con

tro

ls a

nd

I p

erf

orm

ed

pro

ce

du

res to

te

st

the

:

!

dis

clo

su

res in

th

e f

ina

ncia

l sta

tem

en

ts t

o e

nsu

re th

at

the

y a

re c

on

sis

ten

t

with

th

e f

inan

cia

l m

od

el;

!

revie

w a

ny e

xte

rna

l fin

an

cia

l a

dvic

e o

n t

he

PF

I sch

em

e

!

va

lue

of

asse

ts a

nd

lia

bili

tie

s r

eco

gn

ise

d t

o t

he

un

de

rlyin

g r

eco

rds;

to s

atisfy

myse

lf t

ha

t yo

ur

fin

an

cia

l sta

tem

en

ts a

re m

ate

ria

lly s

tate

d in

resp

ect

of

yo

ur

dis

clo

sure

of

Bu

ildin

g s

ch

oo

ls f

or

the

fu

ture

.

My t

estin

g h

as n

ot

ide

ntifie

d a

ny s

ign

ific

an

t is

sue

s t

o b

rin

g to

yo

ur

att

en

tio

n.

Str

ee

t L

igh

tin

g (

Ne

w P

FI

sc

he

me

)

Th

e C

ou

ncil

ha

s a

jo

int P

FI

sch

em

e w

ith

th

e L

on

do

n B

oro

ug

h o

f

Cro

yd

on

fo

r th

e p

rovis

ion

of

str

ee

t lig

htin

g f

or

the

tw

o b

oro

ug

hs.

Th

e

co

ntr

act

co

ve

rs t

he

re

pla

ce

me

nt

of

exis

tin

g s

tre

et

ligh

ts a

nd

th

e

futu

re m

ain

ten

an

ce

. T

his

co

uld

le

ad t

o m

ate

ria

l e

rro

rs in

th

e f

ina

ncia

l

sta

tem

en

ts.

As a

bo

ve

My t

estin

g h

as n

ot

ide

ntifie

d a

ny s

ign

ific

an

t is

sue

s t

o b

rin

g to

yo

ur

att

en

tio

n.

Page 189

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

0

Ris

kF

ind

ing

Imp

lem

en

tati

on

of

new

fin

an

cia

l s

ys

tem

s (

As

se

t re

gis

ter

an

d

Pa

yro

ll s

ys

tem

)

Th

ere

is a

ris

k t

ha

t fin

ancia

l in

form

atio

n is n

ot

mig

rate

d c

om

ple

tely

or

accu

rate

ly f

rom

th

e n

ew

syste

ms a

nd

th

at

the

new

syste

ms a

re n

ot

op

era

tin

g e

ffe

ctive

ly.

Th

is c

ou

ld le

ad t

o m

ate

ria

l e

rro

rs in

th

e

fin

an

cia

l sta

tem

en

ts.

I e

va

lua

ted

th

e d

esig

n a

nd

im

ple

me

nta

tio

n o

f con

tro

ls t

o

!

revie

w m

an

ag

em

en

t o

ve

rsig

ht

of

che

ckin

g o

f o

pe

nin

g b

ala

nce

s in

th

e

ne

w s

yste

m a

gre

e t

o c

losin

g b

ala

nce

s in

old

syste

m

!

revie

w m

an

ag

em

en

t o

ve

rsig

ht

of

che

ckin

g t

he

op

era

tio

na

l e

ffe

ctive

ne

ss

of

the

ne

w s

yste

ms

an

d I

pe

rfo

rme

d p

roce

du

res t

o e

nsure

th

e s

yste

m h

as m

igra

ted

co

mp

lete

ly

an

d is o

pe

ratin

g e

ffe

ctive

ly.

to s

atisfy

myse

lf t

ha

t yo

ur

fin

an

cia

l sta

tem

ents

are

ma

teri

ally

sta

ted

in

re

sp

ect

of

yo

ur

dis

clo

su

re f

or

pa

yro

ll a

nd

pro

pe

rty

pla

nt

an

d e

qu

ipm

en

t.

My t

estin

g h

as id

en

tifie

d s

ign

ific

an

t is

su

es t

o b

rin

g t

o y

ou

r a

tte

ntio

n:

!

Pro

pe

rty P

lan

t a

nd

Eq

uip

me

nt:

th

e a

sse

t re

gis

ter

did

no

t re

flect

all

the

tra

nsa

ctio

ns t

ha

t h

ad

ta

ke

n p

lace

du

rin

g t

he

fin

ancia

l ye

ar

and

did

no

t

pro

vid

e a

cle

ar

an

d c

om

pre

he

nsiv

e a

ud

it t

rail

to th

e f

ina

ncia

l sta

tem

en

ts.

In p

art

icu

lar

it d

id n

ot

inclu

de

:

!

£6

6.1

m c

ap

ita

l e

xp

en

ditu

re (

ad

ditio

ns)

!

£3

8.7

m t

ran

sfe

rs

!

£2

1.3

m I

mp

air

me

nts

!

£6

.2m

dis

po

sa

ls

Ad

ditio

na

lly m

y a

ud

it id

en

tifie

d t

ha

t th

ere

we

re a

nu

mb

er

of

ma

teri

al

dis

clo

su

re c

ha

ng

es r

eq

uir

ed

with

in th

e P

rop

ert

y P

lan

t a

nd

Eq

uip

me

nt

no

te.

!

Pa

yro

ll: r

eco

rds o

f th

e m

igra

tio

n o

f fina

ncia

l in

form

atio

n f

rom

th

e o

ld

pa

yro

ll syste

m t

o t

he

ne

w s

yste

ms w

ere

no

t ke

pt

by t

he

Co

un

cil

Th

e C

ou

ncil

sh

ou

ld c

onsid

er

ha

vin

g m

on

thly

re

turn

s f

rom

de

pa

rtm

en

ts t

o

co

nfirm

th

e s

taff

esta

blis

hm

en

t lis

t to

th

e p

ayro

ll syste

m.

I h

ad

to

ca

rry o

ut

ad

ditio

na

l p

roce

du

res t

o o

bta

in a

de

qu

ate

aud

it e

vid

en

ce t

o

sa

tisfy

myse

lf t

ha

t yo

ur

fin

an

cia

l sta

tem

en

ts a

re m

ate

ria

lly c

orr

ect

in r

esp

ect

of

pro

pe

rty p

lan

t a

nd

equ

ipm

en

t a

nd

pa

yro

ll.

Page 190

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

1

Ris

kF

ind

ing

Ho

us

ing

Re

ve

nu

e A

cc

ou

nt

(HR

A)

refo

rm

Th

e g

ove

rnm

en

t h

as r

efo

rme

d lo

ca

l a

uth

ori

ty h

ou

sin

g f

ina

nce

by

ad

op

tin

g a

se

lf-f

ina

ncin

g m

od

el fr

om

1 A

pri

l 2

01

2.

Th

is w

as th

rou

gh

a o

ne

-off

se

ttle

me

nt

pa

ym

en

t o

f £

13

6m

fro

m c

en

tra

l g

ove

rnm

en

t in

Ma

rch

20

12

. T

his

will

cha

ng

e t

he

HR

A d

eb

t o

f th

e A

uth

ori

ty.

Pa

ym

en

t fr

om

th

e g

ove

rnm

en

t h

as b

ee

n u

se

d t

o r

ed

ee

m a

n e

qu

al

pe

rce

nta

ge

of

PW

LB

de

bt

he

ld b

y t

he

Au

tho

rity

. D

ue

to

th

e

co

mp

lexity,

ma

gn

itu

de

an

d t

imin

g o

f th

e H

RA

re

form

th

ere

is r

isk t

ha

t

the

fin

an

cia

l sta

tem

en

ts w

ill b

e m

ate

ria

lly m

issta

ted

.

I ca

rrie

d o

ut p

roce

du

res to

sa

tisfy

myse

lf t

ha

t th

e fin

an

cia

l sta

tem

en

ts a

re

ma

teri

ally

sta

ted

in

re

spe

ct

of

the

HR

A r

efo

rm.

Sp

ecific

ally

, I:

!

revie

we

d o

f m

an

ag

em

en

t o

ve

rsig

ht

of

tra

nsa

ctio

ns r

eq

uir

ed

by t

he

Co

un

cil;

!

ag

ree

d s

ett

lem

en

t p

aym

en

t fr

om

ce

ntr

al g

ove

rnm

en

t to

th

e a

mo

un

t

sp

ecifie

d in

th

e S

ett

lem

en

t P

aym

en

ts D

ete

rmin

atio

n 2

01

2;

!

ch

ecke

d t

hat

the

se

ttle

me

nt

tra

nsa

ctio

n h

as b

ee

n a

cco

un

ted

fo

r in

lin

e

with

th

e r

eq

uir

em

en

ts o

f C

IPF

A g

uid

an

ce

;

!

ag

ree

d d

eta

ils o

f lo

an

red

em

ptio

ns t

o s

up

po

rtin

g d

ocu

me

nta

tio

n

!

Re

-pe

rfo

rme

d c

alc

ula

tion

s s

up

po

rtin

g ite

m 8

de

bit a

nd

ite

m 8

cre

dit t

o

the

HR

A.

My t

estin

g h

as n

ot

ide

ntifie

d a

ny s

ign

ific

an

t is

sue

s t

o b

rin

g to

yo

ur

att

en

tio

n.

Pre

pa

rati

on

of

fin

an

cia

l s

tate

me

nts

an

d w

ork

ing

pa

pe

rs

In 2

01

0/1

1 th

e a

ud

it o

pin

ion

wa

s d

ela

ye

d d

ue

to

th

e v

olu

me

of

err

ors

ari

sin

g a

s a

re

su

lt o

f p

oor

pre

pa

ration

of

the

fin

an

cia

l sta

tem

en

ts a

nd

wo

rkin

g p

ap

ers

. In

pa

rtic

ula

r.

!

Ou

r re

vie

w o

f th

e f

ina

ncia

l sta

tem

ents

hig

hlig

hte

d s

ign

ific

an

t

nu

mb

ers

of

ari

thm

etic,

co

nsis

tency a

nd

re

fere

ncin

g e

rro

rs.

Am

en

dm

en

ts w

ere

ma

de

to

th

e m

ost

sig

nific

an

t ite

ms.

!

Th

ere

we

re in

sta

nce

s w

he

re t

he

Co

un

cil

did

not p

rovid

e d

eta

iled

wo

rkin

g p

ap

ers

un

til th

e la

ter

sta

ge

s o

f th

e f

ina

ncia

l a

ud

it.

Exa

mp

les o

f th

ese

we

re N

on

Cu

rre

nt

asse

ts,

Inve

stm

en

ts,

PF

I.

!

Th

e C

ou

ncil

ha

s h

ad

se

rio

us p

rob

lem

s in

pre

vio

us y

ea

rs

pro

du

cin

g a

n a

ccu

rate

, tim

ely

Ca

sh

flo

w s

tate

me

nt,

su

pp

ort

ed

by

wo

rkin

g p

ap

ers

.

!

In p

revio

us y

ea

rs t

he

Co

un

cil

ha

s n

ot

be

en

ab

le t

o p

rod

uce

tim

ely

an

d a

ccu

rate

Who

le o

f G

ove

rnm

en

t A

cco

un

ts in

ord

er

to

ach

ieve

th

e d

ea

dlin

e.

My t

ea

m h

eld

re

gu

lar

me

etin

gs t

o lia

ise

with

off

ice

rs r

eg

ard

ing

th

e C

ou

ncil’

s

clo

se

do

wn

arr

an

ge

me

nts

. T

he

re h

as b

ee

n a

sig

nific

an

t im

pro

ve

me

nt

in t

he

qu

alit

y o

f th

e f

ina

ncia

l sta

tem

en

ts t

ha

t w

ere

pre

se

nte

d t

o m

e f

or

au

dit a

nd in

su

pp

ort

ing

wo

rkin

g p

ap

ers

. A

s a

con

se

qu

en

ce

th

e d

ela

ys in c

arr

yin

g o

ut

my

wo

rk a

nd

th

e n

um

be

r o

f e

rro

rs t

ha

t I h

ave

id

en

tifie

d d

uri

ng

the

au

dit h

ave

falle

n.

Th

e f

ina

ncia

l sta

tem

en

ts w

ere

pre

se

nte

d t

o m

e o

n t

ime

an

d t

he

re w

ere

ve

ry

few

ari

thm

etic,

co

nsis

tency a

nd

re

fere

ncin

g e

rro

rs.

Th

ere

wa

s a

sig

nific

an

t im

pro

ve

me

nt

in t

his

are

a. T

he

re w

ere

so

me

de

lays

in t

he

pro

vis

ion

of

wo

rkin

g p

ap

ers

for

ba

nk r

eco

ncili

atio

ns,

deb

tors

an

d

cre

dito

rs,

Th

is w

ea

kne

ss h

as b

een

ad

dre

sse

d.

Th

is w

ea

kne

ss h

as b

een

ad

dre

sse

d.

Page 191

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

2

Ris

kF

ind

ing

Th

ere

is a

ris

k t

o t

he

op

inio

n t

ha

t th

e a

cco

un

ts w

ill n

ot

be

pre

pa

red

to

a g

oo

d s

tand

ard

with

com

pre

he

nsiv

e w

ork

ing

pa

pe

rs f

or

each

are

a.

Sig

nif

ica

nt

we

ak

ne

ss

es

in

in

tern

al

co

ntr

ol

It is t

he

re

spo

nsib

ility

of

the

Au

tho

rity

to

de

ve

lop

an

d im

ple

me

nt

syste

ms o

f in

tern

al fin

an

cia

l con

tro

l a

nd

to

put

in p

lace

pro

pe

r a

rra

ng

em

en

ts t

o

mo

nito

r th

eir

ad

eq

ua

cy a

nd

eff

ective

ne

ss in

pra

ctice

. M

y r

esp

on

sib

ility

as y

ou

r a

ud

ito

r is

to

co

nsid

er

wh

eth

er

the

Au

tho

rity

ha

s p

ut

ad

eq

ua

te

arr

an

ge

me

nts

in

pla

ce

to

sa

tisfy

its

elf t

ha

t th

e s

yste

ms o

f in

tern

al fin

an

cia

l co

ntr

ol a

re b

oth

ad

equ

ate

an

d e

ffe

ctive

in

pra

ctice

.

I h

ave

te

ste

d t

he

co

ntr

ols

of

the

Au

tho

rity

on

ly t

o t

he

exte

nt

ne

ce

ssa

ry fo

r m

e t

o c

om

ple

te m

y a

ud

it.

I a

m n

ot

exp

ressin

g a

n o

pin

ion

on

th

e o

ve

rall

eff

ective

ne

ss o

f in

tern

al co

ntr

ol. I

have

re

vie

we

d t

he

An

nu

al G

ove

rna

nce

Sta

tem

en

t a

nd

ca

n c

onfirm

th

at:

!

it c

om

plie

s w

ith

th

e r

eq

uir

em

en

ts o

f C

IPF

A/S

OL

AC

E D

eliv

eri

ng

Go

od

Go

ve

rna

nce

in

Lo

ca

l G

ove

rnm

en

t F

ram

ew

ork

; a

nd

!

it is c

onsis

ten

t w

ith

oth

er

info

rma

tio

n t

ha

t I

am

aw

are

of

fro

m m

y a

ud

it o

f th

e f

ina

ncia

l sta

tem

en

ts.

Th

e f

ollo

win

g w

ea

kn

esse

s in

in

tern

al co

ntr

ol a

re o

nly

th

ose

I h

ave

id

en

tifie

d d

uri

ng

the

au

dit t

ha

t a

re r

ele

va

nt

to p

rep

ari

ng t

he

fin

an

cia

l sta

tem

en

ts.

Ta

ble

2:

Inte

rna

l c

on

tro

l is

su

es

an

d m

y f

ind

ing

s

De

sc

rip

tio

n o

f w

ea

kn

es

s

Po

ten

tia

l im

pa

ct

Ma

na

ge

me

nt

ac

tio

n

As

se

t re

gis

ter

Th

e a

sse

t re

gis

ter

did

not

refle

ct

all

the

tra

nsa

ctio

ns t

ha

t h

ad

ta

ke

n p

lace

du

rin

g t

he

fin

an

cia

l ye

ar

an

d d

id n

ot p

rovid

e a

cle

ar

an

d

co

mp

reh

en

siv

e a

ud

it t

rail

to t

he

fin

ancia

l

sta

tem

en

ts.

Th

e a

sse

t re

gis

ter

reco

ncili

atio

n t

o t

he

fin

an

cia

l sta

tem

en

ts is b

ase

d o

n n

et b

oo

k v

alu

e n

ot

gro

ss b

oo

k v

alu

es.

Th

ere

ma

y b

e m

ate

ria

l e

rro

rs in

th

e f

ina

ncia

l

sta

tem

en

ts.

Fu

lly im

ple

me

nt

the

RA

M s

yste

m b

y

tra

nsfe

rrin

g a

ll m

an

ua

l re

co

rds t

o it,

an

d t

he

n

testin

g t

he

syste

m t

o e

nsu

re it

is c

ap

ab

le o

f

pro

vid

ing

accu

rate

an

d t

ime

ly in

form

atio

n t

o

su

pp

ort

th

e e

ntr

ies m

ad

e in

th

e f

inan

cia

l

sta

tem

en

ts.

Page 192

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

3

De

sc

rip

tio

n o

f w

ea

kn

es

s

Po

ten

tia

l im

pa

ct

Ma

na

ge

me

nt

ac

tio

n

Ba

nk

re

co

nc

ilia

tio

ns

My a

ud

it id

en

tifie

d t

ha

t th

e p

roce

ss fo

r p

rod

ucin

g

ba

nk r

eco

ncili

atio

ns is n

ot

tim

ely

with

th

e C

ou

ncil

un

ab

le t

o p

rovid

e a

fu

ll se

t o

f w

ork

ing

pa

pe

rs w

he

n

req

ue

ste

d.

In p

art

icu

lar

the

in

co

me

acco

un

t b

an

k

acco

un

t w

as n

ot

reco

ncile

d t

o t

he

ban

k s

tate

me

nt

an

d n

o r

econ

cili

atio

ns h

ad

be

en

com

ple

ted

on

th

e

acco

un

t fr

om

Ju

ne

20

11

. B

an

k r

eco

ncili

atio

ns fo

r

so

me

sm

alle

r a

cco

un

ts w

ere

als

o n

ot

co

mp

lete

d a

t

31

Ma

rch

20

12

.

Th

e C

ou

ncil

do

es n

ot

have

in

pla

ce

an

eff

ective

con

tro

l to

de

tect

ma

teri

al ba

nk

err

ors

or

fra

ud

.

Ca

rry o

ut

a f

ull

revie

w o

f th

e b

an

k

reco

ncili

ation

pro

ce

ss t

o e

nsu

re t

ha

t th

ere

is

a s

tru

ctu

red

ap

pro

ach

to

co

mp

letin

g th

is

co

ntr

ol in

a tim

ely

ma

nn

er.

Re

co

mm

en

da

tio

ns

R1

Fu

lly im

ple

me

nt

the

RA

M s

yste

m a

nd

te

st

it t

o e

nsu

re t

ha

t it is c

ap

able

of

pro

vid

ing

accu

rate

and

tim

ely

in

form

atio

n t

o s

up

po

rt t

he

en

trie

s m

ad

e

in t

he

fin

an

cia

l sta

tem

ents

.

R2

Ca

rry o

ut

a f

ull

revie

w o

f th

e b

an

k r

eco

ncili

atio

n p

roce

ss t

o e

nsu

re t

ha

t th

ere

is a

str

uctu

red

ap

pro

ach

to

co

mp

letin

g t

his

con

tro

l in

a t

ime

ly

ma

nn

er.

Oth

er

ma

tte

rs

I a

m r

eq

uir

ed

to

co

mm

un

ica

te t

o y

ou

sig

nific

an

t fin

din

gs f

rom

th

e a

ud

it a

nd

oth

er

ma

tte

rs t

ha

t are

sig

nific

ant

to y

ou

r o

ve

rsig

ht

of

the

Au

tho

rity

’s

fin

an

cia

l re

po

rtin

g p

rocess in

clu

din

g th

e f

ollo

win

g.

!

Qu

alit

ative

asp

ects

of

you

r a

cco

un

ting

pra

ctices. I

ide

ntifie

d a

sig

nific

an

t nu

mb

er

of

imp

rove

me

nts

in

th

e f

ina

ncia

l sta

tem

ents

dis

clo

su

res t

ha

t I

ide

ntifie

d d

uri

ng

th

e c

ou

rse

of

my a

ud

it a

nd

wh

ich

th

e C

ou

ncil

ag

ree

d t

o c

orr

ect.

Th

ese

in

clu

ded

co

rre

ctin

g o

r a

dd

itio

na

l dis

clo

su

res f

or:

!lo

ca

l g

ove

rnm

en

t p

en

sio

n s

ch

em

e,

(no

te 4

0);

!fo

rew

ord

;

!g

ran

t a

nd

taxa

tio

n in

com

e (

no

te 3

1)

mis

cla

ssifie

d b

etw

ee

n lin

e h

ea

din

gs £

8.7

m;

!ca

pita

l co

mm

itm

en

ts d

isclo

su

re n

ote

wa

s n

ot

inclu

de

d in

the

fin

an

cia

l sta

tem

en

ts;

!m

ate

ria

l d

isclo

su

re c

ha

ng

es w

ith

in th

e P

PE

no

te 9

wh

ich

did

no

t im

pa

ct

on

th

e b

ala

nce

sh

ee

t a

t th

e y

ea

r-e

nd

;

Page 193

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

4

!fin

an

cia

l in

str

um

en

ts (

no

te 1

2);

!ca

pita

l a

dju

stm

en

t a

cco

un

t (n

ote

22

e);

!a

dju

stm

en

ts b

etw

ee

n a

cco

un

tin

g b

asis

an

d f

un

din

g b

asis

und

er

reg

ula

tion

s (

no

te 7

);

!h

ou

sin

g r

eve

nu

e a

cco

un

t; a

nd

!ca

sh

flo

w s

tate

me

nt.

!

Ma

tte

rs s

pe

cific

ally

re

qu

ire

d b

y o

the

r a

ud

itin

g s

tan

da

rds t

o b

e c

om

mu

nic

ate

d t

o t

ho

se

ch

arg

ed

with

go

ve

rna

nce

. F

or

exa

mp

le,

issue

s a

bo

ut

fra

ud

, co

mp

lian

ce

with

law

s a

nd

re

gu

latio

ns,

exte

rna

l co

nfirm

atio

ns a

nd

re

late

d p

art

y t

ran

sa

ctio

ns.

!

Oth

er

au

dit m

att

ers

of

go

ve

rna

nce

in

tere

st.

Ap

art

fro

m t

he

issu

es o

utlin

ed

ab

ove

I h

ave

no

ma

tte

rs I

wis

h t

o r

ep

ort

.

Wh

ole

of

Go

ve

rnm

en

t A

cc

ou

nts

Alo

ng

sid

e m

y w

ork

on

th

e f

ina

ncia

l sta

tem

en

ts,

I a

lso

re

vie

w a

nd

re

po

rt t

o t

he

Na

tio

na

l A

ud

it O

ffic

e o

n y

ou

r W

ho

le o

f G

ove

rnm

en

t A

cco

un

ts r

etu

rn.

As a

t 1

0 S

ep

tem

be

r 2

01

2 I

ha

ve

no

t co

mp

lete

d t

he

pro

ce

dure

s s

pe

cifie

d b

y t

he

Na

tio

na

l A

ud

it O

ffic

e.

I e

xp

ect

to c

om

ple

te m

y r

epo

rt d

uri

ng

Se

pte

mb

er

20

12

.

Le

tte

r o

f R

ep

res

en

tati

on

Be

fore

I issue

my o

pin

ion

, a

ud

itin

g s

tan

da

rds r

eq

uir

e m

e t

o a

sk y

ou

an

d m

an

ag

em

en

t fo

r w

ritt

en

re

pre

se

nta

tio

ns a

bo

ut

yo

ur

fin

an

cia

l sta

tem

en

ts a

nd

go

ve

rna

nce

arr

an

ge

me

nts

. A

pp

en

dix

4 c

on

tain

s o

ur

dra

ft le

tte

r o

f re

pre

se

nta

tio

n.

Page 194

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

5 V

alu

e f

or

mo

ne

yI am

req

uir

ed

to

co

nclu

de w

heth

er

the A

uth

ori

ty p

ut

in p

lace p

rop

er

arr

an

gem

en

ts f

or

secu

rin

g

eco

no

my, eff

icie

ncy a

nd

eff

ecti

ven

ess in

its

us

e o

f re

so

urc

es. T

his

is t

he v

alu

e f

or

mo

ney

co

nclu

sio

n.

I a

sse

ss y

ou

r a

rra

ng

em

en

ts a

ga

inst

the

tw

o c

rite

ria

sp

ecifie

d b

y t

he

Co

mm

issio

n.

In m

y J

un

e 2

01

2 A

ud

it P

lan

I r

ep

ort

ed

to

yo

u t

he

sig

nific

an

t ri

sks

tha

t w

ere

re

leva

nt

to m

y c

on

clu

sio

n.

I h

ave

se

t o

ut

be

low

my c

on

clu

sio

n o

n t

he

tw

o c

rite

ria

, in

clu

din

g t

he

fin

din

gs o

f m

y w

ork

ad

dre

ssin

g e

ach

of

the

risks I

id

en

tifie

d.

I in

ten

d t

o issu

e a

n u

nq

ua

lifie

d c

onclu

sio

n s

tating

th

at

the

Au

tho

rity

ha

s p

rop

er

arr

an

ge

me

nts

to

se

cu

re e

co

no

my,

eff

icie

ncy a

nd

eff

ective

ne

ss in

th

e

use

of

its r

eso

urc

es.

I in

clu

de

my d

raft

co

nclu

sio

n in

ap

pe

nd

ix 1

.

Ta

ble

3:

Va

lue

fo

r m

on

ey c

on

clu

sio

n c

rite

ria

an

d m

y f

ind

ing

s

Cri

teri

aR

isk

Fin

din

gs

1.

Fin

an

cia

l re

sil

ien

ce

Th

e o

rga

nis

atio

n h

as p

rop

er

arr

an

ge

me

nts

in

pla

ce

to

se

cu

re

fin

an

cia

l re

sili

en

ce

.

Fo

cu

s f

or

201

1/1

2:

Th

e o

rga

nis

atio

n h

as r

ob

ust

syste

ms a

nd

pro

cesse

s t

o

ma

na

ge

eff

ective

ly f

ina

ncia

l risks a

nd

op

po

rtu

nitie

s,

an

d t

o

se

cu

re a

sta

ble

fin

an

cia

l p

ositio

n t

ha

t e

na

ble

s it

to c

on

tin

ue

to

op

era

te f

or

the

fo

rese

eab

le f

utu

re.

Th

e L

oca

l G

ove

rnm

en

t F

ina

nce

Se

ttle

me

nt

red

uce

d C

en

tra

l

Go

ve

rnm

en

t fu

nd

ing

ava

ilab

le t

o

the

Au

tho

rity

. In

20

11

/12

th

e

Au

tho

rity

is t

arg

etin

g s

avin

gs

an

d t

he

pro

jecte

d le

ve

l o

f

sa

vin

gs r

equ

ire

d w

ill incre

ase

in

futu

re y

ea

rs.

As in

pre

vio

us y

ea

rs m

y r

evie

w o

f th

e

Co

un

cil’

s a

rra

ng

em

en

ts t

o s

ecu

re e

co

no

my,

eff

icie

ncy a

nd

eff

ective

ne

ss d

id n

ot id

en

tify

an

y s

ign

ific

an

t is

su

es t

o p

reve

nt

the

issu

ing

of

an

un

qu

alif

ied

va

lue

fo

r m

on

ey c

on

clu

sio

n.

I

am

sa

tisfie

d t

ha

t th

e C

ou

ncil

ha

s r

ob

ust

syste

ms a

nd

pro

ce

sses t

o m

an

ag

e e

ffe

ctive

ly

fin

an

cia

l risks a

nd

op

po

rtu

nitie

s a

nd

to

se

cu

re

a s

tab

le f

inan

cia

l p

ositio

n.

Page 195

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

6

Cri

teri

aR

isk

Fin

din

gs

Th

e C

ou

ncil

is n

ow

in

ye

ar

two

of

its fo

ur

ye

ar

eff

icie

ncy s

tra

teg

y t

o d

ea

l w

ith

th

e e

co

no

mic

clim

ate

. T

he C

ou

ncil

ha

s s

ucce

ssfu

lly

co

ntin

ue

d t

o d

eliv

er

sa

vin

gs in

20

11

/12

tow

ard

s its

ta

rge

t o

f o

ve

r £

88

m c

osts

fro

m

co

un

cil

exp

en

ditu

re.

Th

e s

avin

gs e

nco

mp

ass

all

the

Co

uncil'

s s

erv

ice

s a

nd

dir

ecto

rate

s

Sa

vin

gs a

re id

en

tifie

d t

hro

ug

h a

ro

bu

st

bu

dg

et

se

ttin

g p

roce

ss w

hic

h t

ake

s in

to a

cco

un

t th

e

po

ten

tia

l im

pa

ct

of

the

pro

po

se

d c

utb

ack

du

rin

g t

he

de

cis

ion

ma

kin

g p

roce

ss.

2.

Se

cu

rin

g e

co

no

my e

ffic

ien

cy a

nd

eff

ec

tiv

en

es

s

Th

e o

rga

nis

atio

n h

as p

rop

er

arr

an

ge

me

nts

fo

r ch

alle

ng

ing

ho

w

it s

ecu

res e

co

no

my,

eff

icie

ncy a

nd

eff

ective

ne

ss.

Fo

cu

s f

or

201

1/1

2:

Th

e o

rga

nis

atio

n is p

rio

ritisin

g its

re

so

urc

es w

ith

in t

igh

ter

bu

dg

ets

, fo

r e

xa

mp

le b

y a

ch

ievin

g c

ost

red

uctio

ns a

nd

by

imp

rovin

g e

ffic

ien

cy a

nd

pro

du

ctivity.

T

he

Co

un

cil

ha

s p

rio

ritise

d its

re

so

urc

es w

ith

in

tig

hte

r b

ud

ge

ts a

nd

ha

s s

ecu

red

econ

om

y,

eff

icie

ncy a

nd

eff

ective

ne

ss,

for

exa

mp

le b

y

ach

ievin

g c

ost

red

uctio

ns a

nd

by im

pro

vin

g

eff

icie

ncy a

nd

pro

du

ctivity.

Th

e C

ou

ncil

ch

alle

ng

es th

e w

ay a

ctivitie

s a

re

de

live

red

an

d e

xp

lore

s n

ew

wa

ys o

f d

eliv

eri

ng

activitie

s.

The

Co

un

cil

has g

oo

d a

rran

ge

me

nts

to m

on

ito

r e

ffic

ien

cy s

avin

gs a

nd

th

e im

pa

ct

on

se

rvic

e q

ua

lity a

nd

pro

vis

ion

.

Th

e C

ou

ncil

ha

s t

en

co

rpo

rate

pri

ori

tie

s w

hic

h

are

mo

nito

red

by a

‘d

ash

bo

ard

su

mm

ary

’ o

f 5

9

pe

rfo

rma

nce

in

dic

ato

rs. E

ach

pe

rfo

rma

nce

ind

ica

tor

is a

ssig

ne

d t

o a

na

me

d d

ire

cto

r. T

he

Co

un

cil

ha

s a

ch

alle

ng

e p

roce

ss in p

lace

to

mo

nito

r p

erf

orm

an

ce

an

d t

o a

gre

e a

n a

ctio

n

pla

n t

o a

dd

ress a

ny a

rea

s t

ha

t a

re u

nd

er

pe

rfo

rmin

g.

Page 196

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

7 F

ee

s

I re

po

rted

my p

lan

ned

au

dit

fee in

th

e J

un

e 2

012 A

ud

it P

lan

.

I w

ill c

om

ple

te t

he

au

dit w

ith

in t

he

pla

nn

ed

fe

e.

Ta

ble

4:

Fe

es

Pla

nn

ed

fe

e 2

01

1/1

2 (

£)

Ex

pe

cte

d f

ee

20

11

/12

(£

)

Au

dit

42

5,0

74

4

25

,07

4

Cla

ims a

nd

re

turn

s (

estim

ate

) 1

05

,00

0

10

5,0

00

No

n-a

ud

it w

ork

N

il n

il

To

tal

Th

e A

ud

it C

om

mis

sio

n h

as p

aid

a r

eb

ate

of

34

,00

0 t

o r

efle

ct

att

ain

ing

inte

rna

l e

ffic

ien

cy s

avin

gs,

red

ucin

g t

he

ne

t a

mo

un

t p

aya

ble

to

th

e A

ud

it

Co

mm

issio

n t

o £

39

1,0

74.

Page 197

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

8 A

pp

en

dix

1 –

Dra

ft in

de

pe

nd

en

t au

dit

or’

s r

ep

ort

IN

DE

PE

ND

EN

T A

UD

ITO

R’S

RE

PO

RT

TO

TH

E M

EM

BE

RS

OF

LO

ND

ON

BO

RO

UG

H O

F L

EW

ISH

AM

Op

inio

n o

n t

he

fin

an

cia

l s

tate

me

nts

I h

ave

au

dite

d t

he

fin

ancia

l sta

tem

en

ts o

f L

on

don

Bo

rou

gh

of

Le

wis

ha

mfo

r th

e y

ea

r e

nd

ed

31

Ma

rch

20

12

un

de

r th

e A

ud

it C

om

mis

sio

n A

ct

19

98.

Th

e f

ina

ncia

l sta

tem

en

ts c

om

pri

se

the

Au

tho

rity

an

d G

rou

p M

ove

me

nt

in R

ese

rve

s S

tate

me

nt,

th

e A

uth

ori

ty a

nd

Gro

up

Co

mp

reh

en

siv

e I

nco

me

an

d

Exp

en

ditu

re S

tate

me

nt,

th

e A

uth

ori

ty a

nd

Gro

up

Ba

lan

ce

Sh

ee

t, t

he

Au

tho

rity

an

d G

rou

p C

ash

Flo

w,

the

Ho

usin

g R

eve

nu

e A

cco

un

t In

co

me

an

d

Exp

en

ditu

re S

tate

me

nt,

th

e M

ove

me

nt

on

th

e H

ou

sin

g R

eve

nu

e A

cco

un

t R

ese

rve

s S

tate

me

nt

an

d C

olle

ctio

n F

un

d a

nd

th

e r

ela

ted

no

tes.

Th

e

fin

an

cia

l re

po

rtin

g f

ram

ew

ork

ap

plie

d t

o t

he

ir p

rep

ara

tio

n is a

pp

lica

ble

law

an

d t

he

CIP

FA

/LA

SA

AC

Co

de

of

Pra

ctice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

do

m 2

01

1/1

2.

Th

is r

ep

ort

is m

ad

e s

ole

ly t

o t

he

me

mb

ers

of

Lo

nd

on

Bo

rou

gh

of

Le

wis

ha

min

accord

an

ce

with

Pa

rt I

I o

f th

e A

ud

it C

om

mis

sio

n A

ct 1

99

8 a

nd

for

no

o

the

r p

urp

ose

, a

s s

et ou

t in

pa

rag

rap

h 4

8 o

f th

e S

tate

me

nt

of

Re

sp

on

sib

ilities o

f A

ud

ito

rs a

nd

Au

dite

d B

od

ies p

ub

lish

ed

by t

he

Au

dit C

om

mis

sio

n in

M

arc

h 2

01

0.

Re

sp

ec

tiv

e r

es

po

ns

ibil

itie

s o

f th

e E

xe

cu

tiv

e D

ire

cto

r fo

r R

es

ou

rce

s a

nd

Re

ge

ne

rati

on

an

d a

ud

ito

r

As e

xp

lain

ed

mo

re f

ully

in

th

e S

tate

me

nt

of

the

Exe

cu

tive

Dir

ecto

r fo

r R

eso

urc

es a

nd R

eg

en

era

tio

n R

esp

on

sib

ilities,

the

Exe

cu

tive

Dir

ecto

r fo

r R

eso

urc

es a

nd

Re

ge

ne

ratio

n is r

esp

on

sib

le f

or

the

pre

pa

ratio

n o

f th

e S

tate

me

nt

of

Acco

un

ts,

wh

ich

in

clu

des t

he

fin

an

cia

l sta

tem

en

ts,

in a

cco

rda

nce

w

ith

pro

pe

r p

ractice

s a

s s

et

ou

t in

th

e C

IPF

A/L

AS

AA

C C

od

e o

f P

ractice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

do

m,

an

d f

or

be

ing

sa

tisfie

d

tha

t th

ey g

ive

a t

rue

an

d f

air

vie

w.

My r

esp

on

sib

ility

is t

o a

ud

it a

nd

exp

ress a

n o

pin

ion o

n t

he

fin

ancia

l sta

tem

en

ts in

acco

rda

nce

with

ap

plic

ab

le law

a

nd

In

tern

atio

na

l S

tan

da

rds o

n A

ud

itin

g (

UK

an

d I

rela

nd

). T

ho

se

sta

nd

ard

s r

eq

uir

e m

e t

o c

om

ply

with

th

e A

ud

itin

g P

ractice

s B

oa

rd’s

Eth

ica

l S

tan

da

rds f

or

Au

dito

rs.

Page 198

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

9 S

co

pe

of

the

au

dit

of

the

fin

an

cia

l s

tate

me

nts

An

au

dit in

vo

lve

s o

bta

inin

g e

vid

en

ce

ab

ou

t th

e a

mo

un

ts a

nd

dis

clo

su

res in

th

e f

ina

ncia

l sta

tem

en

ts s

uff

icie

nt

to g

ive

re

aso

na

ble

assu

ran

ce

th

at

the

fin

an

cia

l sta

tem

en

ts a

re f

ree

fro

m m

ate

ria

l m

issta

tem

en

t, w

he

the

r ca

use

d b

y f

rau

d o

r e

rro

r. T

his

in

clu

de

s a

n a

sse

ssm

en

t o

f: w

he

the

r th

e a

cco

un

tin

g

po

licie

s a

re a

pp

rop

ria

te to

th

e A

uth

ori

ty a

nd

Gro

up

’s c

ircu

msta

nce

s a

nd

ha

ve

be

en

co

nsis

ten

tly a

pp

lied

an

d a

de

qu

ate

ly d

isclo

se

d; th

e

rea

so

na

ble

ne

ss o

f sig

nific

an

t a

cco

untin

g e

stim

ate

s m

ad

e b

y t

he

Exe

cu

tive

Dir

ecto

r fo

r R

eso

urc

es a

nd

Re

ge

ne

ratio

n a

nd

th

e o

ve

rall

pre

se

nta

tio

n o

f th

e f

ina

ncia

l sta

tem

en

ts.

In a

dd

itio

n, I

rea

d a

ll th

e f

ina

ncia

l a

nd

no

n-f

ina

ncia

l in

form

atio

n in

th

e e

xp

lan

ato

ry f

ore

wo

rd t

o id

en

tify

ma

teri

al

inco

nsis

ten

cie

s w

ith

th

e a

ud

ite

d f

inan

cia

l sta

tem

en

ts.

If I

be

co

me

aw

are

of

an

y a

pp

are

nt

ma

teri

al m

issta

tem

en

ts o

r in

co

nsis

ten

cie

s I

co

nsid

er

the

imp

lica

tio

ns fo

r m

y r

ep

ort

. O

pin

ion

on

fin

an

cia

l s

tate

me

nts

In m

y o

pin

ion

th

e f

ina

ncia

l sta

tem

en

ts:

"

giv

e a

tru

e a

nd

fa

ir v

iew

of

the

fin

an

cia

l p

ositio

n o

f L

on

do

n B

oro

ug

h o

f L

ew

ish

am

as a

t 3

1 M

arc

h 2

01

2 a

nd

of

its e

xp

en

ditu

re a

nd

in

co

me

fo

r th

e y

ea

r th

en

en

de

d;

"

giv

e a

tru

e a

nd

fa

ir v

iew

of

the

fin

an

cia

l p

ositio

n o

f th

e G

rou

p a

s a

t 3

1 M

arc

h 2

01

2 a

nd o

f its e

xp

en

ditu

re a

nd

inco

me

fo

r th

e y

ea

r th

en

en

de

d;

an

d

"

ha

ve

be

en

pre

pa

red

pro

pe

rly in

acco

rda

nce

with

th

e C

IPF

A/L

AS

AA

C C

od

e o

f P

ractice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

do

m

20

11

/12

. O

pin

ion

on

oth

er

ma

tte

rs

In m

y o

pin

ion

, th

e in

form

atio

n g

ive

n in

th

e e

xp

lan

ato

ry f

ore

wo

rd f

or

the

fin

an

cia

l ye

ar

for

wh

ich

th

e f

ina

ncia

l sta

tem

en

ts a

re p

rep

are

d is c

on

sis

ten

t w

ith

th

e f

inan

cia

l sta

tem

en

ts.

Ma

tte

rs o

n w

hic

h I

re

po

rt b

y e

xc

ep

tio

n

I re

po

rt t

o y

ou

if:

"

in m

y o

pin

ion

th

e a

nn

ua

l g

ove

rna

nce

sta

tem

en

t d

oe

s n

ot

reflect

com

plia

nce

with

‘D

eliv

eri

ng

Go

od

Go

ve

rna

nce

in

Lo

ca

l G

ove

rnm

en

t: a

F

ram

ew

ork

’ p

ub

lish

ed

by C

IPF

A/S

OL

AC

E in

Ju

ne

20

07

;

"

I is

su

e a

re

po

rt in

th

e p

ub

lic in

tere

st u

nd

er

se

ction

8 o

f th

e A

ud

it C

om

mis

sio

n A

ct

19

98

;

"

I d

esig

na

te u

nd

er

se

ction

11

of

the

Au

dit C

om

mis

sio

n A

ct 19

98

an

y r

eco

mm

en

da

tio

n a

s o

ne

th

at

req

uir

es t

he

Au

tho

rity

to

co

nsid

er

it a

t a

p

ub

lic m

ee

tin

g a

nd

to

decid

e w

ha

t a

ctio

n t

o t

ake

in

re

sp

on

se

; o

r

"

I e

xe

rcis

e a

ny o

the

r sp

ecia

l p

ow

ers

of

the

au

ditor

un

de

r th

e A

ud

it C

om

mis

sio

n A

ct 19

98

.

I h

ave

no

thin

g t

o r

ep

ort

in

th

ese

re

sp

ects

.

Page 199

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

0 O

pin

ion

on

th

e p

en

sio

n f

un

d f

ina

nc

ial

sta

tem

en

ts

I h

ave

au

dite

d t

he

pe

nsio

n f

un

d f

inan

cia

l sta

tem

en

ts f

or

the

ye

ar

en

de

d 3

1 M

arc

h 2

01

2 u

nd

er

the

Au

dit C

om

mis

sio

n A

ct 1

99

8.

Th

e p

en

sio

n f

un

d

fin

an

cia

l sta

tem

en

ts c

om

pri

se

th

e F

un

d A

cco

un

t, th

e N

et

Asse

ts S

tate

me

nt

an

d t

he

re

late

d n

ote

s.

Th

e f

ina

ncia

l re

po

rtin

g fra

me

work

th

at

ha

s b

ee

n

ap

plie

d in

th

eir

pre

pa

ratio

n is a

pp

lica

ble

la

w a

nd

th

e C

IPF

A/L

AS

AA

C C

od

e o

f P

ractice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

do

m 2

01

1/1

2.

Th

is r

ep

ort

is m

ad

e s

ole

ly t

o t

he

me

mb

ers

of

Lo

nd

on

Bo

rou

gh

of

Le

wis

ha

m in

accord

an

ce

with

Pa

rt I

I o

f th

e A

ud

it C

om

mis

sio

n A

ct 1

99

8 a

nd

for

no

o

the

r p

urp

ose

, a

s s

et ou

t in

pa

rag

rap

h 4

8 o

f th

e S

tate

me

nt

of

Re

sp

on

sib

ilities o

f A

ud

ito

rs a

nd

Au

dite

d B

od

ies p

ub

lish

ed

by t

he

Au

dit C

om

mis

sio

n in

M

arc

h 2

01

0.

Re

sp

ec

tiv

e r

es

po

ns

ibil

itie

s o

f th

e E

xe

cu

tiv

e D

ire

cto

r fo

r R

es

ou

rce

s a

nd

Re

ge

ne

rati

on

an

d a

ud

ito

r

As e

xp

lain

ed

mo

re f

ully

in

th

e S

tate

me

nt

of

Re

sp

on

sib

ilitie

s fo

r th

e S

tate

me

nt

of

Acco

un

ts,

the

Exe

cu

tive

Dir

ecto

r fo

r R

eso

urc

es a

nd R

eg

en

era

tio

n is

resp

on

sib

le fo

r th

e p

rep

ara

tio

n o

f th

e A

uth

ori

ty a

nd

Gro

up

’s S

tate

me

nt

of

Acco

un

ts, w

hic

h in

clu

de

s t

he

pe

nsio

n f

un

d’s

fin

an

cia

l sta

tem

en

ts,

in

acco

rda

nce

with

pro

pe

r p

ractice

s a

s s

et

ou

t in

th

e C

IPF

A/L

AS

AA

C C

od

e o

f P

ractice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

do

m,

an

d f

or

be

ing

sa

tisfie

d t

ha

t th

ey g

ive

a t

rue

an

d f

air

vie

w.

My r

esp

on

sib

ility

is t

o a

ud

it a

nd

exp

ress a

n o

pin

ion

on

th

e f

ina

ncia

l sta

tem

en

ts in

acco

rda

nce

with

a

pp

lica

ble

law

an

d I

nte

rna

tio

na

l S

tand

ard

s o

n A

ud

itin

g (

UK

an

d I

rela

nd

). T

ho

se

sta

nda

rds r

eq

uir

e m

e t

o c

om

ply

with

th

e A

ud

itin

g P

ractice

s B

oa

rd’s

E

thic

al S

tand

ard

s f

or

Au

dito

rs.

Sc

op

e o

f th

e a

ud

it o

f th

e f

ina

nc

ial

sta

tem

en

ts

An

au

dit in

vo

lve

s o

bta

inin

g e

vid

en

ce

ab

ou

t th

e a

mo

un

ts a

nd

dis

clo

su

res in

th

e f

ina

ncia

l sta

tem

en

ts s

uff

icie

nt

to g

ive

re

aso

na

ble

assu

ran

ce

th

at

the

fin

an

cia

l sta

tem

en

ts a

re f

ree

fro

m m

ate

ria

l m

issta

tem

en

t, w

he

the

r ca

use

d b

y f

rau

d o

r e

rro

r. T

his

in

clu

de

s a

n a

sse

ssm

en

t o

f: w

he

the

r th

e a

cco

un

tin

g

po

licie

s a

re a

pp

rop

ria

te to

th

e f

un

d’s

cir

cu

msta

nce

s a

nd

ha

ve

be

en

co

nsis

ten

tly a

pp

lied

an

d a

de

qu

ate

ly d

isclo

se

d;

the

re

aso

na

ble

ne

ss o

f sig

nific

an

t a

cco

un

tin

g e

stim

ate

s m

ad

e b

y t

he

Exe

cu

tive

Dir

ecto

r fo

r R

eso

urc

es a

nd R

eg

en

era

tio

n;

an

d t

he

ove

rall

pre

se

nta

tio

n o

f th

e f

ina

ncia

l sta

tem

en

ts.

In

ad

ditio

n,

I re

ad

all

the

fin

an

cia

l a

nd

no

n-f

ina

ncia

l in

form

atio

n in

th

e e

xp

lan

ato

ry f

ore

wo

rd t

o id

en

tify

ma

teri

al in

co

nsis

tencie

s w

ith

th

e a

ud

ite

d f

ina

ncia

l sta

tem

en

ts.

If I

be

co

me

aw

are

of

an

y a

pp

are

nt

ma

teri

al m

issta

tem

en

ts o

r in

co

nsis

ten

cie

s I

co

nsid

er

the

im

plic

atio

ns f

or

my r

ep

ort

. O

pin

ion

on

fin

an

cia

l s

tate

me

nts

In m

y o

pin

ion

th

e p

en

sio

n f

un

d’s

fin

an

cia

l sta

tem

en

ts:

"

giv

e a

tru

e a

nd

fa

ir v

iew

of

the

fin

an

cia

l tr

an

sa

ctio

ns o

f th

e p

en

sio

n f

un

d d

uri

ng

th

e y

ea

r e

nd

ed

31

Ma

rch

20

12

an

d t

he

am

ou

nt

an

d

dis

po

sitio

n o

f th

e f

un

d’s

asse

ts a

nd

lia

bili

ties a

s a

t 3

1 M

arc

h 2

01

2;

an

d

"

ha

ve

be

en

pro

pe

rly p

rep

are

d in

acco

rda

nce

with

th

e C

IPF

A/L

AS

AA

C C

od

e o

f P

ractice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

do

m

20

11

/12

.

Page 200

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

1 O

pin

ion

on

oth

er

ma

tte

rs

In m

y o

pin

ion

, th

e in

form

atio

n g

ive

n in

th

e e

xp

lan

ato

ry f

ore

wo

rd f

or

the

fin

an

cia

l ye

ar

for

wh

ich

th

e f

ina

ncia

l sta

tem

en

ts a

re p

rep

are

d is c

on

sis

ten

t w

ith

th

e f

inan

cia

l sta

tem

en

ts.

Co

nc

lus

ion

on

Au

tho

rity

’s a

rra

ng

em

en

ts f

or

se

cu

rin

g e

co

no

my,

eff

icie

nc

y a

nd

eff

ec

tiv

en

es

s i

n t

he

us

e o

f re

so

urc

es

Re

sp

ec

tiv

e r

es

po

ns

ibil

itie

s o

f th

e A

uth

ori

ty a

nd

th

e a

ud

ito

r T

he

Au

tho

rity

is r

esp

on

sib

le f

or

pu

ttin

g in

pla

ce

pro

pe

r a

rra

ng

em

en

ts t

o s

ecu

re e

co

nom

y,

eff

icie

ncy a

nd

eff

ective

ne

ss in

its

use

of

resou

rce

s,

to

en

su

re p

rope

r ste

wa

rdsh

ip a

nd

go

ve

rna

nce

, a

nd

to

re

vie

w r

eg

ula

rly t

he

ad

eq

ua

cy a

nd

eff

ective

ne

ss o

f th

ese

arr

an

ge

me

nts

. I

am

re

qu

ire

d u

nd

er

Se

ctio

n 5

of

the

Au

dit C

om

mis

sio

n A

ct 19

98

to

sa

tisfy

myse

lf t

ha

t th

e A

uth

ori

ty h

as m

ad

e p

rop

er

arr

an

ge

me

nts

fo

r se

cu

rin

g

eco

no

my,

eff

icie

ncy a

nd

eff

ective

ne

ss in

its

use

of

reso

urc

es. T

he

Co

de

of

Au

dit P

ractice

issu

ed

by t

he

Au

dit C

om

mis

sio

n r

eq

uir

es m

e t

o r

ep

ort

to

yo

u m

y c

on

clu

sio

n r

ela

tin

g t

o p

rop

er

arr

an

ge

me

nts

, h

avin

g r

eg

ard

to

re

leva

nt

cri

teri

a s

pe

cifie

d b

y t

he

Au

dit C

om

mis

sio

n.

I re

po

rt if

sig

nific

an

t m

atte

rs h

ave

co

me

to

my a

tte

ntio

n w

hic

h p

reve

nt

me

fro

m c

on

clu

din

g t

ha

t th

e A

uth

ori

ty h

as p

ut

in p

lace

pro

pe

r a

rra

ng

em

en

ts f

or

se

cu

rin

g e

co

no

my,

eff

icie

ncy a

nd

eff

ective

ne

ss in

its

use

of re

so

urc

es.

I a

m n

ot

req

uir

ed

to

co

nsid

er,

no

r h

ave

I c

on

sid

ere

d,

wh

eth

er

all

asp

ects

of

the

Au

tho

rity

’s a

rra

ng

em

en

ts f

or

se

cu

rin

g e

co

no

my,

eff

icie

ncy a

nd

eff

ective

ne

ss in

its

use

of

reso

urc

es a

re o

pe

ratin

g e

ffe

ctive

ly.

Sc

op

e o

f th

e r

ev

iew

of

arr

an

ge

me

nts

fo

r s

ec

uri

ng

ec

on

om

y,

eff

icie

nc

y a

nd

eff

ec

tiv

en

es

s i

n t

he

us

e o

f re

so

urc

es

I h

ave

un

de

rta

ke

n m

y a

ud

it in

acco

rda

nce

with

the

Co

de

of

Au

dit P

ractice,

ha

vin

g r

eg

ard

to

th

e g

uid

an

ce

on

th

e s

pe

cifie

d c

rite

ria

, p

ublis

he

d b

y t

he

A

ud

it C

om

mis

sio

n in

Octo

be

r 2

01

1,

as t

o w

he

the

r th

e A

uth

ori

ty h

as p

rop

er

arr

an

ge

me

nts

fo

r:

"

se

cu

rin

g f

ina

ncia

l re

sili

en

ce

; a

nd

"

ch

alle

ng

ing h

ow

it

se

cu

res e

co

no

my,

eff

icie

ncy a

nd

eff

ective

ne

ss.

Th

e A

ud

it C

om

mis

sio

n h

as d

ete

rmin

ed

th

ese

tw

o c

rite

ria

as t

ho

se

ne

ce

ssa

ry f

or

me

to

co

nsid

er

un

de

r th

e C

od

e o

f A

ud

it P

ractice

in s

atisfy

ing

myse

lf

wh

eth

er

the

Au

tho

rity

pu

t in

pla

ce

pro

pe

r a

rra

ng

em

en

ts f

or

se

cu

rin

g e

con

om

y,

eff

icie

ncy a

nd

eff

ective

ne

ss in

its

use

of re

so

urc

es f

or

the

ye

ar

en

de

d

31

Ma

rch

20

12

. I

pla

nn

ed

my w

ork

in

acco

rda

nce

with

th

e C

od

e o

f A

ud

it P

ractice.

Ba

se

d o

n m

y r

isk a

sse

ssm

en

t, I

un

de

rto

ok s

uch

wo

rk a

s I

co

nsid

ere

d n

ece

ssary

to

fo

rm a

vie

w o

n w

he

the

r, in

all

sig

nific

an

t re

sp

ects

, th

e A

uth

ority

ha

d p

ut

in p

lace

pro

per

arr

an

ge

me

nts

to

se

cu

re e

co

no

my,

eff

icie

ncy a

nd

e

ffe

ctive

ne

ss in

its

use

of

reso

urc

es.

Page 201

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

2 C

on

clu

sio

n O

n t

he

ba

sis

of

my w

ork

, h

avin

g r

eg

ard

to

th

e g

uid

an

ce

on t

he

sp

ecifie

d c

rite

ria

pub

lish

ed

by th

e A

ud

it C

om

mis

sio

n in

Octo

be

r 2

01

1,

I a

m s

atisfie

d

tha

t, in

all

sig

nific

an

t re

sp

ects

, L

on

do

n B

oro

ug

h o

f L

ew

ish

am

pu

t in

pla

ce

pro

pe

r a

rra

ng

em

en

ts t

o s

ecu

re e

co

no

my,

eff

icie

ncy a

nd

eff

ective

ne

ss in

its

u

se

of

reso

urc

es f

or

the

ye

ar

en

de

d 3

1 M

arc

h 2

01

2.

Ce

rtif

ica

teI

ce

rtify t

ha

t I

ha

ve

co

mp

lete

d t

he

aud

it o

f th

e a

cco

un

ts o

f L

on

do

n B

oro

ug

h o

f L

ew

ish

am

an

d p

en

sio

n f

un

d in

acco

rda

nce

with

th

e r

eq

uir

em

en

ts o

f th

e

Au

dit C

om

mis

sio

n A

ct 19

98

an

d t

he

co

de

of

Au

dit P

ractice

issu

ed

by t

he

Au

dit C

om

mis

sio

n.

Su

sa

n M

Ex

ton

D

istr

ict

Au

dito

r

Lo

nd

on

Re

gio

n

Au

dit P

ractice

,

Au

dit C

om

mis

sio

n

1st

Flo

or

Mill

ba

nk T

ow

er

Lo

nd

on

S

W1

P 4

HQ

Se

pte

mb

er

20

12

Page 202

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

3 A

pp

en

dix

2 –

Un

co

rre

cte

d

err

ors

I id

en

tifie

d th

e f

ollo

win

g e

rro

rs d

uri

ng

th

e a

ud

it w

hic

h m

an

ag

em

en

t h

ave

no

t a

dd

resse

d in

th

e r

evis

ed

fin

an

cia

l sta

tem

en

ts.

Sta

tem

en

t o

f c

om

pre

he

ns

ive

inc

om

e a

nd

ex

pe

nd

itu

re

Ba

lan

ce

sh

ee

t

Ite

m o

f a

cco

un

t N

atu

re o

f e

rro

r D

r £

’00

0s

Cr

£’0

00

s

Dr

£’0

00

s

Cr

£’0

00

s

Pe

nsio

n f

und

lia

bili

ty

Le

wis

ha

m H

om

es h

as a

cco

un

ted

fo

r a

Pe

nsio

n

fun

d lia

bili

ty d

iffe

ren

tly f

rom

th

e C

ou

ncil.

Th

ere

are

tw

o u

na

dju

ste

d e

rrors

, b

oth

no

n-t

rivia

l. T

he

Co

un

cil

ha

s in

clu

de

d t

he £

3,5

70k p

ost

tra

nsfe

r

liab

ility

as a

co

ntin

ge

nt

liab

ility

. It

is o

ur

vie

w

tha

t p

er

FR

S 1

2 P

rovis

ion

, th

is s

hou

ld b

e

acco

un

ted

fo

r a

s a

pro

vis

ion

. In

ad

ditio

n t

he

gro

up

acco

un

ts s

till

inclu

de

a £

3,5

70k

Le

wis

ha

m H

om

es p

en

sio

ns d

eb

tor

tha

t d

oe

s

no

t e

limin

ate

on

co

nso

lida

tio

n

Page 203

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

4 A

pp

en

dix

3 –

Co

rre

cte

d e

rro

rs

I id

en

tifie

d th

e f

ollo

win

g e

rro

rs d

uri

ng

th

e a

ud

it w

hic

h m

an

ag

em

en

t h

ave

ad

dre

sse

d in

th

e r

evis

ed

fin

an

cia

l sta

tem

en

ts.

Sta

tem

en

t o

f c

om

pre

he

ns

ive

inc

om

e a

nd

ex

pe

nd

itu

re

Ba

lan

ce

sh

ee

t

Ite

m o

f a

cco

un

t N

atu

re o

f e

rro

r D

r £

’00

0s

Cr

£’0

00

s

Dr

£’0

00

s

Cr

£’0

00

s

Ca

sh

an

d c

ash

eq

uiv

ale

nts

P

aym

en

ts m

ad

e in

Ma

rch

20

12

of

£13

.6m

we

re

inco

rre

ctly a

dju

ste

d t

o t

rea

t a

s a

20

12

/13

tra

nsa

ctio

n

Cre

dito

rs

£1

3,6

25

Ca

sh

£1

3,6

25

Ba

lan

ce

sh

ee

t T

he

fo

rme

r T

ide

mill

scho

ol sh

ou

ld b

e c

lassifie

d

as a

su

rplu

s a

sse

t (E

x5

0)

PP

E s

urp

lus

asse

ts

8,4

85

PP

E la

nd

an

d

bu

ildin

gs

8,4

85

Ba

lan

ce

sh

ee

t A

re

vie

w o

f ca

sh

an

d c

ash

eq

uiv

ale

nts

ide

ntifie

d t

wo

in

ve

stm

en

ts in

co

rre

ctly c

lassifie

d

(Ex5

8)

inve

stm

en

ts

10

,16

5

ca

sh

10

,16

5

Gro

up

Co

mp

reh

en

siv

e

Inco

me

an

d

exp

en

ditu

re

Inte

rest

receiv

ed

wa

s in

co

rre

ctly c

lassifie

d

(Ex5

3)

81

0

81

0

Co

llectio

n f

un

d (

NN

DR

) A

de

bt

ha

d b

ee

n in

co

rre

ctly w

ritt

en

off

to

th

e

Ge

ne

ral F

un

d (

Ex6

1)

4

72

de

bto

rs

47

2

Page 204

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

5 A

pp

en

dix

4 –

Dra

ft le

tte

r o

f m

an

ag

em

en

t re

pre

se

nta

tio

n

Lo

nd

on

Bo

rou

gh

of

Le

wis

ha

m –

Au

dit

fo

r th

e y

ea

r e

nd

ed

31

Ma

rch

20

12

I co

nfirm

to

th

e b

est

of

my k

no

wle

dg

e a

nd

be

lief,

ha

vin

g m

ad

e a

pp

rop

ria

te e

nq

uir

ies o

f o

the

r D

ire

cto

rs o

f L

ond

on

Bo

rou

gh

of

Le

wis

ha

m,

the

fo

llow

ing

rep

rese

nta

tio

ns g

ive

n t

o y

ou

in

co

nn

ectio

n w

ith

yo

ur

au

dit o

f th

e A

uth

ori

ty’s

fin

an

cia

l sta

tem

en

ts f

or

the

ye

ar

en

de

d 3

1 M

arc

h 2

01

2.

Co

mp

lia

nc

e w

ith

th

e s

tatu

tory

au

tho

riti

es

I h

ave

fu

lfill

ed

my r

esp

on

sib

ility

un

de

r th

e r

ele

va

nt

sta

tuto

ry a

uth

ori

tie

s f

or

pre

pa

rin

g t

he

fin

an

cia

l sta

tem

en

ts in

acco

rda

nce

with

th

e A

cco

un

ts a

nd

Au

dit (

En

gla

nd

) R

eg

ula

tio

ns 2

01

1 a

nd

th

e C

od

e o

f P

ractice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

dom

wh

ich

giv

e a

tru

e a

nd f

air

vie

w o

f

the

fin

an

cia

l p

ositio

n a

nd

fin

an

cia

l pe

rfo

rma

nce

of

the

Au

tho

rity

, fo

r th

e c

om

ple

ten

ess o

f th

e in

form

atio

n p

rovid

ed

to

yo

u,

an

d f

or

ma

kin

g a

ccu

rate

rep

rese

nta

tio

ns t

o y

ou

.

Un

co

rre

cte

d m

iss

tate

me

nts

Th

e e

ffe

cts

of

un

co

rre

cte

d f

ina

ncia

l sta

tem

en

ts m

issta

tem

en

ts s

um

ma

rise

d in

th

e a

tta

ch

ed

sch

ed

ule

are

no

t m

ate

ria

l to

th

e f

ina

ncia

l sta

tem

en

ts,

eith

er

ind

ivid

ua

lly o

r in

ag

gre

ga

te.

Su

pp

ort

ing

re

co

rds

I h

ave

ma

de

ava

ilab

le a

ll re

leva

nt

info

rma

tio

n a

nd

acce

ss t

o p

ers

on

s w

ith

in t

he

Au

tho

rity

fo

r th

e p

urp

ose

of

yo

ur

au

dit.

I ha

ve

pro

pe

rly r

efle

cte

d a

nd

reco

rde

d in

th

e f

ina

ncia

l sta

tem

en

ts a

ll th

e t

ran

sa

ctio

ns u

nde

rta

ke

n b

y t

he

Au

tho

rity

.

Inte

rna

l c

on

tro

l

I h

ave

co

mm

un

ica

ted

to

yo

u a

ll d

eficie

ncie

s in

in

tern

al co

ntr

ol o

f w

hic

h I

am

aw

are

.

Page 205

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

6 Ir

reg

ula

riti

es

I a

ckn

ow

ledg

e m

y r

esp

on

sib

ility

fo

r th

e d

esig

n,

imp

lem

en

tatio

n a

nd

ma

inte

na

nce

of

inte

rna

l co

ntr

ol to

pre

ve

nt

an

d d

ete

ct

fra

ud

or

err

or.

I a

lso

co

nfirm

th

at

I h

ave

dis

clo

se

d:

!

my k

no

wle

dg

e o

f fr

au

d, o

r su

sp

ecte

d f

rau

d,

invo

lvin

g e

ith

er

ma

na

ge

me

nt,

em

plo

ye

es w

ho

ha

ve

sig

nific

an

t ro

les in

inte

rna

l co

ntr

ol or

oth

ers

wh

ere

fra

ud

co

uld

ha

ve

a m

ate

ria

l e

ffe

ct

on

th

e f

ina

ncia

l sta

tem

en

ts;

!

my k

no

wle

dg

e o

f a

ny a

lleg

atio

ns o

f fr

au

d,

or

su

sp

ecte

d f

rau

d,

aff

ectin

g t

he

en

tity

’s f

ina

ncia

l sta

tem

en

ts c

om

mu

nic

ate

d b

y e

mp

loye

es,

form

er

em

plo

ye

es,

an

aly

sts

, re

gu

lato

rs o

r oth

ers

; a

nd

!

the

re

su

lts o

f o

ur

asse

ssm

en

t o

f th

e r

isk t

he

fin

an

cia

l sta

tem

en

ts m

ay b

e m

ate

ria

lly m

issta

ted

as a

re

su

lt o

f fr

au

d.

La

w,

reg

ula

tio

ns

, c

on

tra

ctu

al

arr

an

ge

me

nts

an

d c

od

es

of

pra

cti

ce

I h

ave

dis

clo

se

d t

o y

ou

all

kn

ow

n in

sta

nce

s o

f n

on

-co

mp

lian

ce

, o

r su

sp

ecte

d n

on

-co

mp

lian

ce

with

la

ws,

reg

ula

tio

ns a

nd

cod

es o

f p

ractice

, w

ho

se

eff

ects

sh

ould

be

co

nsid

ere

d w

he

n p

rep

ari

ng

fin

an

cia

l sta

tem

en

ts.

Tra

nsa

ctio

ns a

nd

eve

nts

ha

ve

be

en

ca

rrie

d o

ut

in a

cco

rda

nce

with

la

w,

reg

ula

tio

n o

r o

the

r a

uth

ori

ty.

Th

e A

uth

ori

ty h

as c

om

plie

d w

ith

all

asp

ects

of

co

ntr

actu

al a

rra

ng

em

en

ts t

ha

t co

uld

ha

ve

a m

ate

ria

l e

ffe

ct

on

th

e f

ina

ncia

l sta

tem

en

ts in

th

e e

ve

nt

of

no

n-c

om

plia

nce

.

All

kn

ow

n a

ctu

al o

r p

ossib

le litig

ation

an

d c

laim

s,

wh

ose

effe

cts

sh

ould

be

co

nsid

ere

d w

he

n p

rep

ari

ng

th

e f

ina

ncia

l sta

tem

en

ts,

ha

ve

be

en

dis

clo

se

d

to t

he

au

ditor

an

d a

cco

un

ted

fo

r a

nd d

isclo

se

d in a

cco

rda

nce w

ith

th

e a

pp

lica

ble

fin

an

cia

l re

po

rtin

g f

ram

ew

ork

.

Ac

co

un

tin

g e

sti

ma

tes

in

clu

din

g f

air

va

lue

s

I co

nfirm

th

e r

ea

so

na

ble

ne

ss o

f th

e s

ign

ific

an

t assu

mp

tio

ns u

se

d in

ma

kin

g t

he

accou

ntin

g e

stim

ate

s,

inclu

din

g t

ho

se

me

asu

red

at

fair v

alu

e.

Re

late

d p

art

y t

ran

sa

cti

on

s

I co

nfirm

th

at

I h

ave

dis

clo

se

d t

he

id

en

tity

of

the

Au

tho

rity

’s r

ela

ted

pa

rtie

s a

nd

all

the

re

late

d p

art

y r

ela

tio

nsh

ips a

nd

tra

nsactio

ns o

f w

hic

h I

am

aw

are

. I

ha

ve

ap

pro

pri

ate

ly a

cco

un

ted

fo

r a

nd

dis

clo

se

d s

uch

re

latio

nsh

ips a

nd

tra

nsa

ctio

ns in

acco

rda

nce

with

th

e r

eq

uire

me

nts

of

the

Co

de

.

Su

bs

eq

ue

nt

ev

en

ts

I h

ave

ad

juste

d f

or

or

dis

clo

se

d in t

he

fin

an

cia

l sta

tem

en

ts a

ll re

leva

nt

eve

nts

su

bse

qu

en

t to

th

e d

ate

of

the

fin

an

cia

l sta

tem

en

ts.

Oth

er

ma

tte

rs

I co

nfirm

th

at

I h

ave

pro

vid

ed

co

mp

lete

an

d a

ccu

rate

pro

pe

rty,

pla

nt

an

d e

qu

ipm

en

t re

co

rds a

nd

tha

t th

ese

are

re

co

rde

d in

th

e f

ina

ncia

l sta

tem

en

ts.

Page 206

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

7 I

co

nfirm

th

at

ca

sh

an

d c

ash

eq

uiv

ale

nts

in

clu

de a

ll b

an

k a

cco

un

ts a

nd

tha

t th

ere

are

no

fra

ud

s o

r e

rro

rs n

ot

dis

clo

se

d

I co

nfirm

th

at

all

gro

up

en

titie

s a

re inclu

de

d in

the

Gro

up

Acco

un

ts.

Sig

ne

d o

n b

eh

alf o

f L

ond

on

Bo

rou

gh

of

Le

wis

ha

m

I co

nfirm

th

at

this

le

tte

r ha

s b

ee

n d

iscu

sse

d a

nd

ag

ree

d b

y t

he

Au

dit P

an

el o

n 1

9th S

ep

tem

be

r 2

01

2.

Sig

ne

d

Nam

e

Po

sitio

n

Da

te

Page 207

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

8 A

pp

en

dix

5 –

Glo

ss

ary

A

nn

ua

l A

ud

it L

ett

er

Le

tte

r is

su

ed

by t

he

au

dito

r to

th

e A

uth

ori

ty a

fte

r th

e c

om

ple

tio

n o

f th

e a

ud

it t

ha

t su

mm

ari

se

s t

he

au

dit w

ork

ca

rrie

d o

ut

in th

e p

eri

od

an

d s

ign

ific

ant

issu

es a

risin

g f

rom

au

dito

rs’ w

ork

.

An

nu

al

Go

ve

rna

nc

e R

ep

ort

Th

e a

ud

ito

r’s r

ep

ort

on

ma

tte

rs a

risin

g f

rom

th

e a

ud

it o

f th

e fin

an

cia

l sta

tem

en

ts p

rese

nte

d t

o t

hose

ch

arg

ed

with

go

ve

rna

nce

be

fore

th

e a

ud

ito

r

issu

es th

eir

op

inio

n [

an

d c

on

clu

sio

n].

An

nu

al

Go

ve

rna

nc

e S

tate

me

nt

Th

e a

nn

ua

l re

po

rt o

n t

he

Au

tho

rity

’s s

yste

ms o

f in

tern

al co

ntr

ol th

at

su

ppo

rts t

he

ach

ieve

me

nt

of

the

Au

tho

rity

’s p

olic

ies a

ims a

nd

ob

jective

s.

Au

dit

of

the

ac

co

un

ts

Th

e a

ud

it o

f th

e a

cco

un

ts o

f a

n a

ud

ite

d b

od

y c

om

pri

se

s a

ll w

ork

ca

rrie

d o

ut

by a

n a

ud

ito

r u

nd

er

the

Co

de

to

me

et

the

ir s

tatu

tory

re

sp

on

sib

ilitie

s u

nd

er

the

Au

dit C

om

mis

sio

n A

ct

19

98

.

Au

dit

ed

bo

dy

A b

od

y t

o w

hic

h t

he

Au

dit C

om

mis

sio

n is r

esp

onsib

le f

or

ap

po

intin

g t

he

exte

rna

l a

ud

ito

r.

Au

dit

ing

Pra

cti

ce

s B

oa

rd (

AP

B)

Th

e b

od

y r

esp

on

sib

le in

th

e U

K f

or

issu

ing

au

ditin

g s

tan

da

rds,

eth

ical sta

nd

ard

s a

nd

asso

cia

ted

gu

ida

nce

to

au

dito

rs.

Its o

bje

ctive

s a

re t

o e

sta

blis

h

hig

h s

tan

da

rds o

f a

ud

itin

g t

ha

t m

ee

t th

e d

eve

lop

ing

ne

ed

s o

f u

se

rs o

f fin

an

cia

l in

form

atio

n a

nd

to

en

su

re p

ub

lic c

on

fid

ence

in

th

e a

ud

itin

g p

roce

ss.

Page 208

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

9 A

ud

itin

g s

tan

da

rds

Pro

no

un

ce

me

nts

of

the

AP

B t

ha

t co

nta

in b

asic

pri

ncip

les a

nd

esse

ntia

l p

roce

du

res w

ith

wh

ich

au

dito

rs m

ust co

mp

ly,

exce

pt

wh

ere

oth

erw

ise

sta

ted

in t

he

au

ditin

g s

tan

da

rd c

on

ce

rne

d.

Au

dit

or(

s)

Au

dito

rs a

pp

oin

ted

by t

he

Au

dit C

om

mis

sio

n.

Co

de

(th

e)

Th

e C

od

e o

f A

ud

it P

ractice

fo

r lo

cal g

ove

rnm

en

t b

od

ies issu

ed

by t

he

Au

dit C

om

mis

sio

n a

nd

ap

pro

ve

d b

y P

arl

iam

en

t.

Co

mm

iss

ion

(th

e)

Th

e A

ud

it C

om

mis

sio

n f

or

Lo

ca

l A

uth

ori

tie

s a

nd

th

e N

atio

na

l H

ea

lth

Se

rvic

e in

En

gla

nd

.

Eth

ica

l S

tan

da

rds

Pro

no

un

ce

me

nts

of

the

AP

B t

ha

t co

nta

in b

asic

pri

ncip

les r

ela

tin

g t

o in

de

pe

nd

en

ce

, in

teg

rity

an

d o

bje

ctivity t

ha

t a

pp

ly t

o t

he

co

nd

uct o

f a

ud

its a

nd

with

wh

ich

au

dito

rs m

ust co

mp

ly,

exce

pt

wh

ere

oth

erw

ise

sta

ted

in

th

e s

tan

da

rd c

on

cern

ed

.

Fin

an

cia

l s

tate

me

nts

Th

e a

nn

ua

l sta

tem

en

t o

f a

cco

un

ts t

ha

t th

e A

uth

ori

ty is r

eq

uire

d t

o p

rep

are

, w

hic

h r

epo

rt t

he

fin

ancia

l p

erf

orm

an

ce

an

d f

ina

ncia

l p

ositio

n o

f th

e

Au

tho

rity

in

acco

rda

nce

with

th

e A

cco

un

ts a

nd

Au

dit (

En

gla

nd

) R

eg

ula

tio

ns 2

01

1 a

nd t

he

Co

de

of

Pra

ctice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e

Un

ite

d K

ing

do

m.

Gro

up

ac

co

un

ts

Co

nso

lida

ted

fin

an

cia

l sta

tem

en

ts o

f a

n A

uth

ori

ty a

nd

its

su

bsid

iari

es,

asso

cia

tes a

nd

jo

intly c

on

tro

lled

en

tities.

Inte

rna

l c

on

tro

l

Th

e w

ho

le s

yste

m o

f co

ntr

ols

, fin

ancia

l a

nd

oth

erw

ise

, th

at th

e A

uth

ori

ty e

sta

blis

hes t

o p

rovid

e r

ea

so

na

ble

assu

ran

ce

of

eff

ective

an

d e

ffic

ien

t

op

era

tio

ns,

inte

rna

l fin

ancia

l co

ntr

ol a

nd

co

mp

lian

ce

with

la

ws a

nd

re

gu

latio

ns.

Page 209

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

3

0 M

ate

ria

lity

Th

e A

PB

de

fin

es t

his

co

nce

pt

as ‘a

n e

xp

ressio

n o

f th

e r

ela

tive

sig

nific

an

ce

or

imp

ort

an

ce

of

a p

art

icu

lar

ma

tte

r in

th

e c

on

text

of

the

fin

an

cia

l

sta

tem

en

ts a

s a

wh

ole

. A

ma

tte

r is

ma

teri

al if its

om

issio

n w

ou

ld r

ea

so

na

bly

in

flu

en

ce

th

e d

ecis

ion

s o

f a

n a

dd

resse

e o

f th

e a

ud

ito

r’s r

ep

ort

; lik

ew

ise

a

mis

sta

tem

en

t is

ma

teri

al if it

wo

uld

ha

ve

a s

imila

r in

flu

en

ce

. M

ate

ria

lity m

ay a

lso

be

co

nsid

ere

d in

th

e c

on

text

of

an

y in

div

idu

al p

rim

ary

sta

tem

en

t

with

in t

he

fin

an

cia

l sta

tem

en

ts o

r o

f in

div

idu

al item

s in

clu

de

d in

th

em

. M

ate

ria

lity is n

ot

ca

pa

ble

of g

en

era

l m

ath

em

atica

l de

fin

itio

n,

as it

ha

s b

oth

qu

alit

ative

an

d q

ua

ntita

tive

asp

ects

’.

Th

e t

erm

‘m

ate

ria

lity’ a

pp

lies o

nly

to

th

e f

ina

ncia

l sta

tem

en

ts. A

ud

ito

rs a

pp

oin

ted

by t

he

Co

mm

issio

n h

ave

re

sp

on

sib

ilitie

s a

nd

du

tie

s u

nd

er

sta

tute

,

as w

ell

as t

he

ir r

esp

on

sib

ility

to

giv

e a

n o

pin

ion

on

th

e f

ina

ncia

l sta

tem

en

ts,

wh

ich

do

no

t n

ece

ssari

ly a

ffe

ct

the

ir o

pin

ion

on

th

e f

ina

ncia

l sta

tem

en

ts.

Sig

nif

ica

nc

e

Th

e c

on

ce

pt o

f ‘s

ign

ific

an

ce

’ a

pp

lies to

th

ese

wid

er

resp

on

sib

ilities a

nd

aud

ito

rs a

do

pt a

le

ve

l o

f sig

nific

an

ce t

ha

t m

ay d

iffe

r fr

om

th

e m

ate

ria

lity le

ve

l

ap

plie

d t

o t

he

ir a

ud

it o

f th

e f

ina

ncia

l sta

tem

en

ts.

Sig

nific

an

ce h

as b

oth

qua

lita

tive

an

d q

ua

ntita

tive

asp

ects

.

Th

os

e c

ha

rge

d w

ith

go

ve

rna

nc

e

Th

ose

en

truste

d w

ith

the

su

pe

rvis

ion

, co

ntr

ol a

nd

dir

ectio

n o

f th

e A

uth

ori

ty.

Th

is t

erm

in

clu

de

s t

he

me

mb

ers

of

the

Au

tho

rity

an

d its

Au

dit P

an

el.

Wh

ole

of

Go

ve

rnm

en

t A

cc

ou

nts

A p

roje

ct

lead

ing

to

a s

et o

f co

nso

lida

ted

acco

unts

fo

r th

e e

ntire

UK

pu

blic

se

cto

r o

n c

om

me

rcia

l a

cco

un

tin

g p

rin

cip

les.

Th

e A

uth

ori

ty m

ust

su

bm

it a

co

nso

lida

tion

pa

ck t

o t

he

de

pa

rtm

en

t fo

r C

om

mu

nitie

s a

nd

Lo

ca

l G

ove

rnm

en

t w

hic

h is b

ase

d o

n,

bu

t se

pa

rate

fro

m,

its f

ina

ncia

l sta

tem

en

ts.

Page 210

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

3

1 A

pp

en

dix

6 –

Ac

tio

n p

lan

Re

co

mm

en

da

tio

ns

Re

co

mm

en

da

tio

n 1

Fu

lly im

ple

me

nt

the

RA

M s

yste

m a

nd

te

st

it t

o e

nsu

re t

ha

t it is c

ap

able

of

pro

vid

ing

accu

rate

and

tim

ely

in

form

atio

n t

o s

up

po

rt t

he

en

trie

s m

ad

e in

the

fin

an

cia

l sta

tem

en

ts.

Re

sp

on

sib

ilit

y

Gro

up

Fin

an

ce

Ma

na

ge

r A

cco

un

tin

g a

nd

Ca

pita

l

Pri

ori

ty

Me

diu

m

Da

te2

01

2/1

3 A

cco

un

ts

Co

mm

en

tsW

e w

ill s

et u

p a

wo

rk s

tre

am

to

re

vie

w a

nd

im

pro

ve

th

is a

rea

Re

co

mm

en

da

tio

n 2

Ca

rry o

ut

a f

ull

revie

w o

f th

e b

an

k r

eco

ncili

atio

n p

roce

ss t

o e

nsu

re t

ha

t th

ere

is a

str

uctu

red

ap

pro

ach

to

co

mp

letin

g t

his

con

tro

l in

a t

ime

ly m

an

ne

r.

Re

sp

on

sib

ilit

y

He

ad

of

Fin

an

ce

Sh

are

d S

erv

ice

s

Pri

ori

ty

Hig

h

Da

teO

cto

be

r 2

01

2

Co

mm

en

tsW

e w

ill u

rgen

tly s

et

up

a w

ork

str

eam

to

re

vie

w a

nd

im

pro

ve

th

is a

rea

Page 211

If y

ou

re

qu

ire

a c

op

y o

f th

is d

ocu

me

nt

in a

n a

lte

rna

tive

fo

rma

t o

r in

a la

ng

ua

ge

oth

er

tha

n E

ng

lish

, p

lea

se

ca

ll:

08

44

79

8 7

07

0

© A

ud

it C

om

mis

sio

n 2

01

2.

De

sig

n a

nd

pro

du

ctio

n b

y t

he

Au

dit C

om

mis

sio

n P

ub

lish

ing

Te

am

.

Ima

ge

co

pyri

gh

t ©

Au

dit C

om

mis

sio

n.

Th

e S

tate

me

nt

of

Re

sp

on

sib

ilitie

s o

f A

ud

ito

rs a

nd

Au

dite

d B

od

ies issue

d b

y t

he

Au

dit C

om

mis

sio

n e

xp

lain

s t

he

re

sp

ective

re

sp

on

sib

ilitie

s o

f a

ud

ito

rs

an

d o

f th

e a

ud

ite

d b

od

y.

Re

po

rts p

rep

are

d b

y a

pp

oin

ted

au

dito

rs a

re a

dd

resse

d t

o n

on

-exe

cu

tive

dir

ecto

rs,

me

mb

ers

or

off

ice

rs.

Th

ey a

re p

rep

are

d

for

the

so

le u

se

of

the

au

dite

d b

od

y.

Au

dito

rs a

cce

pt

no

re

spo

nsib

ility

to

:

!

an

y d

ire

cto

r/m

em

be

r o

r o

ffic

er

in t

heir

in

div

idu

al ca

pa

city;

or

!

an

y t

hir

d p

art

y.

ww

w.a

ud

it-c

om

mis

sio

n.g

ov

.uk

S

ep

tem

be

r 2

01

2

Page 212

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

An

nu

al

go

ve

rna

nc

e

rep

ort

Lo

nd

on

Bo

rou

gh

of

Lew

ish

am

Pen

sio

n F

un

d

Au

dit

2011/1

2

Page 213

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

Co

nte

nts

Ke

y m

es

sa

ge

s..

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

...3

Au

dit o

pin

ion

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

..3

Fin

an

cia

l sta

tem

en

ts..

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

3

Be

fore

I g

ive

my o

pin

ion

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

......

....

....

....

....

....

....

....

....

..4

Fin

an

cia

l s

tate

me

nts

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

......

....

....

....

....

....

....

....

....

....

5

Fe

es

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

......

....

....

....

....

....

....

....

....

....

....

....

..1

2

Ap

pe

nd

ix 1

– D

raft

in

de

pe

nd

en

t a

ud

ito

r’s

re

po

rt..

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

13

Ap

pe

nd

ix 2

– C

orr

ec

ted

err

ors

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

16

Ap

pe

nd

ix 3

– D

raft

le

tte

r o

f m

an

ag

em

en

t re

pre

se

nta

tio

n..

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

......

....

....

.18

Ap

pe

nd

ix 4

– G

los

sa

ry..

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

......

....

....

....

....

....

....

....

....

.21

Ap

pe

nd

ix 5

– A

cti

on

pla

n..

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

....

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....

....

....

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....

....

....

....

...2

4

Page 214

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

3

Ke

y m

es

sa

ge

s

Th

is r

ep

ort

su

mm

ari

ses t

he f

ind

ing

s f

rom

my 2

011/1

2 a

ud

it o

f th

e p

en

sio

n f

un

d f

inan

cia

l

sta

tem

en

ts w

hic

h is s

ub

sta

nti

ally c

om

ple

te.

Au

dit

op

inio

n

My w

ork

is n

ow

su

bsta

ntia

lly c

om

ple

te.

Su

bje

ct

to t

he

re

ma

inin

g ite

ms d

eta

iled

on

pa

ge

5,

an

d t

he

co

mp

letio

n o

f re

vie

w p

roce

du

res I

pla

n t

o issu

e a

n

au

dit r

ep

ort

on

th

e C

ou

ncil’

s f

ina

ncia

l sta

tem

en

ts t

ha

t in

clu

des a

n u

nq

ua

lifie

d o

pin

ion

on

th

e p

en

sio

n f

un

d f

inan

cia

l sta

tem

en

ts.

I a

m a

lso

re

qu

ire

d t

o issu

e a

n o

pin

ion

on

th

e f

inan

cia

l sta

tem

en

ts in

clu

ded

in

th

e p

ensio

n f

un

d a

nn

ua

l re

po

rt a

nd

ap

pe

nd

ix 1

con

tain

s a

co

py o

f m

y

dra

ft a

ud

it r

ep

ort

. I

ha

ve

no

t ye

t re

ce

ive

d t

he

pe

nsio

n f

un

d a

nn

ua

l re

po

rt b

ut

the

Co

un

cil

ha

s a

gre

ed

th

at

this

will

be

pro

vid

ed

by t

he

20

Se

pte

mb

er

so

tha

t I

am

ab

le t

o c

om

ple

te m

y a

ud

it b

y 3

0 S

ep

tem

be

r 2

01

2.

Fin

an

cia

l s

tate

me

nts

Th

e C

ou

ncil

pro

vid

ed

a s

et

of

wo

rkin

g p

ap

ers

at th

e b

eg

inn

ing

of

the

aud

it a

nd

th

e q

ua

lity o

f th

e w

ork

ing

pa

pe

rs h

ad

im

pro

ve

d s

ince

th

e p

rio

r ye

ar.

Th

ere

are

so

me

are

as w

he

re t

he

qu

alit

y o

f w

ork

ing

pa

pe

rs c

an

be

fu

rthe

r im

pro

ve

d n

ext

ye

ar

an

d I

will

ag

ree

my r

eco

mm

en

da

tio

ns t

hro

ug

h m

y

acco

un

ts r

ep

ort

to

ma

na

ge

me

nt.

Th

e C

ou

ncil

resp

on

de

d t

o q

ue

rie

s a

nd f

urt

he

r re

qu

ests

fo

r w

ork

ing

pa

pe

rs p

rom

ptly d

uri

ng

th

e a

ud

it.

I w

ish

to

tha

nk

the

sta

ff f

or

the

ir c

o-o

pe

ratio

n d

uri

ng

th

e a

ud

it.

Du

rin

g t

he

au

dit I

fo

un

d th

at

the

dra

ft p

en

sio

n f

und

fin

an

cia

l sta

tem

en

ts c

on

tain

ed

tw

o m

ate

ria

l e

rro

rs w

ith

in t

he

no

tes a

nd

a n

um

be

r o

f co

mp

ara

tive

no

tes w

ere

om

itte

d f

rom

th

e o

rig

ina

l d

raft

(re

fer

to a

pp

en

dix

2 f

or

de

tails

). T

he

re w

ere

als

o a

num

be

r o

f n

on

tri

via

l a

nd

trivia

l e

rro

rs in

th

e d

raft

fin

an

cia

l sta

tem

en

ts.

All

of

the

se

ite

ms w

ere

am

en

de

d d

uri

ng

th

e a

ud

it.

I w

ill r

ep

ort

an

y f

urt

he

r fin

din

gs t

o t

he

Au

dit P

an

el b

efo

re I

issu

e m

y o

pin

ion

.

Page 215

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

4

Be

fore

I g

ive

my

op

inio

n

My r

ep

ort

in

clu

des o

nly

matt

ers

of

go

vern

an

ce in

tere

st

that

have c

om

e t

o m

y a

tten

tio

n in

perf

orm

ing

my a

ud

it. I h

ave n

ot

desig

ned

my a

ud

it t

o id

en

tify

all m

att

ers

th

at

mig

ht

be r

ele

van

t

to y

ou

.

Ind

ep

en

de

nc

e

I ca

n c

on

firm

th

at

I h

ave

co

mp

lied

with

th

e A

ud

itin

g P

ractice

s B

oa

rd's

eth

ica

l sta

nda

rds f

or

au

dito

rs,

inclu

din

g E

S 1

(re

vis

ed

) –

In

tegrity

, O

bje

ctivity

an

d I

nd

ep

end

en

ce

.

I a

m n

ot

aw

are

of

an

y r

ela

tio

nsh

ips th

at

ma

y a

ffe

ct

the

in

dep

en

de

nce

an

d o

bje

ctivity o

f th

e A

ud

it C

om

mis

sio

n,

the

au

dit te

am

or

me

, th

at

I a

m

req

uir

ed

by a

ud

itin

g a

nd e

thic

al sta

nd

ard

s t

o r

epo

rt t

o y

ou

.

I a

sk

th

e A

ud

it P

an

el

to:

!

take

no

te o

f th

e a

dju

stm

en

ts t

o t

he

fin

an

cia

l sta

tem

en

ts in

clu

de

d in

th

is r

ep

ort

be

fore

th

e C

ou

ncil

ap

pro

ve

s th

e f

ina

ncia

l sta

tem

en

ts (

Ap

pe

nd

ix 2

);

!

co

nsid

er

the m

att

ers

ra

ise

d in

th

e r

epo

rt b

efo

re a

pp

rovin

g t

he

fin

an

cia

l sta

tem

en

ts (

pa

ge

s 5

to

9);

an

d

!

co

nsid

er

the le

tte

r o

f re

pre

se

nta

tio

n b

efo

re it

is a

pp

rove

d o

n b

eh

alf o

f th

e C

ou

ncil

an

d b

efo

re I

issu

e m

y o

pin

ion

an

d c

on

clu

sio

n.

Page 216

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

5

Fin

an

cia

l s

tate

me

nts

T

he P

en

sio

n F

un

d f

inan

cia

l sta

tem

en

ts a

re a

n im

po

rtan

t m

ech

an

ism

fo

r th

e C

ou

ncil t

o a

cco

un

t

for

its s

tew

ard

sh

ip o

f p

ub

lic f

un

ds. A

s M

em

bers

yo

u h

ave f

inal re

sp

on

sib

ilit

y f

or

these

sta

tem

en

ts. It

is im

po

rtan

t th

at

yo

u c

on

sid

er

my f

ind

ing

s b

efo

re y

ou

ad

op

t th

e f

inan

cia

l

sta

tem

en

ts.

Op

inio

n o

n t

he

fin

an

cia

l s

tate

me

nts

Su

bje

ct

to s

atisfa

cto

ry c

lea

ran

ce

of

ou

tsta

nd

ing

ma

tte

rs b

elo

w,

I p

lan

to

issu

e a

n a

udit r

ep

ort

in

clu

din

g a

n u

nq

ua

lifie

d o

pin

ion

on

th

e fin

an

cia

l

sta

tem

en

ts o

f th

e p

en

sio

n f

un

d.

Ap

pe

nd

ix 1

co

nta

ins a

co

py o

f m

y d

raft

re

po

rt.

My w

ork

on

th

e f

ina

ncia

l sta

tem

en

ts is n

ot

ye

t co

mp

lete

. I

ha

ve

rece

ive

d s

om

e r

esp

on

se

s t

o q

ue

ries r

ais

ed

, h

ow

eve

r I

ha

ve

no

t ye

t co

mp

lete

d:

!

my r

evie

w o

f th

e p

en

sio

n f

un

d a

nn

ua

l re

po

rt (

not

ye

t re

ce

ive

d);

!

my t

estin

g o

f th

e lu

mp

su

m p

aym

en

ts;

!

my r

evie

w o

f th

e a

dm

itte

d a

nd

sch

edu

led

bo

die

s c

on

trib

utio

ns;

!

inve

stm

en

t in

co

me

te

stin

g;

an

d

!

my f

ina

l re

vie

w o

f th

e r

evis

ed

se

t o

f a

cco

un

ts (

inclu

din

g n

ew

no

tes p

rovid

ed

by t

he

Co

un

cil)

.

Su

bje

ct

to t

he

re

ce

ipt

and

re

vie

w o

f re

sp

on

se

s t

o o

uts

tan

din

g q

ue

rie

s a

nd f

urt

he

r in

tern

al re

vie

ws,

my t

ea

m m

ay r

ais

e f

urt

he

r a

ud

it q

ueri

es.

Co

rre

cte

d e

rro

rs

Th

ere

we

re t

wo

am

en

dm

en

ts t

o t

he

acco

un

ts t

ha

t h

ad

an

im

pa

ct

on

th

e v

alu

e o

f in

ve

stm

en

ts d

isclo

se

d o

n th

e N

et

Asse

ts S

tate

me

nt.

Th

e t

ota

l im

pa

ct

of

the

se

am

en

dm

en

ts w

as a

n in

cre

ase

in

th

e v

alu

e o

f in

ve

stm

en

ts (

£2

mill

ion

) o

n t

he N

et

Asse

ts S

tate

me

nt

an

d a

co

rre

spo

nd

ing

in

cre

ase

in

th

e

ch

an

ge

ma

rke

t va

lue

in

th

e f

un

d a

cco

un

t. T

he

ad

justm

en

ts a

re s

et

ou

t be

low

.

!

Ha

rbo

urv

est

pri

va

te e

qu

ity in

ve

stm

en

ts.

Du

e t

o tim

ing

, th

e c

usto

dia

n r

epo

rt u

se

d b

y t

he

Co

un

cil

in p

rep

ari

ng

th

e a

cco

un

ts w

as d

ate

d a

s a

t

De

ce

mb

er

20

11

in

ste

ad

of

at

31

Ma

rch

20

12

an

d t

he

refo

re I

fo

un

d a

dis

cre

pa

ncy b

etw

ee

n t

he

acco

un

ts a

nd

th

e e

xte

rna

l fu

nd

ma

na

ge

r

co

nfirm

atio

n I

re

ce

ive

d o

f £

2.2

24

mill

ion

.

Page 217

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

6

!

M&

G in

ve

stm

en

ts.

Du

e t

o t

imin

g,

the

cu

sto

dia

n r

ep

ort

use

d b

y t

he

Co

un

cil

in p

rep

arin

g t

he

accou

nts

wa

s d

ate

d a

s a

t S

ep

tem

be

r 2

01

1 in

ste

ad

of

31

Ma

rch

20

12

an

d t

he

refo

re I

fo

und

a d

iscre

pan

cy b

etw

ee

n t

he

acco

un

ts a

nd

th

e e

xte

rna

l co

nfirm

atio

n I

re

ce

ive

d f

rom

th

e in

ve

stm

en

t m

an

ag

er

of

£2

60

,00

0.

Th

ere

we

re t

wo

ma

teri

al a

me

nd

me

nts

ma

de

to

No

te 5

in

th

e a

cco

un

ts. T

he

se

am

en

dm

en

ts d

id n

ot

aff

ect

the

Ne

t A

sse

ts S

tate

me

nt

no

r th

e F

un

d

Acco

un

t.

!

Th

e C

ou

ncil

am

en

de

d t

he

fin

an

cia

l in

str

um

en

t d

isclo

su

re (

No

te 5

) fo

r b

oth

th

e c

urr

en

t a

nd

th

e p

rior

ye

ar

to r

efle

ct

the

CO

DE

gu

ida

nce

in

20

12

.

Th

e a

sse

ts (

£7

66

mill

ion)

we

re r

e-c

ate

go

rise

d f

rom

be

ing

asse

ts ‘a

va

ilab

le f

or

sa

le’ to

asse

ts ‘h

eld

th

rou

gh

pro

fit

an

d lo

ss’; a

nd

!

Th

e C

ou

ncil

inclu

de

d c

ash

(£

9.7

mill

ion

) a

s a

sep

ara

te c

lass o

f F

ina

ncia

l A

sse

ts w

ith

in N

ote

5,

wh

en

th

ey s

ho

uld

be

cla

ssifie

d u

nd

er

'Lo

an

s a

nd

Re

ce

iva

ble

s'. B

oth

th

e c

urr

en

t a

nd

th

e p

rio

r ye

ar

dis

clo

su

res w

ere

up

da

ted

to

re

fle

ct th

e c

orr

ect cla

ssific

ation

.

A n

um

be

r o

f n

ote

s w

ere

om

itte

d f

rom

th

e f

irst

ve

rsio

n o

f th

e a

cco

un

ts a

nd t

he

se

ha

ve

be

en

ad

de

d to

th

e f

ina

ncia

l sta

tem

ents

. A

nu

mb

er

of

no

n t

rivia

l

am

en

dm

en

ts w

ere

als

o m

ad

e t

o n

ote

s t

o t

he

acco

un

ts b

ut

the

se

am

en

dm

en

ts r

ela

te t

o t

he

dis

clo

su

re n

ote

s o

nly

an

d t

he

re w

as n

o im

pa

ct

on

th

e N

et

Asse

ts S

tate

me

nt

no

r th

e F

un

d A

cco

un

t.

Dis

clo

su

re is

su

e

Th

e C

OD

E r

eq

uir

es t

he

pe

nsio

n f

und

ke

y m

an

ag

em

en

t’s p

ost-

em

plo

ym

en

t b

en

efits

to

be

dis

clo

se

d in

th

e p

en

sio

n f

un

d a

cco

un

ts.

The

Co

un

cil

has

no

t d

isclo

sed

th

e p

ost

em

plo

ym

en

t b

en

efits

of

the

ke

y m

an

ag

em

en

t p

ers

on

ne

l (t

he

Exe

cu

tive

Dir

ecto

r fo

r R

eso

urc

es a

nd R

eg

en

era

tio

n)

with

in t

he

no

te t

o t

he

acco

un

ts.

Sig

nif

ica

nt

ris

ks

an

d m

y f

ind

ing

s

I re

po

rte

d t

o y

ou

in

my J

un

e A

ud

it P

lan

th

e s

ign

ific

an

t ri

sks t

ha

t I

ide

ntified

re

leva

nt

to m

y a

ud

it o

f yo

ur

fin

an

cia

l sta

tem

ents

. In

ta

ble

1, I

rep

ort

to

yo

u

my f

ind

ing

s a

ga

inst

ea

ch

of

the

se

ris

ks.

In a

dditio

n,

I re

po

rt to

yo

u m

y f

ind

ing

s o

n t

estin

g t

he

fa

ir v

alu

e d

isclo

su

re w

ith

in t

he

acco

un

ts.

Page 218

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

7

Ta

ble

1:

Ris

ks

an

d f

ind

ing

s

Ris

kF

ind

ing

Pe

ns

ion

fu

nd

ba

nk

ac

co

un

t re

gu

lati

on

s

Lo

ca

l G

ove

rnm

en

t P

en

sio

n S

ch

em

e R

eg

ula

tio

ns 2

00

9

req

uir

e t

ha

t fr

om

1 A

pri

l 2

01

1 p

en

sio

n f

un

d

ad

min

iste

ring

au

tho

ritie

s s

ho

uld

ho

ld a

ll p

en

sio

n fu

nd

mo

nie

s in

a s

ep

ara

te b

an

k a

cco

un

t to

th

e a

dm

inis

teri

ng

au

tho

rity

’s fu

nd

s.

Ina

pp

rop

ria

te a

lloca

tio

n o

f fu

nds w

he

n

esta

blis

hin

g th

e s

ep

ara

te p

en

sio

n f

und

ba

nk a

ccou

nt

cre

ate

s a

ud

it r

isks in

re

sp

ect

of

exis

ten

ce

an

d

co

mp

lete

ne

ss.

Th

ere

is a

ris

k t

ha

t th

e C

ou

ncil

will

co

ntr

ave

ne

th

e r

eq

uir

em

en

ts o

f th

e R

eg

ula

tio

ns.

I re

vie

we

d t

he

pe

nsio

n fu

nd

ca

sh

syste

m a

nd

th

e r

ela

ted

con

tro

ls.

I re

vie

we

d t

he

op

en

ing

ba

nk b

ala

nce

at

1 A

pri

l 2

01

1 t

o c

on

firm

th

at

it w

as e

qu

al to

th

e c

losin

g n

otio

na

l b

ala

nce

(ba

nk a

nd

ca

sh

fig

ure

in t

he

20

10

/11 N

et

Asse

ts S

tate

me

nt)

as a

t 3

1 M

arc

h 2

01

1.

I fo

un

d

tha

t th

e c

orr

ect

op

en

ing

ba

lan

ce

ha

d b

ee

n b

rou

gh

t fo

rwa

rd f

or

use

in

th

e b

an

k

reco

ncili

ation

an

d I

fo

und

no

issu

es w

ith

th

e c

ash

bo

ok r

econ

cili

atio

n n

or

the

ca

sh

ba

lan

ce

in t

he

fin

an

cia

l sta

tem

ents

.

Ho

we

ve

r th

e C

ou

ncil

has n

ot

be

en

usin

g t

he

new

ba

nk a

ccou

nt

in lin

e w

ith

th

e r

eg

ula

tio

ns

tha

t ca

me

in

to f

orc

e f

rom

1 A

pri

l 2

01

1.

!

Th

e p

en

sio

n f

un

d b

an

k a

cco

un

t h

as b

ee

n u

se

d p

art

ially

du

ring

20

11

/12

an

d o

nly

sin

ce

Ja

nu

ary

20

12

. It

ha

s b

een

use

d f

or

a s

ma

ll n

um

be

r o

f tr

an

sa

ctio

ns r

ela

ting

to

fo

reig

n

pe

nsio

ne

r pa

ym

en

ts,

pa

ym

en

t o

f b

ills a

nd

th

e d

raw

do

wn

of

inve

stm

en

t ca

sh

.

!

Th

e C

ou

ncil

ha

s b

ee

n u

sin

g t

he

its

ma

in b

an

k a

cco

un

t fo

r a

ll o

the

r p

en

sio

n r

ela

ted

pa

ym

en

ts a

nd

re

ce

ipts

an

d it

su

bseq

ue

ntly m

ad

e t

ran

sfe

rs fro

m t

he

pe

nsio

n f

un

d b

an

k

acco

un

t d

uri

ng

th

e la

st

qu

art

er

in t

he f

ina

ncia

l ye

ar.

!

At

ye

ar

en

d t

he

pe

nsio

n fu

nd

ow

ed

Le

wis

ha

m C

ou

ncil

£1

.4 m

illio

n t

ha

t is

dis

clo

se

d a

s

a c

red

ito

r in

th

e p

en

sio

n fu

nd

acco

unts

.

I m

ad

e a

re

co

mm

en

da

tio

n in

bo

th m

y A

nn

ua

l G

ove

rna

nce

Re

po

rt a

nd

my A

nn

ua

l A

ud

it

Le

tte

r in

20

10

/11

th

at

the C

ou

ncil

sh

ou

ld e

nsu

re th

at

the

pe

nsio

n f

un

d b

ank a

cco

un

t is

use

d f

or

all

pe

nsio

n r

ela

ted

tra

nsa

ctio

n.

Th

e C

ou

ncil

ag

ree

d to

th

is r

eco

mm

en

da

tio

n

ho

we

ve

r th

e C

ou

ncil

ha

s n

ot

ye

t im

ple

me

nte

d t

he

re

sp

on

se

. I h

ave

re

pe

ate

d m

y

reco

mm

en

da

tio

n w

ith

in th

is r

ep

ort

. T

he

Co

un

cil

sh

ou

ld a

ct

pro

mp

tly in

ord

er

to c

om

ply

with

th

e r

eg

ula

tio

ns.

Page 219

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

8

Ris

kF

ind

ing

Un

qu

ote

d i

nv

es

tme

nts

Th

e v

alu

atio

n o

f u

nq

uo

ted

in

ve

stm

en

ts is p

ote

ntia

lly a

ve

ry c

om

ple

x a

rea

. T

he

pe

nsio

n f

und

ha

s a

ma

teri

al

am

ou

nt

of

un

qu

ote

d in

ve

stm

en

ts.

Th

ere

are

ris

ks

aro

un

d a

ccura

te v

alu

atio

n a

t ye

ar-

en

d.

I re

vie

we

d t

he

syste

ms a

nd

co

ntr

ols

in

pla

ce

to

acco

un

t fo

r th

e in

ve

stm

en

t tr

an

sa

ction

s

an

d I

ha

ve

no

issu

es t

o r

ep

ort

.

I re

vie

we

d t

he

un

qu

ote

d in

ve

stm

en

ts d

isclo

se

d in

th

e a

cco

un

ts a

t ye

ar

en

d.

I fo

un

d tw

o

issu

es th

at h

ave

be

en

ou

tlin

ed

on

pa

ge

6 o

f th

is r

ep

ort

. B

oth

of

the

se

am

en

dm

en

ts h

ave

be

en

ma

de

in

th

e a

cco

un

ts s

o t

ha

t th

e s

tate

me

nts

re

fle

ct

the 3

1 M

arc

h 2

01

2 v

alu

atio

ns.

Th

e o

ve

rall

imp

act

of

this

ad

justm

ent

wa

s a

n in

cre

ase

in

va

lue

of

inve

stm

en

ts o

n t

he

Ne

t

Asse

ts S

tate

me

nt

of

£2

mill

ion

(a

nd

co

rre

sp

on

din

g in

cre

ase

in

ma

rke

t va

lue

in

th

e f

un

d

acco

un

t).

Ne

w p

ayro

ll s

ys

tem

Th

ere

wa

s a

ne

w p

ayro

ll syste

m in

tro

du

ce

d b

y t

he

Co

un

cil

in 2

01

1/1

2.

Th

e p

ayro

ll syste

m is lin

ke

d to

th

e

pe

nsio

n f

und

th

rou

gh

the

co

ntr

ibu

tion

s a

nd

th

e b

en

efits

pa

ym

en

ts.

Th

ere

is a

n inh

ere

nt

risk w

ith

th

e in

tro

du

ctio

n

of

an

y n

ew

syste

m d

ue

to

th

e t

ran

sfe

r o

f d

ate

tha

t

pa

ym

en

ts c

ou

ld b

e in

accu

rate

.

I re

vie

we

d t

he

pa

yro

ll syste

m a

nd

co

ntr

ols

in

pla

ce

su

rro

und

ing

co

ntr

ibu

tio

ns a

nd

be

ne

fits

tra

nsa

ctio

ns.

I a

lso

up

date

d m

y t

estin

g s

tra

teg

y t

o s

ele

ct

a s

am

ple

of

co

ntr

ibu

tio

ns a

nd

be

ne

fits

fo

r d

eta

iled

te

stin

g.

I h

ave

no

issu

es t

o r

ep

ort

fro

m t

his

te

stin

g.

I re

vie

we

d t

he

re

su

lts o

f th

e n

ew

pa

yro

ll syste

m t

estin

g u

nd

ert

ake

n u

nd

er

the

ma

in a

ud

it

an

d I

fo

un

d th

at

reco

rds o

f th

e m

igra

tio

n o

f fin

an

cia

l in

form

atio

n f

rom

th

e o

ld p

ayro

ll

syste

m t

o t

he

ne

w s

yste

ms w

ere

no

t ke

pt b

y t

he

Co

un

cil.

I c

arr

ied

ou

t a

dd

itio

na

l

pro

ce

du

res to

ob

tain

ad

eq

ua

te a

ud

it e

vid

en

ce

to

sa

tisfy

myse

lf t

ha

t yo

ur

fin

an

cia

l

sta

tem

en

ts a

re m

ate

ria

lly c

orr

ect.

Pe

ns

ion

fu

nd

ac

co

un

ts p

rep

ara

tio

n a

rra

ng

em

en

ts

Th

ere

we

re s

eve

ral e

rro

rs id

en

tified

du

rin

g t

he

au

dit o

f

the

acco

un

ts in

th

e p

rio

r ye

ar

du

e t

o t

he

ch

an

ge

in

sta

ff

pre

pa

rin

g t

he

acco

un

ts. A

ne

w t

ea

m w

ill b

e p

repa

rin

g

the

acco

un

ts in

20

11

/12 a

nd

th

ere

is a

n in

he

ren

t ri

sk

tha

t th

ere

are

err

ors

.

I re

vie

we

d t

he

arr

an

ge

me

nts

in

pla

ce

to

pre

pa

re t

he

acco

un

ts in

20

11

/12

.

Th

e p

en

sio

n f

un

d t

ea

m w

ork

ed

ha

rd t

o r

esp

on

d to

au

dit q

ue

rie

s p

rom

ptly a

nd

to

pre

pa

re

wo

rkin

g p

ap

ers

be

fore

th

e a

ud

it b

ega

n.

Th

e a

cco

un

ts w

ere

su

bm

itte

d o

n t

ime

an

d t

he

re

wa

s a

re

du

ctio

n in

th

e len

gth

of

the

au

dit in

20

11

/12

.

I fo

un

d a

num

be

r o

f n

on

tri

via

l e

rro

rs h

ow

eve

r th

e C

ou

ncil

has c

orr

ecte

d a

ll o

f th

ese

in

th

e

fin

al d

raft

of th

e a

cco

un

ts.

Fa

ir v

alu

e d

isc

los

ure

of

the

in

ve

stm

en

ts

Th

ere

is a

n in

he

ren

t ri

sk th

at

inve

stm

en

ts d

isclo

se

d in

the

Ne

t A

sse

ts S

tate

me

nt

are

no

t a

t d

isclo

se

d f

air

va

lue

.

Du

rin

g t

he

au

dit I

ob

tain

exte

rna

l fu

nd

ma

na

ge

r co

nfirm

atio

ns f

or

the

va

lue

of

inve

stm

en

ts

dis

clo

se

d in

th

e N

et

Asse

ts S

tate

me

nt.

I h

ave

th

e f

ollo

win

g issu

es t

o r

epo

rt.

I fo

un

d t

ha

t th

e in

ve

stm

en

ts d

isclo

sed

we

re m

ate

ria

lly c

orr

ect h

ow

eve

r I

fou

nd

th

ree

dis

cre

pa

ncie

s b

etw

ee

n t

he

Ne

t A

sse

ts S

tate

me

nt

an

d t

he

exte

rna

l co

nfirm

atio

n f

rom

th

e

fun

d m

an

ag

er,

or

the

exte

rna

l p

ricin

g s

ou

rce

.

Page 220

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

9

Ris

kF

ind

ing

!

Ha

rbo

urv

est

Eq

uity:

I co

mp

are

d t

he

pri

ce

of

the

asse

t u

se

d b

y t

he

cu

sto

dia

n t

o t

he

Lo

nd

on

Sto

ck E

xch

an

ge

. T

he

re w

as a

n o

ve

rall

diffe

ren

ce

of £

12

5,0

00

wh

en

th

e p

rice

diffe

ren

ce

wa

s a

pp

lied

to

th

e t

ota

l in

ve

stm

en

t (t

he

va

lue

of

the

in

ve

stm

en

ts in

th

e

acco

un

ts w

as lo

we

r).

!

Sch

rod

ers

in

ve

stm

en

ts:

I fo

un

d a

diffe

ren

ce

of

£2

18

,00

0 b

etw

ee

n t

he

Fu

nd

Ma

na

ge

r

Re

po

rt a

nd

th

e C

usto

dia

n R

ep

ort

(th

e v

alu

e o

f th

e in

ve

stm

en

ts in

th

e a

cco

un

ts w

as

low

er)

.

!

UB

S-

Bo

nd

Fu

nd

s.

I fo

un

d a

diffe

rence

be

twe

en

th

e F

un

d M

an

ag

er

Re

po

rt a

nd

th

e

Acco

un

ts/C

usto

dia

n R

ep

ort

(th

e v

alu

e in

th

e a

cco

un

ts w

as h

igh

er

by £

23

4,0

00

).

Th

e C

ou

ncil

co

nfirm

ed

th

at

in s

om

e c

ase

s t

he

price

s d

iffe

r slig

htly t

o t

he

In

ve

stm

en

t

ma

na

ge

r va

lua

tio

n d

ue

to

va

rio

us f

acto

rs in

clu

din

g p

ricin

g s

ou

rce

s a

nd

me

tho

ds.

I h

ave

ad

de

d t

he

se t

hre

e d

iscre

pa

ncie

s t

o th

e le

tte

r o

f re

pre

se

nta

tion

(a

pp

en

dix

3).

Re

co

mm

en

da

tio

n

R1

En

su

re t

ha

t th

e p

en

sio

n fu

nd

ba

nk a

cco

un

t is

use

d f

or

all

pen

sio

n f

un

d t

ran

sa

ctio

ns in

lin

e w

ith

the

re

gu

latio

ns.

Sig

nif

ica

nt

we

ak

ne

ss

es

in

in

tern

al

co

ntr

ol

It is t

he

re

spo

nsib

ility

of

the

Co

un

cil

to d

eve

lop

an

d im

ple

me

nt

syste

ms o

f in

tern

al fin

an

cia

l con

tro

l a

nd

to

put

in p

lace

pro

pe

r a

rra

ng

em

en

ts t

o m

on

ito

r

the

ir a

de

qu

acy a

nd

eff

ective

ne

ss in

pra

ctice

. M

y r

esp

on

sib

ility

as y

ou

r a

ud

ito

r is

to

co

nsid

er

wh

eth

er

the

Co

un

cil

ha

s p

ut

ad

eq

ua

te a

rra

ng

em

en

ts in

pla

ce

to

sa

tisfy

its

elf t

ha

t th

e s

yste

ms o

f in

tern

al fin

an

cia

l co

ntr

ol a

re b

oth

ad

eq

ua

te a

nd

eff

ective

in

pra

ctice.

I h

ave

te

ste

d t

he

co

ntr

ols

of

the

Pe

nsio

n F

un

d o

nly

to

th

e e

xte

nt

ne

ce

ssa

ry f

or

me

to

co

mp

lete

my a

ud

it.

I a

m n

ot

exp

ressin

g a

n o

pin

ion

on

th

e o

ve

rall

eff

ective

ne

ss o

f in

tern

al co

ntr

ol. I

re

po

rte

d m

y f

ind

ing

s in

my a

ud

it p

lan

tha

t w

as p

rese

nte

d t

o y

ou

in

Ju

ne

an

d I

ha

ve

no

t re

pe

ate

d t

hem

with

in t

his

rep

ort

.

Page 221

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

0 D

uri

ng

th

e a

ud

it I

fo

un

d th

at

the

re w

as a

co

ntr

ol w

ea

kn

ess r

eg

ard

ing

be

ing

ab

le t

o r

ing

-fe

nce

pen

sio

n f

un

d m

on

ies f

rom

th

ose

of

the C

ou

ncil.

The

Co

un

cil

ha

s b

ee

n u

sin

g th

e m

ain

ba

nk a

cco

un

t fo

r th

e p

en

sio

n f

un

d r

ela

ted

tra

nsa

ction

s a

nd

alth

ou

gh

th

ere

are

re

co

rds t

o s

up

po

rt t

he

pe

nsio

n f

und

ca

sh

ba

lance

th

ere

re

ma

ins a

ris

k th

at

the

fu

nds c

ou

ld p

ote

ntia

lly b

e c

o-m

ing

led

. I

ma

de

a r

eco

mm

en

da

tio

n b

oth

in

my A

nn

ua

l G

ove

rna

nce

Re

po

rt

an

d m

y A

nn

ua

l A

ud

it L

ette

r in

th

e 2

01

0/1

1 a

ud

it th

at

the

Co

un

cil

sh

ould

use

th

e p

en

sio

n f

un

d b

ank a

cco

un

t fo

r a

ll p

en

sio

n r

ela

ted

tra

nsa

ctio

ns.

The

se

arr

an

ge

me

nts

ha

ve

no

t ye

t b

ee

n f

ully

im

ple

me

nte

d.

I h

ave

th

ere

fore

re

pe

ate

d m

y r

eco

mm

en

da

tio

n w

ith

in t

his

re

po

rt.

Th

e C

ou

ncil

sh

ou

ld a

ct

pro

mp

tly

in o

rde

r to

co

mp

ly w

ith

th

e r

eg

ula

tion

s.

Oth

er

ma

tte

rs

I a

m r

eq

uir

ed

to

co

mm

un

ica

te t

o y

ou

sig

nific

an

t fin

din

gs f

rom

th

e a

ud

it a

nd

oth

er

ma

tte

rs t

ha

t are

sig

nific

ant

to y

ou

r o

ve

rsig

ht

of

the

Co

un

cil

Pe

nsio

n

Fu

nd

’s f

ina

ncia

l re

po

rtin

g p

roce

ss inclu

din

g t

he

fo

llow

ing

.

!

Qu

alit

ative

asp

ects

of

you

r a

cco

un

ting

pra

ctices.

!

Ma

tte

rs s

pe

cific

ally

re

qu

ire

d b

y o

the

r a

ud

itin

g s

tan

da

rds t

o b

e c

om

mu

nic

ate

d t

o t

ho

se

ch

arg

ed

with

go

ve

rna

nce

. F

or

exa

mp

le,

issue

s a

bo

ut

fra

ud

, co

mp

lian

ce

with

law

s a

nd

re

gu

latio

ns,

exte

rna

l co

nfirm

atio

ns a

nd

re

late

d p

art

y t

ran

sa

ctio

ns.

!

Oth

er

au

dit m

att

ers

of

go

ve

rna

nce

in

tere

st.

Th

ese

are

th

e issu

es I

wa

nt

to r

ais

e w

ith

yo

u.

Acco

un

tin

g p

racti

ces,

po

licie

s,

esti

mate

s a

nd

fin

an

cia

l clo

su

res

Iss

ue

Re

co

mm

en

da

tio

n

1.

Ag

ree

me

nt

to t

he

le

dg

er

Th

e S

tate

me

nt

of

Acco

un

ts s

ub

mitte

d f

or

au

dit d

id n

ot

ag

ree

to

th

e le

dg

er.

Th

ere

wa

s a

dis

cre

pa

ncy o

f £

6.2

mill

ion

on

th

e c

ash

ba

lan

ce

du

e t

o a

n issu

e t

ha

t w

as b

rou

gh

t

forw

ard

fro

m t

he

pri

or

ye

ar.

Th

e C

ou

ncil

ha

s n

ow

ag

ree

d t

o a

me

nd

th

e le

dg

er

to a

gre

e

to t

he

acco

un

ts.

A s

imila

r is

su

e w

as a

lso

re

po

rted

in

th

e 2

010

/11

an

nu

al g

ove

rna

nce

rep

ort

. I

do

no

t e

xp

ect

to s

ee

th

e s

am

e issu

e a

rise

ne

xt

ye

ar.

R2

En

su

re t

ha

t th

e s

tate

me

nt

of

acco

unts

ag

ree

s t

o th

e

led

ge

r b

efo

re s

ub

mittin

g t

o t

he

accou

nts

fo

r a

ud

it.

2.

Ac

cru

ing

fo

r c

on

trib

uti

on

s

Th

e C

ou

ncil

ide

ntifie

d d

uri

ng

th

e a

ud

it t

ha

t it h

ad

no

t p

roce

sse

d t

he

co

rre

ct

va

lue

of

accru

als

rela

tin

g t

o s

che

du

led

bo

dy c

on

trib

utio

ns in

th

e c

urr

en

t n

or

the

pri

or

ye

ar.

R3

En

su

re t

ha

t a

ll co

ntr

ibutio

ns a

re c

ode

d c

orr

ectly a

nd

tha

t a

ll a

ccru

als

are

pro

ce

sse

d b

y y

ea

r e

nd

.

Page 222

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

1

Iss

ue

Re

co

mm

en

da

tio

n

- T

he

va

lue

of

the

om

itte

d a

ccru

als

/mis

co

de

d inco

me

in

20

10

/11

fo

r th

e E

mp

loye

es' a

nd

the

Em

plo

ye

rs' co

ntr

ibu

tio

ns w

as £

24

5,0

00

an

d £

49

8,0

00

re

sp

ective

ly.

No

am

en

dm

en

t

ha

s b

ee

n m

ad

e f

or

the

se

cla

ssific

atio

n e

rro

rs b

ut

the

in

co

me

th

at

ha

d n

ot b

ee

n a

ccru

ed

in 2

01

0/1

1 (

£2

56

,00

0)

ha

s b

ee

n a

cco

un

ted

fo

r in

th

e c

urr

en

t ye

ar.

- In

20

11

/12 t

he

va

lue

of

the

err

or

for

the

Em

plo

ye

es' a

nd

th

e E

mp

loye

rs' co

ntr

ibu

tio

ns

tha

t h

as n

ot b

ee

n a

dju

ste

d is £

54

,000

(o

ve

rsta

ted

in

th

e a

cco

un

ts)

an

d £

65

,00

0

(un

de

rsta

ted

in

th

e a

cco

un

ts)

resp

ective

ly a

nd

th

e a

cco

un

ts h

ave

no

t b

ee

n a

dju

ste

d fo

r

the

se

err

ors

.

Th

ese

va

lue

s a

re im

ma

teri

al h

ow

eve

r th

e C

ou

ncil

sh

ould

ensu

re t

ha

t p

roce

sse

s a

re

imp

rove

d t

o id

en

tify

an

d p

roce

ss a

ccru

ed

in

co

me

go

ing

fo

rwa

rd.

Pe

ns

ion

Fu

nd

An

nu

al

Re

po

rt

Th

e C

ou

ncil

ha

s a

gre

ed

to

su

bm

it t

he

pe

nsio

n f

un

d a

nn

ua

l re

po

rt b

y 2

0 S

ep

tem

be

r 2

01

2.

I w

ill issu

e a

re

po

rt o

n t

he

fin

ancia

l sta

tem

en

ts in

clu

de

d in

the

An

nu

al R

ep

ort

(re

fer

to t

he

dra

ft o

pin

ion

within

Ap

pe

nd

ix 1

) a

nd

I w

ill u

pd

ate

yo

u if

the

re a

re a

ny issu

es a

risin

g f

rom

th

is r

evie

w.

Page 223

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

2 F

ee

s

I re

po

rted

my p

lan

ned

au

dit

fee in

th

e J

un

e A

ud

it P

lan

.

I w

ill c

om

ple

te t

he

au

dit w

ith

in t

he

pla

nn

ed

fe

e.

Ta

ble

2:

Fe

es

Pla

nn

ed

fe

e 2

01

1/1

2 (

£)

Ex

pe

cte

d f

ee

20

11

/12

(£

)

Au

dit

35

,00

03

5,0

00

No

n-a

ud

it w

ork

0

0

To

tal

35

,00

03

5,0

00

Th

e A

ud

it C

om

mis

sio

n c

om

mitte

d t

o p

ayin

g a

re

ba

te o

f 8

pe

r ce

nt

(£2

,80

0)

du

rin

g 2

011

/12

to

re

flectin

g a

tta

inm

en

t o

f in

tern

al e

ffic

ien

cy s

avin

gs,

red

ucin

g t

he n

et

am

ou

nt

pa

ya

ble

to

th

e A

ud

it C

om

mis

sio

n t

o £

32

,20

0.

Page 224

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

3 A

pp

en

dix

1 –

Dra

ft in

de

pe

nd

en

t au

dit

or’

s r

ep

ort

IN

DE

PE

ND

EN

T A

UD

ITO

R’S

RE

PO

RT

TO

TH

E M

EM

BE

RS

OF

TH

E L

ON

DO

N B

OR

OU

GH

OF

LE

WIS

HA

M

Op

inio

n o

n t

he

pe

ns

ion

fu

nd

ac

co

un

tin

g s

tate

me

nts

I h

ave

au

dite

d t

he

pe

nsio

n f

un

d f

inan

cia

l sta

tem

en

ts f

or

the

ye

ar

en

de

d 3

1 M

arc

h 2

01

2 u

nd

er

the

Au

dit C

om

mis

sio

n A

ct 1

99

8.

Th

e p

en

sio

n f

un

d

fin

an

cia

l sta

tem

en

ts c

om

pri

se

th

e F

un

d A

cco

un

t, th

e N

et

Asse

ts S

tate

me

nt

an

d t

he

re

late

d n

ote

s.

Th

e f

ina

ncia

l re

po

rtin

g fra

me

work

th

at

ha

s b

ee

n

ap

plie

d in

th

eir

pre

pa

ratio

n is a

pp

lica

ble

la

w a

nd

th

e C

IPF

A/L

AS

AA

C C

od

e o

f P

ractice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

do

m 2

01

1/1

2.

Th

is r

ep

ort

is m

ad

e s

ole

ly t

o t

he

me

mb

ers

of

the

Lo

nd

on

Bo

rou

gh

of

Le

wis

ha

m in

acco

rda

nce

with

Pa

rt I

I o

f th

e A

ud

it C

om

mis

sio

n A

ct

19

98

an

d fo

r

no

oth

er

pu

rpo

se

, a

s s

et o

ut

in p

ara

gra

ph

48

of

the

Sta

tem

en

t o

f R

esp

on

sib

ilitie

s o

f A

ud

ito

rs a

nd

of

Au

dite

d B

od

ies p

ub

lish

ed

by t

he

Au

dit

Co

mm

issio

n in

Ma

rch

20

10

.

Re

sp

ec

tiv

e r

es

po

ns

ibil

itie

s o

f th

e E

xe

cu

tiv

e D

ire

cto

r fo

r R

es

ou

rce

s a

nd

Re

ge

ne

rati

on

an

d a

ud

ito

r

As e

xp

lain

ed

mo

re f

ully

in

th

e S

tate

me

nt

of

the

Re

sp

on

sib

ilitie

s in

th

e S

tate

me

nt

of

Acco

un

ts,

the

Exe

cu

tive

Dir

ecto

r fo

r R

eso

urc

es a

nd

Re

ge

ne

ratio

n

is r

esp

on

sib

le f

or

the

pre

pa

ratio

n o

f th

e p

en

sio

n fu

nd

’s f

ina

ncia

l sta

tem

en

ts a

nd

fo

r b

ein

g s

atisfie

d th

at

the

y g

ive

a t

rue

an

d f

air

vie

w.

My r

esp

on

sib

ility

is t

o a

ud

it a

nd

exp

ress a

n o

pin

ion

on

th

e f

ina

ncia

l sta

tem

en

ts in

acco

rdan

ce

with

app

lica

ble

la

w a

nd

In

tern

atio

na

l S

tan

da

rds o

n A

ud

itin

g (

UK

an

d

Ire

lan

d).

Tho

se

sta

nd

ard

s r

eq

uir

e m

e t

o c

om

ply

with

th

e A

ud

itin

g P

ractice

s B

oa

rd’s

Eth

ica

l S

tand

ard

s f

or

Au

dito

rs.

Page 225

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

4 S

co

pe

of

the

au

dit

of

the

fin

an

cia

l s

tate

me

nts

An

au

dit in

vo

lve

s o

bta

inin

g e

vid

en

ce

ab

ou

t th

e a

mo

un

ts a

nd

dis

clo

su

res in

th

e f

ina

ncia

l sta

tem

en

ts s

uff

icie

nt

to g

ive

re

aso

na

ble

assu

ran

ce

th

at

the

fin

an

cia

l sta

tem

en

ts a

re f

ree

fro

m m

ate

ria

l m

issta

tem

en

t, w

he

the

r ca

use

d b

y f

rau

d o

r e

rro

r. T

his

in

clu

de

s a

n a

sse

ssm

en

t o

f: w

he

the

r th

e a

cco

un

tin

g

po

licie

s a

re a

pp

rop

ria

te to

th

e f

un

d’s

cir

cu

msta

nce

s a

nd

ha

ve

be

en

co

nsis

ten

tly a

pp

lied

an

d a

de

qu

ate

ly d

isclo

se

d;

the

re

aso

na

ble

ne

ss o

f sig

nific

an

t

acco

un

tin

g e

stim

ate

s m

ad

e b

y t

he

Exe

cu

tive

Dir

ecto

r fo

r R

eso

urc

es a

nd R

eg

en

era

tio

n a

nd

th

e o

ve

rall

pre

se

nta

tio

n o

f th

e f

ina

ncia

l sta

tem

en

ts.

In

ad

ditio

n,

I re

ad

all

the

fin

an

cia

l a

nd

no

n-f

ina

ncia

l in

form

atio

n in

th

e a

nn

ua

l re

po

rt t

o ide

ntify

ma

teri

al in

co

nsis

ten

cie

s w

ith

the

au

dite

d f

ina

ncia

l

sta

tem

en

ts.

If I

be

co

me

aw

are

of

an

y a

pp

are

nt

ma

teri

al m

issta

tem

en

ts o

r in

co

nsis

ten

cie

s I

co

nsid

er

the

im

plic

atio

ns f

or

my r

ep

ort

.

Op

inio

n o

n f

ina

nc

ial

sta

tem

en

ts

In m

y o

pin

ion

th

e p

en

sio

n f

un

d’s

fin

an

cia

l sta

tem

en

ts:

!

giv

e a

tru

e a

nd

fa

ir v

iew

of

the

fin

an

cia

l tr

an

sa

ctio

ns o

f th

e p

en

sio

n f

un

d d

uri

ng

th

e y

ea

r e

nd

ed

31

Ma

rch

20

12

an

d t

he

am

ou

nt

an

d d

isp

ositio

n o

f

the

fu

nd

’s a

sse

ts a

nd

lia

bili

ties a

s a

t 3

1 M

arc

h 2

01

2;

an

d

!

ha

ve

be

en

pre

pa

red

pro

pe

rly in

acco

rda

nce

with

th

e C

IPF

A/L

AS

AA

C C

od

e o

f P

ractice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

do

m

20

11

/12

.

Op

inio

n o

n o

the

r m

att

ers

In m

y o

pin

ion

, th

e in

form

atio

n g

ive

n in

th

e a

nn

ua

l re

po

rt f

or

the

fin

an

cia

l ye

ar

for

wh

ich

th

e f

ina

ncia

l sta

tem

en

ts a

re p

rep

are

d is c

onsis

ten

t w

ith

th

e

acco

un

tin

g s

tate

me

nts

.

Ma

tte

rs o

n w

hic

h I

re

po

rt b

y e

xc

ep

tio

n

I re

po

rt t

o y

ou

if,

in

my o

pin

ion

th

e g

ove

rna

nce

co

mp

lian

ce

sta

tem

en

t d

oe

s n

ot

reflect

co

mp

lian

ce

with

th

e L

oca

l G

ove

rnm

en

t P

en

sio

n S

ch

em

e

(Ad

min

istr

atio

n)

Re

gu

latio

ns 2

00

8 a

nd

re

late

d g

uid

an

ce

. I

ha

ve

no

thin

g t

o r

ep

ort

in

th

is r

esp

ect.

Su

sa

n M

Exto

n

Dis

tric

t A

ud

ito

r

Page 226

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

5 A

ud

it C

om

mis

sio

n

1st

Flo

or

Mill

ba

nk T

ow

er

Mill

ba

nk L

on

do

n

SW

1P

4H

Q

Page 227

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

6 A

pp

en

dix

2 –

Co

rre

cte

d e

rro

rs

I id

en

tifie

d th

e f

ollo

win

g m

ate

ria

l e

rro

rs d

uri

ng

the

au

dit w

hic

h m

an

ag

em

en

t h

ave

ad

dre

sse

d in

th

e r

evis

ed

fin

an

cia

l sta

tem

en

ts.

No

te a

nd

na

ture

of

err

or

Am

en

dm

en

t

No

te

Na

ture

of

err

or

£

No

te 5

–

Fin

an

cia

l

instr

um

en

ts

Th

ere

we

re t

wo

ma

teri

al a

me

nd

me

nts

to

th

e F

inan

cia

l In

str

um

en

t n

ote

an

d

rela

ted

dis

clo

su

res.

!

Th

e C

ou

ncil

am

en

de

d t

he

fin

an

cia

l in

str

um

en

t d

isclo

su

re f

or

bo

th t

he

cu

rre

nt

an

d t

he

pri

or

ye

ar

to r

efle

ct

the

CO

DE

gu

ida

nce

in

20

12

. T

he a

sse

ts (

£7

66

mill

ion

) w

ere

re

-ca

teg

orise

d f

rom

be

ing

asse

ts ‘ava

ilab

le f

or

sa

le’ to

assets

‘th

rou

gh

pro

fit

an

d lo

ss’.

!

Th

e C

ou

ncil

inclu

de

d c

ash

(£

9.7

mill

ion

) a

s a

sep

ara

te c

lass o

f F

ina

ncia

l

Asse

ts,

wh

en

th

ey s

ho

uld

be

cla

ssifie

d u

nd

er

'Lo

an

s a

nd

Re

ce

iva

ble

s'. B

oth

the

cu

rre

nt a

nd

th

e p

rior

ye

ar

dis

clo

su

res w

ere

up

da

ted

to

re

fle

ct

the

corr

ect

cla

ssific

ation

.

I te

ste

d t

he

asse

t va

lue

s in

clu

de

d in

th

e v

ari

ou

s s

en

sitiv

ity a

na

lyse

s a

nd a

nu

mb

er

of

inco

nsis

ten

cie

s a

nd

oth

er

nu

me

rica

l is

su

es w

ere

id

en

tifie

d.

Th

e r

ecla

ssific

atio

n a

men

dm

en

ts w

ere

ma

de

to N

ote

5 (

£7

66

mill

ion

an

d £

9.7

mill

ion

) -

the

re

wa

s n

o im

pa

ct

on

th

e F

un

d a

cco

un

t n

or

the

Ne

t A

sse

ts S

tate

me

nt.

Th

e in

co

nsis

ten

cie

s h

ave

be

en

co

rre

cte

d in

th

e

fin

al ve

rsio

n o

f th

e s

tate

me

nts

an

d t

he

no

te is

co

nsis

ten

t w

ith

th

e N

et

Asse

ts S

tate

me

nt.

Ne

t A

sse

ts

Sta

tem

en

t

I re

vie

we

d t

he

un

qu

ote

d in

ve

stm

en

ts d

isclo

se

d in

th

e a

cco

un

ts.

I fo

un

d th

e

follo

win

g issu

es.

!

Ha

rbo

urv

est

pri

va

te e

qu

ity in

ve

stm

en

ts.

Du

e t

o tim

ing

, th

e c

usto

dia

n r

epo

rt

use

d b

y t

he

Co

un

cil

in p

rep

ari

ng

th

e a

cco

un

ts w

as a

s a

t D

ecem

be

r 2

01

1

inste

ad

of

31

Ma

rch

20

12

an

d t

he

refo

re I

fo

un

d a

dis

cre

pa

ncy b

etw

ee

n t

he

acco

un

ts a

nd

th

e e

xte

rna

l co

nfirm

atio

n I

re

ce

ive

d f

rom

th

e in

ve

stm

en

t

ma

na

ge

r o

f £

2.2

24

mill

ion

.

Bo

th o

f th

ese

am

en

dm

en

ts h

ave

be

en

ma

de

in

the

acco

un

ts s

o t

ha

t th

e s

tate

me

nts

re

fle

ct

the

31

Ma

rch

20

12

va

lua

tio

ns.

Th

e o

ve

rall

imp

act

of

this

ad

justm

en

t w

as a

n in

cre

ase

in

va

lue

of

inve

stm

en

ts o

n t

he

Ne

t A

sse

ts S

tate

me

nt

of

£2

mill

ion

(an

d c

orr

esp

on

din

g in

cre

ase

in

ma

rke

t va

lue

in

th

e f

un

d a

cco

un

t).

Page 228

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

7

No

te a

nd

na

ture

of

err

or

Am

en

dm

en

t

!

M&

G in

ve

stm

en

ts.

Du

e t

o t

imin

g,

the

cu

sto

dia

n r

ep

ort

use

d b

y t

he

Co

un

cil

in

pre

pa

rin

g t

he

acco

un

ts w

as a

s a

t S

ep

tem

be

r 2

01

1 in

ste

ad

of

31

Ma

rch

20

12

an

d t

he

refo

re I

fo

un

d a

dis

cre

pa

ncy b

etw

ee

n t

he

acco

un

ts a

nd

th

e e

xte

rna

l

co

nfirm

atio

n I

re

ce

ive

d f

rom

th

e in

ve

stm

en

t m

an

ag

er

of

£2

60

,00

0.

To

tal

va

lue

-

no

n t

rivia

l

err

ors

am

en

de

d

with

in t

he

no

tes

Th

e t

ota

l g

ross v

alu

e o

f o

the

r co

rrecte

d,

no

n t

rivia

l e

rro

rs w

ith

in n

ote

s w

as in

th

e

reg

ion

of

£2

.7 m

illio

n.

Th

e f

ive

am

en

dm

en

ts w

ere

ma

de

with

in n

ote

s

an

d t

he

refo

re t

he

re w

as n

o im

pa

ct

on

th

e N

et

Asse

ts S

tate

me

nt

or

the

Fu

nd

Acco

un

t.

Ta

ble

3:

Oth

er

am

en

dm

en

ts

Sta

tem

en

t o

r n

ote

A

me

nd

me

nt

ma

de

to

th

e t

ex

t o

r s

tate

me

nt

Fin

an

cia

l in

str

um

en

ts

(No

te 5

- In

ve

stm

en

t a

na

lysis

)

!

Th

e C

od

e r

eq

uir

es f

ina

ncia

l in

str

um

en

ts c

arr

ied

at

fair

va

lue

to

be

ca

teg

ori

se

d a

cro

ss t

hre

e le

ve

ls,

acco

rdin

g

to t

he

qu

alit

y a

nd

re

liab

ility

of

the

in

form

atio

n u

se

d t

o d

ete

rmin

e f

air

va

lue

s.

Th

e C

ou

ncil

ha

d n

ot

ma

de

th

is

dis

clo

su

re.

!

Th

e C

OD

E r

eq

uir

es d

isclo

su

re f

or

ga

ins/

losse

s o

n f

ina

ncia

l in

str

um

en

ts.

Th

e C

ou

ncil

ha

d n

ot

ma

de

th

is

dis

clo

su

re.

Bo

th o

f th

ese

no

tes w

ere

ad

de

d t

o th

e f

ina

l ve

rsio

n o

f th

e a

cco

un

ts (

No

te 5

- In

ve

stm

en

t a

na

lysis

).

Inve

stm

en

ts e

xce

ed

ing

5 p

er

ce

nt

(No

te 5

- In

ve

stm

en

t a

na

lysis

)

Th

e C

OD

E r

eq

uir

es d

eta

ils o

f a

ny s

ing

le in

ve

stm

en

t e

xce

ed

ing

eith

er

5 p

er

ce

nt

of

the

ne

t a

sse

ts a

va

ilab

le f

or

be

ne

fits

or

5 p

er

ce

nt

of a

ny c

lass o

r ty

pe

of

se

cu

rity

. N

o d

isclo

su

re h

ad

be

en

ma

de

with

in t

he

no

tes t

o t

he

acco

un

ts.

Th

is n

ote

wa

s a

dd

ed

to

the

fin

al ve

rsio

n o

f th

e a

cco

un

ts (

No

te 5

- In

ve

stm

en

t a

na

lysis

).

Co

mp

ara

tive

in

form

atio

n

Th

ere

wa

s n

o c

om

pa

rative

in

form

atio

n d

isclo

se

d f

or

a n

um

be

r m

ate

ria

l n

ote

s t

o t

he

acco

un

ts.

This

in

form

atio

n

wa

s a

dd

ed

to

th

e f

ina

l ve

rsio

n o

f th

e a

cco

un

ts.

Page 229

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

8 A

pp

en

dix

3 –

Dra

ft le

tte

r o

f m

an

ag

em

en

t re

pre

se

nta

tio

n

Lo

nd

on

Bo

rou

gh

of

Le

wis

ha

m P

en

sio

n F

un

d–

Au

dit

fo

r th

e y

ea

r e

nd

ed

Ma

rch

20

12

I co

nfirm

to

th

e b

est

of

my k

no

wle

dg

e a

nd

be

lief,

ha

vin

g m

ad

e a

pp

rop

ria

te e

nq

uir

ies o

f o

the

r M

em

be

rs o

f th

e L

on

do

n B

oro

ug

h o

f L

ew

ish

am

, th

e

follo

win

g r

ep

rese

nta

tio

ns g

ive

n t

o y

ou

in

co

nn

ectio

n w

ith

yo

ur

au

dit o

f th

e P

en

sio

n F

un

d’s

fin

ancia

l sta

tem

en

ts f

or

the

20

11

/12

ye

ar

en

de

d M

arc

h

20

12

.

Co

mp

lia

nc

e w

ith

th

e s

tatu

tory

au

tho

riti

es

I h

ave

fu

lfill

ed

my r

esp

on

sib

ility

un

de

r th

e r

ele

va

nt

sta

tuto

ry a

uth

ori

tie

s f

or

pre

pa

rin

g t

he

fin

an

cia

l sta

tem

en

ts in

acco

rda

nce

with

th

e A

cco

un

ts a

nd

Au

dit (

En

gla

nd

) R

eg

ula

tio

ns 2

01

1 a

nd

th

e C

od

e o

f P

ractice

on

Lo

ca

l A

uth

ori

ty A

cco

un

tin

g in

th

e U

nite

d K

ing

dom

wh

ich

giv

e a

tru

e a

nd f

air

vie

w o

f

the

fin

an

cia

l p

ositio

n a

nd

fin

an

cia

l pe

rfo

rma

nce

of

the

Pe

nsio

n F

un

d,

for

the

co

mp

lete

ne

ss o

f th

e in

form

atio

n p

rovid

ed

to

yo

u, a

nd

fo

r m

akin

g

accu

rate

re

pre

se

nta

tio

ns t

o y

ou

.

Ac

co

un

tin

g e

sti

ma

tes

in

clu

din

g f

air

va

lue

s

I co

nfirm

th

e r

ea

so

na

ble

ne

ss o

f th

e s

ign

ific

an

t assu

mp

tio

ns u

se

d in

ma

kin

g t

he

accou

ntin

g e

stim

ate

s,

inclu

din

g t

ho

se

in

ve

stm

en

ts m

ea

su

red

at

fair

va

lue

. I

co

nfirm

th

at

the

un

ad

juste

d d

iscre

pa

ncie

s s

um

ma

rise

d b

elo

w a

re n

ot

ma

teri

al to

th

e f

ina

ncia

l sta

tem

en

ts,

eith

er

ind

ivid

ua

lly o

r in

ag

gre

ga

te.

Th

ese

dis

cre

pa

ncie

s h

ave

be

en

dis

cu

sse

d w

ith

th

ose

ch

arg

ed

with

go

ve

rna

nce

an

d t

he

re

aso

ns f

or

no

t a

dju

stin

g f

or

them

are

as f

ollo

ws.

Page 230

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

1

9

Ex

tern

al

au

dit

fin

din

g

Co

un

cil

re

sp

on

se

I fo

un

d t

he

fo

llow

ing

dis

cre

pa

ncie

s:

Ha

rbo

urv

est

Eq

uity:

I co

mp

are

d t

he

pri

ce

of

the

asse

t u

se

d b

y t

he

cu

sto

dia

n a

nd

in t

he

acco

un

ts t

o t

he

Lon

do

n S

tock E

xch

an

ge

. W

he

n t

he

diffe

ren

ce

in

pri

ce

wa

s

ap

plie

d t

o t

he

to

tal in

ve

stm

en

t h

eld

by L

ew

ish

am

Pe

nsio

n F

un

d,

the

va

lue

in

th

e

acco

un

ts w

as lo

we

r b

y £

12

5,0

00

.

Sch

rod

ers

in

ve

stm

en

ts:

I fo

un

d a

diffe

ren

ce

be

twe

en

th

e F

un

d M

an

ag

er

Re

po

rt

an

d t

he

Acco

un

ts/C

usto

dia

n R

ep

ort

(th

e v

alu

e in

th

e a

cco

un

ts w

as lo

we

r b

y

£2

18

,00

0)

UB

S-

Bo

nd

Fu

nd

s.

I fo

un

d a

diffe

rence

be

twe

en

th

e F

un

d M

an

ag

er

Re

po

rt a

nd

the

Acco

un

ts/C

usto

dia

n R

ep

ort

(th

e v

alu

e in

th

e a

cco

un

ts w

as h

igh

er

by

£2

34

,00

0).

Su

pp

ort

ing

re

co

rds

I h

ave

ma

de

ava

ilab

le a

ll re

leva

nt

info

rma

tio

n a

nd

acce

ss t

o p

ers

on

s w

ith

in t

he

Pe

nsio

n F

un

d f

or

the

pu

rpo

se o

f yo

ur

au

dit.

I h

ave

pro

pe

rly r

efle

cte

d

an

d r

eco

rded

in

th

e f

inan

cia

l sta

tem

en

ts a

ll th

e tra

nsa

ctio

ns u

nd

ert

ake

n b

y t

he

Pe

nsio

n F

un

d.

Irre

gu

lari

tie

s

I a

ckn

ow

ledg

e m

y r

esp

on

sib

ility

fo

r th

e d

esig

n,

imp

lem

en

tatio

n a

nd

ma

inte

na

nce

of

inte

rna

l co

ntr

ol to

pre

ve

nt

an

d d

ete

ct

fra

ud

or

err

or.

I a

lso

co

nfirm

th

at

I h

ave

dis

clo

se

d:

!

my k

no

wle

dg

e o

f fr

au

d, o

r su

sp

ecte

d f

rau

d,

invo

lvin

g e

ith

er

ma

na

ge

me

nt,

em

plo

ye

es w

ho

ha

ve

sig

nific

an

t ro

les in

inte

rna

l co

ntr

ol or

oth

ers

wh

ere

fra

ud

co

uld

ha

ve

a m

ate

ria

l e

ffe

ct

on

th

e f

ina

ncia

l sta

tem

en

ts;

!

my k

no

wle

dg

e o

f a

ny a

lleg

atio

ns o

f fr

au

d,

or

su

sp

ecte

d f

rau

d,

aff

ectin

g t

he

en

tity

’s f

ina

ncia

l sta

tem

en

ts c

om

mu

nic

ate

d b

y e

mp

loye

es,

form

er

em

plo

ye

es,

an

aly

sts

, re

gu

lato

rs o

r oth

ers

; a

nd

!

the

re

su

lts o

f o

ur

asse

ssm

en

t o

f th

e r

isk t

he

fin

an

cia

l sta

tem

en

ts m

ay b

e m

ate

ria

lly m

issta

ted

as a

re

su

lt o

f fr

au

d.

Page 231

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

0 L

aw

, re

gu

lati

on

s,

co

ntr

ac

tua

l a

rra

ng

em

en

ts a

nd

co

de

s o

f p

rac

tic

e

I h

ave

dis

clo

se

d t

o y

ou

all

kn

ow

n in

sta

nce

s o

f n

on

-co

mp

lian

ce

, o

r su

sp

ecte

d n

on

-co

mp

lian

ce

with

la

ws,

reg

ula

tio

ns a

nd

cod

es o

f p

ractice

, w

ho

se

eff

ects

sh

ould

be

co

nsid

ere

d w

he

n p

rep

ari

ng

fin

an

cia

l sta

tem

en

ts.

Tra

nsa

ctio

ns a

nd

eve

nts

ha

ve

be

en

ca

rrie

d o

ut

in a

cco

rda

nce

with

la

w,

reg

ula

tio

n o

r o

the

r a

uth

ori

ty.

Th

e P

en

sio

n F

un

d h

as c

om

plie

d w

ith

all

aspe

cts

of

co

ntr

actu

al a

rra

ng

em

en

ts t

ha

t cou

ld h

ave

a m

ate

ria

l e

ffe

ct

on

th

e f

ina

ncia

l sta

tem

en

ts in

th

e e

ve

nt

of

no

n-c

om

plia

nce

.

All

kn

ow

n a

ctu

al o

r p

ossib

le litig

ation

an

d c

laim

s,

wh

ose

effe

cts

sh

ould

be

co

nsid

ere

d w

he

n p

rep

ari

ng

th

e f

ina

ncia

l sta

tem

en

ts,

ha

ve

be

en

dis

clo

se

d

to t

he

au

ditor

an

d a

cco

un

ted

fo

r a

nd d

isclo

se

d in a

cco

rda

nce w

ith

th

e a

pp

lica

ble

fin

an

cia

l re

po

rtin

g f

ram

ew

ork

.

Ac

co

un

tin

g e

sti

ma

tes

in

clu

din

g f

air

va

lue

s

I co

nfirm

th

e r

ea

so

na

ble

ne

ss o

f th

e s

ign

ific

an

t assu

mp

tio

ns u

se

d in

ma

kin

g t

he

accou

ntin

g e

stim

ate

s,

inclu

din

g t

ho

se

me

asu

red

at

fair v

alu

e.

Re

late

d p

art

y t

ran

sa

cti

on

s

I co

nfirm

th

at

I h

ave

dis

clo

se

d t

he

id

en

tity

of

the

Pe

nsio

n F

un

d’s

re

late

d p

art

ies a

nd

all

the

re

late

d p

art

y r

ela

tio

nsh

ips a

nd

tra

nsa

ctio

ns o

f w

hic

h I

am

aw

are

. I

ha

ve

ap

pro

pri

ate

ly a

cco

un

ted

fo

r a

nd

dis

clo

se

d s

uch

re

latio

nsh

ips a

nd

tra

nsa

ctio

ns in

acco

rda

nce

with

th

e r

eq

uire

me

nts

of

the

Co

de

.

Su

bs

eq

ue

nt

ev

en

ts

I h

ave

ad

juste

d f

or

or

dis

clo

se

d in t

he

fin

an

cia

l sta

tem

en

ts a

ll re

leva

nt

eve

nts

su

bse

qu

en

t to

th

e d

ate

of

the

fin

an

cia

l sta

tem

en

ts.

Sig

ne

d o

n b

eh

alf o

f th

e L

on

do

n B

oro

ug

h o

f L

ew

ish

am

Pe

nsio

n F

un

d.

I co

nfirm

th

at

this

le

tte

r ha

s b

ee

n d

iscu

sse

d a

nd

ag

ree

d b

y t

he

Au

dit P

an

el o

n t

he

19

th S

ep

tem

be

r 2

01

2.

Sig

ne

d

Nam

e

Po

sitio

n

Da

te

Page 232

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

1 A

pp

en

dix

4 –

Glo

ss

ary

A

nn

ua

l A

ud

it L

ett

er

Le

tte

r is

su

ed

by t

he

au

dito

r to

th

e P

en

sio

n F

un

d a

fte

r th

e c

om

ple

tio

n o

f th

e a

ud

it t

ha

t su

mm

ari

se

s t

he

au

dit w

ork

ca

rrie

d o

ut

in t

he

pe

rio

d a

nd

sig

nific

an

t is

su

es a

risin

g f

rom

au

dito

rs’ w

ork

.

An

nu

al

Go

ve

rna

nc

e R

ep

ort

Th

e a

ud

ito

r’s r

ep

ort

on

ma

tte

rs a

risin

g f

rom

th

e a

ud

it o

f th

e fin

an

cia

l sta

tem

en

ts p

rese

nte

d t

o t

hose

ch

arg

ed

with

go

ve

rna

nce

be

fore

th

e a

ud

ito

r

issu

es th

eir

op

inio

n.

Au

dit

of

the

ac

co

un

ts

Th

e a

ud

it o

f th

e a

cco

un

ts o

f a

n a

ud

ite

d b

od

y c

om

pri

se

s a

ll w

ork

ca

rrie

d o

ut

by a

n a

ud

ito

r u

nd

er

the

Co

de

to

me

et

the

ir s

tatu

tory

re

sp

on

sib

ilitie

s u

nd

er

the

Au

dit C

om

mis

sio

n A

ct

19

98

.

Au

dit

ed

bo

dy

A b

od

y t

o w

hic

h t

he

Au

dit C

om

mis

sio

n is r

esp

onsib

le f

or

ap

po

intin

g t

he

exte

rna

l a

ud

ito

r.

Au

dit

ing

Pra

cti

ce

s B

oa

rd (

AP

B)

Th

e b

od

y r

esp

on

sib

le in

th

e U

K f

or

issu

ing

au

ditin

g s

tan

da

rds,

eth

ical sta

nd

ard

s a

nd

asso

cia

ted

gu

ida

nce

to

au

dito

rs.

Its o

bje

ctive

s a

re t

o e

sta

blis

h

hig

h s

tan

da

rds o

f a

ud

itin

g t

ha

t m

ee

t th

e d

eve

lop

ing

ne

ed

s o

f u

se

rs o

f fin

an

cia

l in

form

atio

n a

nd

to

en

su

re p

ub

lic c

on

fid

ence

in

th

e a

ud

itin

g p

roce

ss.

Au

dit

ing

sta

nd

ard

s

Pro

no

un

ce

me

nts

of

the

AP

B t

ha

t co

nta

in b

asic

pri

ncip

les a

nd

esse

ntia

l p

roce

du

res w

ith

wh

ich

au

dito

rs m

ust co

mp

ly,

exce

pt

wh

ere

oth

erw

ise

sta

ted

in t

he

au

ditin

g s

tan

da

rd c

on

ce

rne

d.

Page 233

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

2 A

ud

ito

r(s

)

Au

dito

rs a

pp

oin

ted

by t

he

Au

dit C

om

mis

sio

n.

Co

de

(th

e)

Th

e C

od

e o

f A

ud

it P

ractice

fo

r lo

cal g

ove

rnm

en

t b

od

ies issu

ed

by t

he

Au

dit C

om

mis

sio

n a

nd

ap

pro

ve

d b

y P

arl

iam

en

t.

Co

mm

iss

ion

(th

e)

Th

e A

ud

it C

om

mis

sio

n f

or

Lo

ca

l A

uth

ori

tie

s a

nd

th

e N

atio

na

l H

ea

lth

Se

rvic

e in

En

gla

nd

.

Eth

ica

l S

tan

da

rds

Pro

no

un

ce

me

nts

of

the

AP

B t

ha

t co

nta

in b

asic

pri

ncip

les r

ela

tin

g t

o in

de

pe

nd

en

ce

, in

teg

rity

an

d o

bje

ctivity t

ha

t a

pp

ly t

o t

he

co

nd

uct o

f a

ud

its a

nd

with

wh

ich

au

dito

rs m

ust co

mp

ly,

exce

pt

wh

ere

oth

erw

ise

sta

ted

in

th

e s

tan

da

rd c

on

cern

ed

.

Fin

an

cia

l s

tate

me

nts

Th

e a

nn

ua

l sta

tem

en

t o

f a

cco

un

ts t

ha

t th

e P

en

sio

n F

un

d is r

eq

uir

ed

to

pre

pa

re,

wh

ich

re

po

rt t

he

fin

an

cia

l pe

rfo

rma

nce

an

d f

ina

ncia

l po

sitio

n o

f th

e

Pe

nsio

n F

un

d in

acco

rda

nce

with

the

Acco

un

ts a

nd

Au

dit (

En

gla

nd

) R

eg

ula

tio

ns 2

011

an

d t

he

Co

de

of

Pra

ctice

on

Lo

cal A

uth

ori

ty A

cco

un

tin

g in t

he

Un

ite

d K

ing

do

m.

Inte

rna

l c

on

tro

l

Th

e w

ho

le s

yste

m o

f co

ntr

ols

, fin

ancia

l a

nd

oth

erw

ise

, th

at th

e P

en

sio

n F

un

d e

sta

blis

he

s t

o p

rovid

e r

ea

so

nab

le a

ssu

rance

of

eff

ective

an

d e

ffic

ien

t

op

era

tio

ns,

inte

rna

l fin

ancia

l co

ntr

ol a

nd

co

mp

lian

ce

with

la

ws a

nd

re

gu

latio

ns.

Ma

teri

ali

ty

Th

e A

PB

de

fin

es t

his

co

nce

pt

as ‘a

n e

xp

ressio

n o

f th

e r

ela

tive

sig

nific

an

ce

or

imp

ort

an

ce

of

a p

art

icu

lar

ma

tte

r in

th

e c

on

text

of

the

fin

an

cia

l

sta

tem

en

ts a

s a

wh

ole

. A

ma

tte

r is

ma

teri

al if its

om

issio

n w

ou

ld r

ea

so

na

bly

in

flu

en

ce

th

e d

ecis

ion

s o

f a

n a

dd

resse

e o

f th

e a

ud

ito

r’s r

ep

ort

; lik

ew

ise

a

mis

sta

tem

en

t is

ma

teri

al if it

wo

uld

ha

ve

a s

imila

r in

flu

en

ce

. M

ate

ria

lity m

ay a

lso

be

co

nsid

ere

d in

th

e c

on

text

of

an

y in

div

idu

al p

rim

ary

sta

tem

en

t

with

in t

he

fin

an

cia

l sta

tem

en

ts o

r o

f in

div

idu

al item

s in

clu

de

d in

th

em

. M

ate

ria

lity is n

ot

ca

pa

ble

of g

en

era

l m

ath

em

atica

l de

fin

itio

n,

as it

ha

s b

oth

qu

alit

ative

an

d q

ua

ntita

tive

asp

ects

’.

Page 234

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

3 T

he

te

rm ‘m

ate

ria

lity’ a

pp

lies o

nly

to

th

e f

ina

ncia

l sta

tem

en

ts.

Au

dito

rs a

pp

oin

ted

by t

he

Co

mm

issio

n h

ave

re

sp

on

sib

ilitie

s a

nd

du

tie

s u

nd

er

sta

tute

,

as w

ell

as t

he

ir r

esp

on

sib

ility

to

giv

e a

n o

pin

ion

on

th

e f

ina

ncia

l sta

tem

en

ts,

wh

ich

do

no

t n

ece

ssari

ly a

ffe

ct

the

ir o

pin

ion

on

th

e f

ina

ncia

l sta

tem

en

ts.

Pe

ns

ion

Fu

nd

An

nu

al

Re

po

rt

Th

e a

nn

ua

l re

po

rt,

inclu

din

g f

ina

ncia

l sta

tem

en

ts,

tha

t th

e P

en

sio

n F

un

d m

ust

pu

blis

h u

nd

er

Re

gu

latio

n 3

4 o

f th

e L

oca

l G

ove

rnm

en

t P

en

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n S

ch

em

e

(Ad

min

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atio

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Re

gu

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00

8.

Sig

nif

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e

Th

e c

on

ce

pt o

f ‘s

ign

ific

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’ a

pp

lies to

th

ese

wid

er

resp

on

sib

ilities a

nd

aud

ito

rs a

do

pt a

le

ve

l o

f sig

nific

an

ce t

ha

t m

ay d

iffe

r fr

om

th

e m

ate

ria

lity le

ve

l

ap

plie

d t

o t

he

ir a

ud

it o

f th

e f

ina

ncia

l sta

tem

en

ts.

Sig

nific

an

ce h

as b

oth

qua

lita

tive

an

d q

ua

ntita

tive

asp

ects

.

Th

os

e c

ha

rge

d w

ith

go

ve

rna

nc

e

Th

ose

en

truste

d w

ith

the

su

pe

rvis

ion

, co

ntr

ol a

nd

dir

ectio

n o

f th

e P

en

sio

n F

un

d.

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is t

erm

in

clu

de

s t

he

me

mb

ers

of

the

Au

tho

rity

, th

e P

en

sio

ns

Inve

stm

en

t C

om

mitte

e a

nd

th

e A

ud

it P

an

el.

Page 235

Au

dit

Co

mm

iss

ion

A

nn

ua

l g

ove

rna

nce

re

port

2

4 A

pp

en

dix

5 –

Ac

tio

n p

lan

Re

co

mm

en

da

tio

ns

Re

co

mm

en

da

tio

n 1

En

su

re t

ha

t th

e p

en

sio

n fu

nd

ba

nk a

cco

un

t is

use

d f

or

all

pen

sio

n f

un

d t

ran

sa

ctio

ns in

lin

e w

ith

the

re

gu

latio

ns.

Re

sp

on

sib

ilit

y

Se

lwyn

Th

om

pso

n –

Gro

up

Ma

na

ge

r, B

ud

ge

t S

tra

teg

y

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ori

ty

Hig

h

Da

teA

pri

l 2

01

3

Co

mm

en

tsT

he

ne

w b

an

k a

cco

un

t h

as a

lre

ad

y b

ee

n s

et

up

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d is u

se

d to

pa

y p

en

sio

n f

un

d b

ills,

fore

ign

pe

nsio

ns,

gir

o p

en

sio

ns,

ca

pita

l ca

lls, a

nd

to

eff

ect

ca

sh

dra

w-d

ow

ns.

Th

e in

ten

tio

n is to

use

th

e b

an

k a

cco

un

t fo

r a

ll p

en

sio

n f

un

d t

ran

sa

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This

is c

urr

en

tly b

ein

g r

evie

we

d in

lin

e w

ith

th

e O

ne

Ora

cle

im

ple

me

nta

tio

n a

re w

e a

re in

ten

de

d t

o h

ave

a m

ech

an

ism

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by

the

sta

rt o

f th

e n

ew

fin

an

cia

l ye

ar.

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co

mm

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da

tio

n 2

En

su

re t

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t th

e s

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me

nt

of

acco

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ag

ree

s t

o th

e le

dg

er

be

fore

su

bm

ittin

g t

o t

he

acco

un

ts f

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au

dit.

Re

sp

on

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lwyn

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om

pso

n –

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na

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ay 2

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ua

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tem

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t o

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cco

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efo

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ub

mis

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will

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str

en

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en

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is p

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en

su

re th

at

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r 2

01

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Page 236

Au

dit

Co

mm

iss

ion

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nn

ua

l g

ove

rna

nce

re

port

2

5

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co

mm

en

da

tio

n 3

En

su

re t

ha

t a

ll co

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orr

ectly a

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th

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Page 237

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Page 238

22.6.12 1

COUNCIL

Report Title Children and Young People’s Plan 2012-2015

Key Decision

Yes Item no.

Ward

All

Contributors

Executive Director for Children and Young People

Class

Part 1 Date: 26 September 2012

1. Purpose of the Report 1.1 This report provides members with an overview of the Children and

Young People’s Plan 2012-15, outlining how it has been developed, key changes from the previous plan and highlights from its content.

2. Recommendations 2.1 That the Children and Young People’s Plan 2012-15 be approved. 3. Background 3.1 This is the fourth Children and Young People’s Plan produced for

Lewisham’s Children and Young People’s partnership. It builds on the work of the previous Plan in continuing to outline how the partnership will work together to improve the lives and life choices of children, young people and families. From the 31st October 2010, Children and Young People’s Plan Regulations were revoked, meaning that local authorities are no longer required to produce a statutory Children and Young People’s Plan. In Lewisham the partnership has been keen to continue to have a Plan as it underpins and drives forward the commitment and work of our Children and Young People’s Strategic Partnership as well as providing us with the framework robustly to monitor and report on our performance.

3.2 The Lewisham Children and Young People’s Plan sets out the strategic

aims for all agencies working with children and young people across the partnership. Similar to previous Plans, the CYPP 2012-2015 outlines key priorities under five key outcomes areas1, which have been identified through a robust needs analysis showing us where we need to improve and in particular where partnership action is required to make a positive difference to the lives of our children and young people, including to keep them safe from harm. The plan has been

1Be Healthy, Stay Safe, Enjoy and Achieve, Make a Positive Contribution and Achieve Economic Well-

being

Agenda Item 8

Page 239

22.6.12 2

developed with our multi-agency partners and young people have been involved.

3.3 Although much has been achieved over the life of our previous CYPP

2009-12, many of our existing priorities have remained, so that continued focus across the partnership results in improved outcomes in these crucial areas for children and young people.

4.0 Policy context 4.1 The 2012-15 Children and Young People’s Plan underpins Shaping

Our Future – Lewisham’s Sustainable Community Strategy 2008-2020. The CYPP sets out how partnership agencies working with children, young people and their families will support the delivery of the borough’s priorities for the wider community which are set out in the Sustainable Community Strategy:

• Ambitious and achieving – where people are inspired and supported to fulfil their potential.

• Safer – where people feel safe and live free from crime, antisocial behaviour and abuse.

• Empowered and responsible - where people are actively involved in their local area and contribute to supportive communities.

• Clean, green and liveable – where people live in high quality housing and can care for and enjoy their environment.

• Healthy, active and enjoyable – where people can actively participate in maintaining and improving their health and well-being.

• Dynamic and prosperous – where people are part of vibrant communities and town centres, well connected to London and beyond.

5.0 The development of the CYPP 2012-2015 5.1 The plan has been developed in collaboration with all key partners

including health, schools, the police and the voluntary and community sector, as well as children and young people, parents and carers. This engagement process has continued throughout the development of the Plan and therefore has shaped the CYPP at every stage of its progression. It reflects our collective ambition and commitment to work together and deliver seamless, effective services for our children and young people.

5.2 Our engagement process with children and young people commenced

with ‘takeover day’ in November 2011 which allowed two young people to come in and critically review a process, or function, or in this case the CYPP, informing us from the outset of what young people would like to see in their Plan. This was followed by a series of meetings with the Young Citizen’s Panel and the Young Mayor and Advisors at every stage of the Plan’s development. The feedback from all of these sessions as with the wider consultation process has influenced the content and structure of this Plan.

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22.6.12 3

5.3 In addition to this engagement, the development of Children and Young

People’s Plan has been overseen by the Children and Young People’s Partnership Board. It has been scrutinised by the Children and Young People’s Select Committee and comments have been incorporated into the final version of the plan.

5.4 The Children and Young People’s Plan was taken to Mayor and

Cabinet on 20th June 2012 where it was resolved that it be submitted to the Council for approval, and that authority be delegated to the Executive Director for Children and Young People to make amendments to the Plan in the light of further comments and data received, prior to it being placed before Council.

6. Content of the new CYPP

6.1 Our detailed needs analysis shows that while there has been

significant improvement across our priority areas, more still needs to be done.

There is one additional priority which will feature in the new plan 2012-15:

• EA5 - Ensure there are sufficient school places for every Lewisham child

The Local Authority has a statutory duty to provide a school place for every child whose parent/carer requests one. The birth rate in Lewisham has increased by 34% over the last decade, and the proportion of families requesting a place in a maintained school (mainstream and special) has also increased. Throughout the Plan, our demographic and resource challenges are taken into account

6.2 There has also been variation in some of the existing priorities to

ensure the focus of these priorities are correct and meet the needs of our children and young people. These are as follows:

CYPP 2009-12 Priority was

CYPP 2012-15 Priority is now

Raise educational standards at all key stages

EA1 Raise achievement at all key stages

EA1

Ensure that all children have opportunities to play and that all young people have a range of accessible culture and leisure activities available to them

EA4 Ensure children and young people access culture, sport, leisure and play activities

EA6

Reduce further the number of young people who are NEET

EWB2 Reduce further the number of young people who are NEET 16-24

EWB1

6.4 Our complete set of priorities, can be found on page 35 of the accompanying CYPP 2012-15 (Appendix 1).

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22.6.12 4

6.5 The Plan identifies four key areas of impact where we need to focus

partnership action in order to make a difference in our priority areas. They are to:

(a) Make sure early intervention makes a difference We need to ensure our early intervention and targeted support approaches are embedded and have direct impact for children.

(b) Close the gaps and secure social mobility

Promote the highest aspirations and ambition for all our children and young people right across the partnership, particularly to close gaps and secure social mobility.

(c) Involve children and young people and their families Promote the effective involvement of children and young people in their communities as active citizens; secure the involvement of children and young people and parents/ carers in decision making, service development and evaluation of services that affect their lives

(d) Ensure we have the best people working for our children and

young people Secure and retain a strong, committed and highly skilled workforce across the partnership, with outstanding leadership and management

7. Key pressures 7.1 The Children and Young People’s Plan 2012-15 is being developed at

a time where there is increased pressure on services and expenditure from a rapidly growing population as well as public sector austerity. This has added implications on services for Lewisham’s children and young people and increases the need to ensure services are targeted appropriately and with a clear focus on outcomes.

8. Access and availability of the plan 8.1 We will endeavour to ensure the plan is fully accessible. In addition to

traditional methods of published documents and online version, it is envisaged the plan will be interactive on-line, making it more user friendly and providing options and choice for readers. It is also envisaged that the Review Process which happens annually will also benefit from this new online format.

8.2 The plan will be made accessible for our children and young people in

a version which would cater for their requirements to promote interest and engagement in the plan so they are aware of our commitments

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22.6.12 5

over the next three years. It will also be available on the new ‘b-involved’ youth portal in a user-friendly interactive version.

9. Conclusion 9.1 The new CYPP 2012-15 will continue to focus on priorities we had in

the previous plan which require attention and further improvements within the context of the changes in our demographics and the current financial climate.

10. Financial implications 10.1 There are no financial implications to consider as part of this report.

The actions proposed in the plan would be funded from the planned revenue budget for the Children and Young People’s Directorate, and other partners.

11. Legal implications 11.1 There is no longer a legal requirement for a local authority to prepare a

Children and Young People’s Plan such a requirement having been removed by the Children’s Trust Board (Children and Young People’s Plan) (England) (Revocation) Regulations 2010 which took effect on the 31st October 2010.

12. Equalities implications 12.1 Equalities Analysis Assessment has been completed and is attached

(appendix 2). Background documents None. Attachments Appendix 1- Children and Young People’s Plan 2012-2015 Appendix 2 - Equalities Analysis Assessment

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It’s Everybody’s Business

Lewisham Children and Young People’s

Plan

2012-2015

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Foreword

Lewisham’s children and young people are our lifeblood and our future. Their diversity,

vitality and eagerness to contribute to our communities makes our borough a better place to

live. They deserve the very best opportunities to learn, develop and play. They also

deserve the best start in life and should expect the best from all of us who provide services

that aim to improve their lives and life chances.

Children, young people and their families want services to be easily accessible, high quality,

tailored to their needs and to provide positive outcomes. So do we. This Plan expresses

our shared ambition and commitment to work together for, and with our children and young

people and their families and carers, to deliver seamless provision which meets the highest

aspirations. The Plan also sets out our determination to continue our collective work to close

gaps in achievement, health and other areas for our more vulnerable and disadvantaged

children and young people.

We want to ensure that our children and young people fully reap the benefits of our

outstanding health, social care, education and other services. We continually strive to

ensure children, young people and their families and carers are involved in the planning,

development and evaluation of services to ensure we are delivering services which are

meeting their needs. Ultimately we are collectively determined to make Lewisham a place

where all children and young people enjoy a stimulating, healthy and safe childhood, exceed

expectations and have the highest aspirations for their future.

Signatures

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Chapter One

Introduction

This is Lewisham’s fourth Children and Young People’s Plan (CYPP), which sets out the

strategic aims and priorities for all agencies working with children and young people across

Lewisham, from 2012 to 2015. The Plan strengthens the foundations established by our

previous plans for improving outcomes for children and young people in Lewisham, and

builds on what has been achieved over the lifetime of our 2009-2012 Plan.

The Plan also establishes how partner agencies will work together to improve those

outcomes that will make significant improvements to the lives and life-chances of our

children and young people; and gives further emphasis to our commitment to joint

commissioning of services to achieve better value for money and ensure our resources are

aligned to achieve the greatest impact for our children and young people.

Lewisham has a strong history of partnership arrangements, and these have led to

significant improvements, forged across every outcome area. This Plan demonstrates the

continued commitment of partners to work together to ensure our services are of the highest

quality, continually improving to make more of a difference to our children, young people

and their families. It focuses the Children and Young People’s Strategic Partnership’s future

work on improving a number of key outcomes where our evidence shows we need to

continue to improve and, in particular, where partnership action is required to improve the

lives and life chances of our children and young people.

The economic downturn and recent government cuts to funding for local authorities have

impacted greatly on the partnership’s resources and capacity to provide the same level of

services previously available. Across the partnership we have looked at innovative ways of

working together and sharing good practice, to ensure we make every penny of public

money work as hard as it possibly can to provide high quality services for our children and

young people, with a continued focus on improving outcomes. One of the approaches we

are taking is to ensure that we are better at targeting support to the children, young people,

and families who need it most.

We have, collectively, been highly strategic in responding to the economic challenges we

face. The partnership is committed to achieving more impact with less resource and we

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have restructured and strengthened our early intervention approaches and teams as a

result. Outcomes based contracts and joined-up working are giving us the basis of making

even more impact on the priorities set out in the Plan.

Ensuring that children, young people and their families receive the intervention they need,

early, is crucial in preventing their needs escalating and needing more specialist services.

Our last Children and Young People’s Plan further embedded across the partnership

effective mechanisms including our Common Assessment Framework and Team Around the

Child/Family approach to ensure all partners work together to meet the needs of our

children, young people and families. We have built on the collective partnership

commitment to early intervention through our redesign of Children Centres and family

support services where we have identified key outcomes that we want to see achieved.

The structure of the Plan is straightforward and sets out:

• our vision and values and the way we work;

• a summary of our needs analysis, leading to the identification of our priorities under

five outcome areas;

• four ‘key areas for impact’ identifying where we need to focus our collective energies

in order to secure impact on our priorities;

• for each priority, the impact we intend to have, the headline actions across the

partnership we will take to achieve this impact, and the performance indicators we

will use to measure our success against our targets;

• our governance and partnership structures;

• our approach to, and progress in, aligning resources and workforce and our joint

commissioning priorities.

The CYPP in context

The Lewisham Strategic Partnership (LSP) has pledged to help citizens achieve their

aspirations and ambitions. The LSP is committed to achieving its long held vision for the

borough:

Together, we will make Lewisham the best place in London

to live, work and learn

The 2012-15 Children and Young People’s Plan (CYPP) underpins Shaping Our Future –

Lewisham’s Sustainable Community Strategy 2008-2020. The CYPP sets out how

partnership agencies working with children, young people and their families will support the

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delivery of the borough’s priorities for the wider community, which are set out in the

Sustainable Community Strategy:

• Ambitious and achieving – where people are inspired and supported to fulfil their

potential.

• Safer – where people feel safe and live free from crime, antisocial behaviour and

abuse.

• Empowered and responsible - where people are actively involved in their local area

and contribute to supportive communities.

• Clean, green and liveable – where people live in high quality housing and can care

for and enjoy their environment.

• Healthy, active and enjoyable – where people can actively participate in maintaining

and improving their health and well-being.

• Dynamic and prosperous – where people are part of vibrant communities and town

centres, well connected to London and beyond.

Vision All agencies across Lewisham who work for our children and young people share a single vision: Together with families, we will improve the lives and life chances of the children and

young people in Lewisham

We will make a positive difference to the lives of children and young

people

We will have the

highest aspirations and ambitions for all our children and young

people

We will put children

and young people first every time

Together with

families, we will improve the lives

and life chances

of the children

and young people

in Lewisham

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Our Values

The vision is underpinned by three shared values:

We will put children and young people first every time

Everyone who works with children across the Borough will put the needs of the individual

child at the heart of how they deliver their services. The child’s needs are paramount; every

agency that comes into contact with the child and family is responsible for engaging other

agencies to meet the needs of the child. Children and families in Lewisham will tell their

stories only once and all the partnership agencies will come together to ensure a coherent

plan of support secures the desired outcomes for children. Children and families in

Lewisham are not ‘referred-on’ from one service to another. This is set out in our key

messages and is also embedded within our priorities.

We will have the highest aspirations and ambitions for all our children and young

people

All agencies will work with parents to be ambitious for all our children and young people.

We aim to ensure that every child who grows up in Lewisham can achieve highly, be healthy

and safe and contribute strongly to their communities. We will work with parents to ensure

that they have a clear understanding of what their child can achieve. All the agencies of

Lewisham’s partnership are committed to closing gaps and removing barriers to children

achieving their full potential whether they be socio-economic disadvantage, or challenging

systems of provision which may exclude some children and young people. All agencies will

actively promote inclusion.

We will make a positive difference to the lives of children and young people

Lewisham will continue its relentless focus on improving outcomes for our children and

young people, and making a difference to the well-being of children. Services across all

agencies must be sufficiently flexible to be able to respond to the needs of individual

children and families. Evaluation of all service delivery will be outcomes and evidence

based. Agencies must be able to demonstrate that the services they are delivering are

making real differences to the lives and life chances of our children and young people. In

doing this, we will listen carefully to children, young people and families and use their

evidence to shape and redesign services. Where services are not able to demonstrate that

they are making a difference and meeting the needs of our children and young people, then

all the partnership agencies are committed to reviewing those services and redesigning and

decommissioning services as appropriate. We will work together to reduce the number of

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Specialist

Targeted

Universal

Specialist

Targeted

Universal

professionals involved with each family and be creative about how we support families in

difficulty to help themselves.

Our Culture

Within Lewisham, our strong, mature partnership arrangements have cultivated a robust

culture which constantly strives to improve services for our children, young people and

families to improve lives and life chances. Our culture is underpinned by the following

across all partners:

• we all work for children;

• all Lewisham’s children are all of our concern ;

• all money is children’s money – we will make every penny count;

• we intervene early and target children and families at risk of poor outcomes –

including siblings;

• we all have personal responsibility to integrate and share information;

• there can be no resignation from the Teams Around the Child – we do not just refer

on;

• we have no wrong door.

The way we work in Lewisham

Lewisham has well embedded and mature Children’s Partnership arrangements.

All partners have agreed to work within a single framework in which services will deliver the

vision for our children and young people.

All agencies in Lewisham provide

services against our three stage

model: universal, targeted and

specialist. All Lewisham children and

young people must benefit from

excellent universal services. Within

those services we continue to embed

high quality targeted services for those

children and young people who may

have a problem, so that support can

be provided quickly to ensure that

problems do not escalate and eventually require specialist services. Our approach to early

intervention – including through Children’s Centres and family support services – ensures

that children, young people and their families needing targeted services are identified

effectively and early and receive the co-ordinated support they need across all relevant

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agencies, and that we are therefore improving outcomes by making the best use of our

resources.

Improved outcomes for children and young people can only be achieved through effective

partnership working. There is a real effort made across all partners to ensure that services

are seamless and that our children and young people receive tailored, evidence-based

support to meet their needs regardless of which agency they have engaged with.

Crucial to this way of working is Lewisham’s joint commissioning approach which is

fundamental to successful partnership working, a shared culture across all partners, better

joint working and continued integration of services for children. Our joint commissioning

delivers integrated support based on the use of robust evidence and needs analysis as well

as effective use of our resources ensuring our services demonstrate value for money. This

approach ensures that resources are targeted where they are needed; that there is a

continued emphasis on integration; and that levels of need are able to be met with fewer

resources.

Lewisham’s population is growing at an accelerated rate. There is a growth forecast in

Lewisham’s population of 27,000 over the next ten years and we will need to meet the

needs of an increasing number of children, with significantly reduced resources and with

fewer staff. Over the next five years, children aged under 5, and 5 to 12 year old children

will rise the most. There is a particularly marked increase forecast over the next 5 years. For

2016, our challenge will be to sustain the partnership’s high performance in delivering

effective services within these constraints and to prepare and design services so they are

able to cope with the anticipated increase in demand for services.

As before, this Plan will continue to demonstrate across all services that we will:

1. Collaborate – Collaborative working across the partnership is already well

embedded. The Common Assessment Framework is integral to ensuring children

and young people are assessed correctly and that the right services are put into

place through one contact or ‘lead professional’ instead of families trying to manage

different agencies. The Team Around a Child approach is an important mechanism

to ensure that all front line services work together to support the family. The role of

the lead professional continues to be to provide families with one point of contact

and advice for all of their needs.

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This approach continues to underpin our strategy for early intervention and family

support. This is further supported by Lewisham’s Workforce Strategy – which is built

on the principle that we all work for Lewisham children rather than agencies. The

Workforce Strategy ensures that all staff have the skills and information needed to

deliver effective and seamless services, and develop further our joint working to

deliver the change in outcomes for our children and young people set out in the Plan.

2. Be evidence based – The work of the partnership is supported by a strong evidence

base which is shared across all agencies. Each of the outcomes and actions

outlined in this Plan are underpinned by detailed analysis of need which is reviewed

annually to ensure it is still relevant and informs the steps we are taking to improve

outcomes for children and young people.

In addition, the partnership works within a well established performance

management framework which closely monitors activity, especially those outcomes

where progress is not on track to meet targets. This enables the partnership to

reviews its targets and where necessary take corrective action to improve outcomes.

We will publish a review covering each financial year of this CYPP 2012-15. The

review will provide a comprehensive account of how well we have done against the

action and outcomes we have set as well as set targets for the coming year. It will

also provide an overview on how well we have done against our key areas of impact,

use of our resources, and progress against our commissioning intentions.

33.. Be outcome focused – We must be able to demonstrate that we are making a

difference to outcomes for children. It is not sufficient to show, for example, that a

number of young people have been screened for sexually transmitted diseases, we

must also show what the outcomes were from that. For example, the number of

treatments that were received, whether there has been reduction in STIs, and

whether young people are aware and confident to access health advice, condoms

and request treatment. When services are designed and commissioned there is a

clear understanding of what success will look like. That success is always in terms

of improved outcomes for children and young people and their families.

4. Be efficient – The partnership’s commitment to the delivery of improved outcomes

includes a commitment to use all our resources efficiently and effectively, providing

value for money across all partners. We are committed to ‘all money being

children’s money’. At the time of writing this Plan, the Council along with its partners

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has been heavily affected by central government cuts in public spending. The

partnership has always been committed to making effective use of its resources and

ensuring its services demonstrate value for money.

This is now at the forefront of all decisions and great consideration is being given to

re-shaping the way in services are delivered to ensure the partnership is making the

best use of all of its resources, especially in the current financial climate. Although

resources are limited, we are committed to the challenge of maintaining and building

on the high quality services we provide as a partnership.

5. Be inclusive - The partnership is committed to ensuring that every single one of

Lewisham’s children and young people is able to access those services that will

improve their life chances and choices. Lewisham offers sustained support to those

children who are vulnerable, particularly our Looked After Children, children and

young people with learning difficulties and/or disabilities, young carers and those in

the youth justice system. Equally, our attitude is always on closing the gaps where

there are inequalities and where particular groups have poorer outcomes than

others. As part of ensuring that all children and young people benefit from the

improved outcomes set out in this Plan, an assessment of the impact of the CYPP

on equalities has been produced.

6. Listen - The views of children and young people and their parent/ carers are vital to

improved well-being. It is only by listening that services can understand how to meet

the needs of the people we serve.

7. Be innovative – Lewisham’s Children and Young People’s Partnership has a good

track record of developing innovative solutions to address complex and entrenched

issues. For example Lewisham is one area of the UK leading on youth engagement

and participation in citizenship, community responsibility and embedding

empowerment in young people to collectively work together to bring about change in

services which affect them and the wider community. Our young people have an

annual budget to commission services though our Young Mayor Scheme as well as

being actively involved in shaping commissioning priorities and the delivery of the

actions set within this Plan.

Engagement Process

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The involvement of our partners, children, young people and their parents/ carers in the

development of this Plan is critical to its success. This CYPP has been developed through a

rigorous and detailed engagement process across all partners including children and young

people, parents, schools, GPs, our voluntary and community sector and statutory agencies

as well as multi-agency working groups who will all have a part to play in the delivery of the

Plan.

Our engagement with young people in the development of the Plan has been through

ongoing consultation with children and young people from across the borough, and through

our young advisors, school councils and the young citizens panel collectively helping to write

chapters within the Plan where children and young people have a real role in creating

positive outcomes i.e. youth participation and support as well as strengthening youth

participation and support.

Our engagement with young people was initiated with ‘Take-Over Day’. This event enabled

two young people to assess critically the previous CYPP and provide us with feedback on

what and how the CYPP 2012-15 should be developed. This feedback has been used as a

catalyst to get an extensive number of children and young people involved in shaping this

Plan and more usefully for children and young people has led to the creation of their version

of the CYPP 2012-15. This provides a child-friendly version where children and young

people can find out about what’s happening, what’s available, how they can get involved in

shaping services and future developments The children and young people’s version of the

CYPP can be found on the Young Citizens Page of the Lewisham Website.

The engagement process continued with school councils, the young citizens panel and

fortnightly discussions took place with the Young Mayor and his advisors who collectively

have contributed to the writing of two sections of this Plan which they felt they could play a

role in making more relevant.

Young citizens are encouraged to be involved in our local assemblies to influence local

services that affect them. There are initiatives organised by local assemblies to increase the

interest children and young people have in local issues and this continues to improve the

numbers of children and young people who attend meetings. Key topics that children and

young people can influence and vote on include activities and support facilities for them.

We have actively sought the views of parents, carers and guardians through various

approaches including discussions at Lewisham’s Children’s Centre parent forums. We have

held workshops for the voluntary and community sector working with children and families

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and also held a briefing which instigated discussions and enabled us to gather views at the

Children’s and Young People’s Sector Forum.

Almost 100 professionals from across the partnership attended a stakeholder conference

regarding the CYPP 2012-2015 with the ultimate aim to critique, comment and understand

what is in the Plan and why. The feedback from this day has been absorbed and has

shaped the content of this Plan.

The development of the CYPP 2012-15 has been discussed at all our multi-agency

partnership working groups. The Key Areas for Impact and Priorities developed as a result

of both our rigorous needs analysis and discussion with these groups. The Local Authority’s

Children and Young People’s Select Committee has been engaged in the development of

the CYPP 2012-15 and the Plan has been formally endorsed by both the Mayor and Cabinet

and full Council. The Children & Young People’s Strategic Partnership Board has approved

the CYPP 2012-15.

Equalities Analysis Assessment

A full equalities impact analysis has been conducted and is available as a separate

document at the following web address:

http://www.lewisham.gov.uk/mayorandcouncil/aboutthecouncil/strategies

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Chapter 2

Key Areas for Impact

To make a difference to the lives of children and young people living in Lewisham, our

previous Plan identified four key areas of impact. These were areas where we needed to

work together to continue to embed and improve our practice in order to improve outcomes

relating to our priorities in the Plan. Our previous CYPP demonstrated that each of these

areas has shown significant improvement but there is still much to be done. Therefore this

Plan will retain over-arching key areas for impact, together with actions under the priorities

and commissioning intentions to ensure we achieve our aims for children, young people and

their families. The key areas of impact will continue to be applicable and recognisable

across the partnership and will have an impact on systems, processes, service design,

professional skills, and engagement and involvement of children, young people and their

parents/carers – and therefore on outcomes.

Our Key Areas for Impact

are as follows:

Promote the effective involvement

of children and young people in

their communities as active citizens;

secure the involvement of children,

young people and parents/ carers

in decision making, service

development and evaluation of

services which affect their lives

Involve children and young people and their families

KKeeyy AArreeaass ffoorr IImmppaacctt

Ensure our early intervention and

targeted support approaches are

embedded and have direct impact

for children.

Make sure early intervention makes a difference

Secure and retain a strong,

committed and highly skilled

workforce across the partnership,

with outstanding leadership and

management

Ensure we have the best people working for our children and young people

Promote the highest aspirations

and ambition for all our children

and young people right across

the partnership, particularly to

close gaps and secure social

mobility.

Close the gaps and secure social mobility

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Chapter 3

Summary Needs Analysis

TThhee LLeewwiisshhaamm ccoonntteexxtt

Lewisham is the second largest inner London borough and in 2011 was home to

approximately 274,900 people (GLA population estimates) which is set to grow by around

11,000 by 2015. Lewisham has a slightly younger age profile than the rest of the UK;

children and young people aged 0-19 years make up 24.5% of our residents, compared to

22.4% for inner London and 23.8% nationally. Births in Lewisham increased by 34%

between 2000/01 and 2009/10 and will continue to increase at a similar rate for the next 5

years. Lewisham has 38,805 pupils within its 90 schools, and 1 new special school due to

open in September 2012.

Whilst 40% of our residents are from black and minority ethnic backgrounds this rises to

77% within our school population, where over 170 different languages are spoken by our

pupils. Our BME school population continues to rise and this is evident through each of our

previous CYPPs: during our 2006-09 CYPP our BME school population was at 70% , which

rose to 73.5% BME school population by the time we published our last Plan in 2009.

Deprivation is increasing in Lewisham. The 2010 Index of Multiple Deprivation ranked

Lewisham 31st out of 354 local authorities (LAs) in England compared to a rank of 39 in

2007. On the specific indicator of income deprivation affecting children, 35 (out of 166) of

Lewisham’s super output areas are in the 10% most deprived in the country, and 85, over

half, are in the 20% most deprived in the country. It is estimated that 20,355 children (ages

0 – 18) live in poverty in Lewisham.

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BBee HHeeaalltthhyy

Historically Lewisham has had a low take up of immunisations. Since 2008 and the

introduction of our immunisation action Plan, we have achieved strong improvements in our

immunisation rates, rising at a higher level than the London average and the latest figures

show the percentage of 2 year olds receiving MMR1 (Measles, Mumps and Rubella)

immunisations has risen from 78% to the most recent immunisation rate of close to 89% in

March 2012 (national performance was 88% in late 2011) . We have a mobile population

locally, which means that children may move before their immunisations are complete.

Latest figures for the uptake of MMR2 (Pre-School Booster), is below 70% and along with

uptake of MMR1, remains a significant challenge. This is a key area within the Child Health

Promotion Programme and Child Health Strategy and will continue to be a major area of

focus in Lewisham.

Index of Multiple Deprivation 2010

Income Deprivation Affecting Children

Source: Department for Communities and Local Government (DCLG)

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Lewisham has achieved a continuous improvement in low birth weight babies, down to

7.9% in 2009, and down again to 7.7% in 2011. Lewisham is better than published similar

London Boroughs (our Statistical Neighbours achieved 8.3%) but slightly worse than

National (7.5%). Previous successes resulted from a successful local campaign, which

focuses on reducing the number of mothers who smoke, and improving early ante natal

attendance .

We continue to prioritise services for disabled children and we aim to sustain the number of

disabled children, young people and their families receiving a short break. We saw an

increase of over 100% in the number of children who received a short break 2008/09-

2010/11.

The Lewisham multi agency centre, Kaleidoscope , continues to support families and their

children from one location, and brings together specialist community services for health,

disability, mental health, education and social care - all working closely with the voluntary

sector. A new weekly drop-in clinic for 14-18 year old Looked After Children (LAC) opened

in February 2011 providing sexual health advice, hearing and eye test, immunisations and a

range of other health services. Feedback forms demonstrate a high rate of satisfaction from

LAC who have used this service. The specialist services provided to children, young people

and their families at Kaleidoscope ensure that children are receiving joined up services and

that Looked After Children are accessing the health services they need.

Over the life of the previous CYPP, targeted work by partners raised the performance of

Looked After Children receiving annual health assessments from 77% in March 2009 to

81% by March 2011. Although this shows some improvement, performance is variable and

the latest Lewisham figure, 80%, remains below the national average (84%), statistical

neighbours (88%), and our target of 91%. There is still more work to be done to remove

barriers for all LAC to receive annual health assessment, to ensure the timely receipt of

medical attention to identify and treat problems as early as possible. It is estimated that

LAC are 40% more likely to have a mental health issue, which rises to 70% for children in

residential care. LAC with some form of dependency are more likely to decline offers of

intervention. The partnership takes an holistic approach to supporting their health through

dedicated teams for mental health, substance misuse and early identification and mentoring

of those looked after young people who are exhibiting risky behaviour.

March 2011 shows that over 79% of our Looked After Children had their dental check in the

last 12 months. This is 6% below our comparator neighbours (SN) and 2% below national.

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From a very poor baseline in 1998 (80 conceptions per 1000 population), Lewisham’s

Teenage pregnancy rates have been reducing steadily and at December 2010 Lewisham

achieved its best improvement rate against the 1998 baseline. The national Teenage

Pregnancy Strategy, since its publication in 1999, aimed to reduce teenage conceptions in

England by 50% by 2010 and the improvement rate for Lewisham has been a reduction of

nearly 40% (down from 80 per 1000 to less than 50 per 1000). Our improvement rate is

sixth best in London (out of 32 boroughs), the best of statistical neighbours, and has ranked

Lewisham as the 15th best improved local authority in England. However, there is still

much work to be done. Lewisham’s conception rate of 48.6 per 1000 15-17 year old is still

high and ranks us at 122 out of 149 local authorities in England (rank 1 = lowest

conception rate) and although we have improved in ranking compared to previous years we

continue to be in the worst quartile nationally and also within the worst quartile in London.

Our work is focused on early intervention work with those young people who have a high

risk of teenage conception, mentoring them into education and employment, and raising

their aspirations. We have a range of successful activities across our health partners

which are designed to improve access for young people to sexual health information.

During our engagement process, our young people thought that services for sexually

transmitted infections were very good. They praised the longer opening hours, better

awareness of the services that are available and the range of services offered in numerous

locations throughout the borough.

Lewisham has an excellent record in the numbers of young people screened for sexually

transmitted infections with 46% of young people in Lewisham screened against a national

target of 35%. We are the second highest in the country for uptake of Chlamydia testing in

under 25s. Of those tested, 9.5% of tests for Chlamydia were positive. Given our high

screening rates, it is expected that we will have a higher detection rate. Whilst this rate

demonstrates the progress we have made over the life of the previous CYPP, we

understand that that we still have further work to do to maintain the high rate of screening

and further reduce the incidence of sexually transmitted infections and the incidence of risky

behaviour.

Across the country, obesity levels are rising and figures show that this is also true for

Lewisham, particularly for Year 6 primary school pupils; reducing childhood obesity

continues to be a priority. Our data shows that for the 10/11 school year , we had reduced (-

2.5%) obesity for reception age school children to 11.1% (compared with 11.7% for our

benchmark authorities) and with 24.4% (remains the same as 09/10 school year) obesity

for our Year 6 children (compared with 23.5% for our benchmark authorities). We remain in

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the worst 25% of LAs nationally for levels of obesity in both age groups, and this continues

to remain a key priority for us. Our developing Healthy Weight/Healthy Lifestyles Strategy

will outline in detail the measures we are taking to tackle obesity.

We have continued to promote healthier eating at school too. Almost 100% of Lewisham

school have achieved ‘healthy schools’ status. We have increased the number of pupils

taking up school lunches to 56%, which is notably higher than the national average of

39.5%. Healthy weight is supported by active lifestyles and at March 2011 82% of our 8-16

year olds had participated in high quality sports (in the best 25% of LAs nationally), and up

from a low baseline of 49% in 2006. Although we are higher than our statistical neighbours,

we have not yet reached our target (95%) and will continue this improving trend through

targeted sports and activities for CYP and their families.

Estimates show that Lewisham has a higher number of young people who use drugs than

the national average and data indicates that Lewisham young people begin using

substances at an earlier age. Lewisham has managed to make strong improvement against

our targets, we have closely monitored newly commissioned services ensuring they are

reaching a greater number of vulnerable young people. At the end of December 2011 , 229

young people had received Tier 3 specialist treatment. This is a positive increase from our

2010 figures (176 Tier 3 March 2010) and shows an upward trend to meet identified needs.

Parents have identified this as an area of concern and it will continue to be a key area for

priority for the partnership, with services being designed to improve treatment and life

chances for young people.

An estimated 710 young people in Lewisham started smoking in 2011 which is more than

twice the national rate. Nationally, 12% of 15 year olds smoke, equivalent to 338 in

Lewisham and it has been found that the younger people are when they start to smoke, the

greater the damage to health in later life and risk of premature death. Children and young

people are much more likely to smoke if their parents, siblings and friends smoke and

therefore this will continue to be an area of focus for us to ensure we are intervening early.

Ensuring our children and young people have the intervention and support they need to

maintain emotional and mental well-being is fundamental to increasing their life chances and

fulfilling their potential. Lewisham has reached the maximum score of 16 in March 2011 for

its Children’s Mental Health Services, following extensive improvements in service provision

and in reducing waiting lists. We will continue to ensure that aligned and integrated services

ensure levels of need do not escalate for those children and young people experiencing

mental and emotional problems.

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Our analysis demonstrates that we need to focus on the following priorities to improve the

health of our children and young people:

• Reduce health inequalities by:

i. improving the take up of immunisation and

ii. reducing the number of babies born with low birth weight

• Improve the health of Looked After Children

• Further reduce teenage conceptions and reduce the rate of sexually

transmitted infections

• Reduce childhood obesity

• Reduce substance misuse, including alcohol and tobacco

• Promote mental and emotional well-being

SSttaayy SSaaffee

Every child has the right to live in a safe and secure environment, free from abuse, neglect

and harm. Reducing child abuse and neglect remains a key priority for the partnership and

one which over the course of the previous CYPP has seen significant improvements.

Ofsted’s annual assessment of our children’s services have been merited as ‘performing

excellently’’ for three continuous years 2009-11. Our most recent unannounced inspection

of referrals and assessment services in 2010 found that “prompt action is taken when

children are identified as being at risk and in need of safeguarding. Subsequent child

protection investigations are thorough and undertaken by suitably qualified social workers.”

In addition, Lewisham had an announced inspection of its Looked After Children and

Safeguarding Services in early 2012. Our safeguarding services were rated as

“outstanding” and services for Looked After Children were rated as “good”. The inspection

highlighted that “the overall effectiveness of the council and its partners is outstanding.

Children and young people in Lewisham are very effectively safeguarded through a

combination of initiatives lead by partner agencies and some directly influenced by young

people.”

Our strategic approach of early intervention ensures that we work across the partnership to

identify and meet children’s needs as soon as possible in order to prevent escalation. We

continue to use our ‘Common Assessment Framework’ (CAF) and ‘Team Around a

Child/Family’ as tools to improve outcomes for children and young people with the purpose

that the necessary services will be in place for the earliest possible support, and to reduce

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the number of families and children being referred to Children’s Social Care. The incidence

of referrals per 10,000 of the population has already decreased from 628 at March 2009 to

401 at March 2012 , as a result of the early intervention which is already taking place.

There will be further service changes to again increase the focus on children and the earliest

possible access for families to the services that they need.

We have a risk based approach to safeguarding children. Following a slight increase in

2011 in the number of children subject to a Child Protection Plan (CPP), this has now

reduced to similar levels as in 2010; our risk based approach enables us to ensure that

appropriate support is provided to parents to ensure that children subject to a CPP are safe

and sound in their own home. At March 2012 there were 199 children with a Child

Protection Plan (CPP). Lewisham remains one of the London boroughs with a low

incidence of CPPs, and with 33.4 children with a CPP per 10000 under 18s at March 2012 ,

lower than SN (44.4 per 10000), and fewer than national (38.7 per 10000). We anticipate

that the number of children with a child protection plan will gradually increase over time as

we enable families to remain together with the right parenting and family support, as

opposed to placing children in alternative care. The success of intervention and support is

partly measured by the indicator for repeat CPPs. The success to date is evidenced by the

reduced number of children subject to a child protection plan for a second or subsequent

time which at March 2012 was 8.4% , and remaining close to 7-8% in recent months

(2011/12). We are outperforming our statistical neighbours (at 14.4%) and the national

average (13.3%).

We have increased our provision of services to children who have run away from home and

need care overnight and 100% (as at March 2011) of children are offered follow up visits

once they have returned home. This area of strength was recognised by Ofsted in the

unannounced inspection of Contact and Referrals in November 2010.

We have greatly improved placement stability for children who are looked after , with fewer

LAC experiencing 3 or more placements within 12 months; 10% in March 2012, a

performance that is similar to SN (9%) and better than national (11%). This has been a

notable improvement during the previous CYPP. Placement stability remains a clear focus

to ensure that our children who are looked after are safe and nurtured. At March 2012 , 67%

of looked after children who had been looked after for more than two and a half years had

been in their placement for at least 2 years. There remain concerns about long term

stability. At March 2012 66% of children who have been looked after for more than 4 years

have been in the same foster placement for more than 2 years. This is above our target of

60%.

From March 2009 to March 2011 there has been a steady decline in the number of children

affected by incidents of domestic violence. Local estimates show that this is down from

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1,765 to 1,329. MARAC data shows that there were 23% repeat incidents of domestic

violence and victimisation. This too is a decrease from the March 2010 figure of 29% and

better performing than our target of 27%. Lewisham continues to have one of the highest

rate of domestic violence offences in the Metropolitan Police area with 2,057 reported

offences reported in 2010/11. Our Looked after Children, who were consulted as part of our

engagement process, thought that supporting children and young people caught up in

domestic violence was very important. To ensure our intervention is effective and leads to

positive outcomes we have a dedicated social worker for domestic violence and where

appropriate multi-agency plans are developed and the Multi Agency Risk Assessment

Conference (MARAC) are involved. The MARAC has been operating in Lewisham since

February 2009 and to date there have been 680 cases discussed involving 788 children.

Outcomes show that after support from a MARAC, 45% of victims experienced no further

police call outs. A further 20% of victims had fewer police call outs after the MARAC. There

are 40 agencies signed up to the MARAC Information Sharing Protocol across Lewisham.

Many of Lewisham’s families need additional support at key points in their children’s lives.

The previous CYPP was underpinned by a strong commitment to early intervention to

prevent problems for children, young people and families escalating, that commitment is

continued in this Plan. Our CAF and TAC process is crucial to us achieving this. Lewisham

has used over 5200 CAFs in the 2 years to September 2010. The CAF is the key cross

agency tool to ensure that families in need receive the best range of co-ordinated services,

including Family Support, and in the future from our Early Intervention Service. When

compared with other published data for London, Lewisham has 8.3% of CAFs (as a

percentage of the child population), which is generally higher than other boroughs.

Lewisham has an on-going and robust quality assurance process for monitoring the quality

of CAFs, including a six monthly Quality Audit Report. Our analysis shows that although the

CAF is very much established across the partnership and much work has been done with

our partners around the use of CAFs, there is still work to be done to ensure we keep

improving the quality of our assessments of children’s needs and ensure from these

assessments that we are able to provide the right services to support the child and family.

We need to continue to intervene early to prevent problems within families becoming a crisis

which requires a social care referral. We have continued to work closely with families to

ensure that children are able to stay safely at home. At the end of March 2012 499 children

were looked after, a decrease from 526 at March 2010. Although we have made progress in

this area, we will continue to strengthen our support to families in crisis and intervene early

to ensure we are doing all that we can to keep families together. An independent advocacy

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service has been operating for over 8 years to support parents with children who are the

subject of child protection proceedings.

Through our continual engagement processes our children and young people give us a

consistent message that feeling safe is their key concern, particularly bullying, anti-social

behaviour, safety on public transport and feeling safe in parks and play areas. In Lewisham

we have a strong commitment to reducing bullying which is evidenced through our anti-

bullying strategy and in addition our schools are responsible for producing their own anti-

bullying policies. We continue to ensure schools report on bullying and equalities incidents

termly. In 2010 84.6% of Lewisham Secondary schools were judged by Ofsted to have

good or outstanding standards of behaviour. This is better than the national average (78.6%

) and statistical neighbours (81.7%).

Our analysis demonstrates that we need to focus on the following priorities to ensure that

our children and young people are safe:

• Reduce child abuse and neglect

• Reduce harm to children and young people caught up in domestic violence

• Provide secure and consistent support for Looked After Children, particularly

placement stability

• Support families at risk of being in crisis

• Ensure that children and young people feel safe

EEnnjjooyy aanndd AAcchhiieevvee

Lewisham continues to achieve steady progress in raising educational standards. Most

recent GCSE results for Summer 2011 show that 56% of our young people had achieved 5

A*-Cs at GCSE including Maths and English. This is an increase of 10% over the life of the

previous CYPP. Although we have met our target of 56% and we are progressively closing

the gaps with the national average and our statistical neighbours, Lewisham has lost ground

over recent years to many other LAs in London and nationally, and has slipped in the

national rankings. Lewisham is in the lower median quartile. More needs to be done and

attainment at every Key Stage, and particularly at GCSE and post 16, will continue to be a

key area of focus.

We have seen considerable improvement within our Early Years Foundation Stage with a

rise of over 20% to the most recent results in Summer 2011 when 60.6% of Lewisham’s

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youngest pupils achieved over 78 points in Personal Social and Emotional Development and

Communication Language and Literacy compared to 39.6% in Summer 2008. Our current

performance has exceeded our target and also the performance of our statistical neighbours

(59%) and for the second successive year is above the national average of 59%.

In March 2012, Lewisham increased performance at Key Stage 1 for Reading, Writing and

Maths, but with a variable trend over time. Lewisham’s performance for pupils achieving

the expected Level 2 and above is generally better than Statistical Neighbours, but remains

consistently below the national average and frequently close to the lowest quartile

nationally. Lewisham pupils achieving the more secure level 2b+ and greater is lower than

statistical neighbours and much lower than national, and hence the focus continues to

ensure that 7 year olds are achieving much better at Key Stage 1 to enable them to make

secure stepped progress through primary school to key stage 2 at age 11. In contrast with

this is the higher attainment at level 3 and above, where Lewisham pupils have achieved

well in 2011, and are better than national and statistical neighbour benchmarks.

At Key Stage 2, for pupils achieving Level 4 and above in both English and Maths, there is

an overall improving trend of performance over the last 3 years, from 66% in summer 2007

to 75% in summer 2011 : 9% over 5 years. Lewisham is better than national (74%) and

equals comparator authorities (SN average 75%) with further improvement expected

through focused intervention.

In Summer 2011, we had no schools where fewer than 35% of pupils (2011 GCSE floor

target) achieve 5 or more A*-C grades at GCSE or equivalent including English and Maths.

Significant progress has been made within this area and particularly since 2009 when there

were two Lewisham schools who had not achieved this level of attainment. Work is

ongoing, and where schools are predicting lower than 55%, they will continue to be targeted

and supported. Lewisham’s overall GCSE increases have slowed compared with London

and national benchmarks, particularly for 5+ GCSEs A* - C grades. Lewisham has

accelerated its focus on early intervention with the ‘lens’ programme in schools and with

schools’ leadership teams ensuring that they are sharing good practice and providing the

highest standards of education for their pupils. Over the lifetime of the 2012-2015 CYPP,

GCSE improvement needs to accelerate. Within this overall GCSE improvement is the

recent focus on the English Baccalaureate (En Bacc): Lewisham, at 12.5% in 2011, has a

small improvement but remaining well below SN ( 15.2%) and national (17.6%). Within the

En Bacc components, Lewisham is furthest behind inner London and SN boroughs for

Maths and the humanities (History and Geography) in 2011. Over the past three years the

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percentage of schools in the good and outstanding Ofsted inspection categories has

increased and in 2011 was at 74.3% up from 67.8%.

In Lewisham we are focused on improving educational standards for those groups of pupils

who are identified as underperforming in order to close the gap and reduce the risk of poorer

outcomes, and we continually target those children and young people for additional support.

For Summer 2011 results, over 13% of Lewisham’s Looked after Children had achieved 5

A*-C GCSEs including English and Maths. Whilst this is above the national performance it

is slightly below our statistical neighbours and will remain a key focus for our attention,

whilst it remains for Lewisham, as for most other LAs nationally, considerably lower than the

attainment for all pupils. Looked After Children must have education and life opportunities

and achieve as well as their peers.

We continue to concentrate on closing the gap in attainment of our pupils from black and

minority ethnic backgrounds. For example, Lewisham’s Black Caribbean pupils have

improved their performance at GCSE 5 A*-C from 52% in summer 2008 to 63.2% in

summer 2011, and we are closing the gap (8% below in 2008 compared with 5% in 2011)

with all pupils’ GCSEs (68.8%).

The attainment of pupils eligible for free school meals (FSM) has increased and in Summer

2011 40.3% of FSM pupils achieved 5+ A*-C GCSE grades including Maths and English,

this is a notable increase from 32% in Summer 2008 .

Ensuring that we meet the support needs of our children and young people who have

special educational needs will continue to be a key area of focus and in Summer 2011 24%

achieved 5+ A*-C GCSE grades including English and Maths, and although we are

performing better than national average we are below our statistical neighbours and will

continue to progress this area.

Births in Lewisham increased by 34% between 2000/01 and 2009/10 with a corresponding

increase in the demand for places in primary schools. Demand has exceeded supply since

2009/10 and is forecast to continue at this higher level until at least the end of this decade.

By the end of 2011, 564 additional places will have been provided across 22 schools. For

the 2010/11 academic year 74% of families who applied on time were offered a place at

their first preference school. For 2011/12 the figure is 75%. We will continue to meet

demand for school places but we will need to work with schools to build capacity beyond

the additional forms of entry that have already been added to our schools.

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School absence is a major factor in low attainment, poor well-being and lack of progression.

Lewisham has made a significant improvement in reducing the number of days Looked After

Children are absent from school for over 25 days, reduced from 20.8% in 2007 to 12% at

2011. This is worse than the national average of 11.5% but better than our statistical

neighbours at 12.3%, and below our target of 11%.

Primary school attendance in Lewisham continues to improve, and the focus remains on

reducing secondary school absence, particularly Persistent Absence (historic trends for 20%

PA threshold are available, and most recent data for 2011/12 school year for the new 15%

PA threshold) Our PA rate (20% PA threshold) in secondary schools has reduced from

6.5% at Summer 2008 to 4.6% at Summer 2011, and although improving 0.9% worse than

both SN and national in 2008 to 0.6% worse than national in 2011, Lewisham has only

slightly closed the gap with these benchmarks, and needs to further accelerate the

improvements in secondary school attendance.

Although we had a reducing trend for exclusions, this has recently become more variable,

with recent increases in fixed and permanent exclusions. Permanent exclusions from

secondary schools have doubled in three years to 2011 (49 in 2010/11 school year), and

fixed exclusions have also increased overall from 2008 to 2011 in secondary schools. The

rise in permanent exclusions, now equal to statistical neighbours (0.11%) and slightly higher

than the national average of 0.09% , indicates that this decline in performance needs to be

addressed. There were still no permanent exclusions from primary schools, Looked After

Children or pupils with statements of Special Educational Needs; nor of children subject to a

Child Protection Plan. We aim to continue to decrease steadily the percentage of children

being excluded from school, and in particular we are working with secondary schools using

a range of tools (including targeted casework, fixed penalties and truancy patrols) to reduce

it further.

During our CYPP engagement process, our children and young people told us that having

safe places out of doors to play helps them stay fit and healthy and that there should be

more activities for young people as it helps stop anti-social behaviour. There are over 40

parks in Lewisham, many of which include play areas and adventure playgrounds. Many of

our parks have undergone makeovers and we continue to put a high priority on the provision

of play areas and parks for our children. We continue to encourage and support our

children and young people to participate in physical education and high quality sports and in

March 2011 82% had done so, in comparison to 49% in March 2006. This is above our

statistical neighbours at 81%, but below national (86%); Lewisham’s improvements have not

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kept pace with national and statistical neighbour improvements. At 82% Lewisham is below

our target of 95% and there is still much work to be done

We continue to prioritise services for disabled children and we aim to sustain the number of

disabled children receiving a short break. We have developed a ‘short breaks services

statement’. This has been published on the Lewisham website and details all short breaks

services in Lewisham and associated eligibility criteria. The statement has been developed

in collaboration with parents and carers to ensure it accessible to everyone. We saw an

increase of over 100% in the number of children in receipt of a short break during 2010/11

and further commissioning will take place in 2012 in consultation with parents and carers to

ensure families needs are being met through the provision of the right services. We

continue to steadily increase the percentage of children whose Special Educational Needs

(SEN) statements are completed within 26 weeks and at the end of 2011 97.8% of all

statements were issued within timescale. Although we are below our target of 100%, we

continue to exceed performance of our statistical neighbours at 81% and the national

average of 88%.

In alignment with the SEN and Disability Green Paper – ‘Support and Aspiration: A new

approach for children with SEN and disabilities’ published in 2011, we are now looking at

service re-design to further improve our performance and reduce our timescales to 20

weeks through a single assessment process, which will provide children with a single Heath,

Education and Care Plan by 2014.

Our Multi-Agency Planning Pathway (MAPP) is a single point of entry to an early support

pathway which brings together the ‘team around a child’ to provide a package of coordinated

services to support those children with complex needs. In March 2011 the MAPP service

supported 350 children, young people and their families. Feedback is regularly gathered

from our service users and so far, has been very positive with families feeling that they are

listened to and their opinions make a difference to the service they receive.

Throughout the consultation process of this Plan, stakeholders; particularly children, young

people and their families, have highlighted the need for all agencies across the partnership

to support children and young people in accessing culture, sport, leisure and play activities.

Childhood should be fun, for all our children.


our children and young people enjoy and achieve:

• Raise achievement at all key stages

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• Close the achievement gap between underachieving groups and their peers

• Improve secondary school attendance

• Meet the needs of children with complex needs and disabilities

• Ensure there are sufficient school places for every Lewisham child

• Ensure children and young people access culture, sport, leisure and play

activities

MMaakkee aa PPoossiittiivvee CCoonnttrriibbuuttiioonn

The young people of Lewisham continue to take their place at the centre of the Council’s

decision making processes, through the election of the 7th Young Mayor in 2010 with a

turnout of 49.27%, or 9363 young people. This turn out represents a small increase in

participation from 49% in 2007 and we continue to have high turnout figures year on year ,

showing sustained interest and participation in our democratic process. Feedback from the

Young Mayor and advisers and the Young Advisors is that they place great value on being

involved in participation and they gain a great deal by being involved. In particular the

opportunity to have their opinions heard and to influence and make sustainable decisions

about things that affect them in the borough as well as the new experiences that being

involved in participation has brought to them in terms of travel, meeting different people and

developing their skills. Children and young people think their views are listened to about the

local area.

Volunteering opportunities enable our young people to broaden their skills and make a

positive contribution to their communities. We are committed to providing volunteering

opportunities across the partnership and in 2011 there were over 400 young people

volunteering in the borough.

We continue to increase the number of young people in our Young Citizen’s Panel (YCP)

and in 2010 we had 791 young people on our YCP database, 1062 on Facebook and 294

on Twitter, against a target of 300. Young people have told us that accurate, useful

information about available services is very important and helps them to make choices

about their future. Guidance and support helps young people meet their own needs and

overcome barriers and it has been found that those that are in receipt of high quality youth

services are less likely to drop out of courses. We continue to provide targeted youth

support services, especially to those who most need this provision i.e. those who

demonstrate a high risk of entering the criminal justice system, or becoming pregnant or

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leaving education with no qualifications. We continue to reduce the inequality gaps and

encourage every young person to fulfil their potential.

Young people are encouraged to actively participate in decisions that affect their services.

Young people are recruited from a range of agencies and supported to assess funding

applications for the Positive Activities Fund, which continues to be maintained even in the

current financial climate where resources are limited. 56 people from a range of agencies

including the voluntary sector, schools, young advisors and the wider community were

engaged in assessing bids for youth provision and determining what services will be

commissioned. Young people’s views are sought and considered in all decisions affecting

services for them, and the positive impact of this is regularly demonstrated through

outcomes and feedback.

In March 2011, a total of 15,509 young people accessed a positive activity through the

Positive Activities for Young People (PAYP) programme. This is a priority across the

partnership and positive activities for our young people will continue to be increased over

the course of this CYPP. In March 2011, 2523 young people achieved accredited outcomes

through our Positive Activities schemes (Accredited outcomes provide young people with

units towards qualifications such as Duke of Edinburgh Awards and employability skills,

assisting the transition to adulthood).

Lewisham has implemented a highly successful restorative justice approach and schools

using restorative justice practices have noted significant reductions in incidents of bullying

and fixed term exclusions. This successful programme has been rolled out across targeted

areas within Lewisham, where young people maybe at a higher risk of being involved in or

victims of crime. There is however, a need to refresh training for restorative justice across

schools to ensure it remains embedded. We intend to so this as part of our Troubled

Families programme. Lewisham has a number measures in place for children and young

people at risk of offending such as the Youth Safety Assessment toolkit which shares

information on those most at risk, restorative justice programmes to prevent young people

from entering the youth justice system and early intervention programmes to help support a

young person and meet their and their family’s needs. Tackling youth involvement in gangs

and breaking gang culture is a priority across the partnership and targeted work is being

progressed.

In partnership with the Police, we continue to decrease the number of first time entrants

(aged 10-17) to the youth justice system and in March 2011 there were 968 entrants(per

100,000), a significant decrease from 2,601 entrants (per 100,000) in March 2009. This

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decrease is the result of the ‘Triage’ initiative, which diverts low level offenders from

receiving a criminal conviction.

We continue to reduce the rate of proven re-offending by young offenders and in March

2011 the rate of repeat offences per young offender had decreased to 0.81, a reduction of

one third from 1.2 repeat offences per young offender at March 2010. This compares

favourably to a national rate of 0.98 and statistical neighbours of 1.02. A range of

initiatives have been developed to sustain this reduction in re-offending, which also reduce

the risk of harm to young people.


our children and young people are able to make a positive contribution:

• Strengthen further youth participation and involvement

• Reduce anti-social behaviour and youth crime and support young people who

are the victims of crime

• Provide integrated youth support for all young people to ensure they are able

to make informed choices about their lives

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The economic downturn and recent reductions in public sector funding across London have

had a negative impact on employment levels within Lewisham, contributing to significant

increases in youth unemployment. Nationally published data demonstrates that there are

high levels of youth unemployment in 18-25 year olds in the borough, up to a peak youth

unemployment rate of 35% in 2010. Lewisham consistently has levels of youth

unemployment in the highest third of Local Authorities in the country, and in some areas

Lewisham is in the highest 10% in the country. There are indications that during 2011

average youth unemployment has reduced from this peak, but remains higher than our

statistical neighbours (usually close to 25%) and the national average (frequently nearly

20%). Within Lewisham our ‘Not in Education, Employment or Training’ (NEET) Strategy is

to reduce the number of young people that are not in employment, education or training.

We have made much progress with our 16-18 year olds but we know that more work is

needed with our older NEETs (those aged between 19-24).

Lewisham has consistently had a very low number of young people who are NEET, although

this has been increasing due to the national economic climate. Lewisham is working closely

with schools and post 16 providers to ensure that the destinations of our 16 – 18 year olds is

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known now that service provision has changed, and that Information, Advice and Guidance

(IAG) is provided through schools and colleges, along with specialist targeted intervention

for vulnerable young people. The revised tracking and IAG has nationwide produced new

challenges to track 16 – 18 year olds, and is focusing on ensuring that NEETs and EETs

data is complete and up to date, and minimising the numbers of ‘unknowns’. Lewisham

NEETs, at 4.2% at March 2012, and the ‘unknowns’ at 14.8%, are all relatively low (good)

compared with national and local benchmarks: London NEETs 4.5%, national NEETs 6%.

We have continued to focus on those who are more vulnerable to becoming NEET, in

particular teenage mothers, young carers, young offenders, young people with substance

misuse, young people with learning difficulties and/or disabilities and our care leavers. In

March 2011, Lewisham had 74% of Care Leavers in Education, Employment up 4% from

March 2010. Lewisham continues to perform better than its statistical neighbours at 63.3%

and the national average of 61%. In addition, Lewisham had 82% of its young offenders in

Education, Employment or Training (EET) in March 2011. This is also better than the

national average of 73% and better than our statistical neighbours at 76%. This has been

achieved through the work of our Youth Offending Service and the increased emphasis on

developing effective partnerships with local schools, colleges and training providers.

Unemployment is on the rise in Lewisham as it is across much of England,. In May 2012,

the number of 16-24 year olds claiming JSA was 2,380 which is 8% of all 16-24 year olds in

the borough. This is much higher than the London average of 5.7%. The number of 16-24

year olds claiming JSA for more than 1 year has increased from 20 in April 2008 to 320 in

May 2012. Supporting our young people to gain skills and experience which will enable

them to secure sustainable jobs is a priority for the Council and our partners.

Along with our partners, the Council set up the Lewisham Apprenticeship Programme in

2009. Since then we have created over 200 apprenticeship opportunities within the Council

and in partner organisations. Our partners include organisations in the public, private,

community and voluntary sector e.g. Lewisham Homes, L+Q Housing Trust, Lewisham

Healthcare NHS Trust, Millwall Community Scheme, Teachsport, Mitie, Breyer Group Plc,

Citizens Advice Bureau and the Horniman Museum.

We are taking forward the recommendations of the Lewisham’s Youth Task Force. The Task

Force assessed the implications of the recession on young people and considered some of

the challenges arising as a result of the recession. The recommendations include actions to

improve employment opportunities for young people, as well as the provision of support for

young people who want to set up a business. The Lewisham Enterprise Programme and the

NEET Enterprise Project both aim to support young people who want to set up a business.

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We have worked with Barclays Corporate in Canary Wharf to set up a programme called

Barclays Beyond. This programme was an employee-led student mentoring scheme that

aims to raise aspirations and career prospects of young people. 10 Lewisham young people

have benefitted from one to one mentoring sessions with Barclays’ employee volunteers by

developing new skills from interactive workshops so that they are equipped to go beyond

their boundaries. 10 young people took part in this initiative. Following the success of

Barclays Beyond, the Council is now working with a brokerage based in the City to create

work experience and summer internship opportunities with city Institutions. Approximately

200 young people from Lewisham schools will take part in this programme.

In 2011 Lewisham achieved a 97.9% success rate at A level grades A to E, 0.1% higher

than the national figure (97.8%). Within this the percentage of candidates receiving 3 or

more A* and A grades has a variable trend in recent years, but overall since 2008 has

risen by 0.8% to 5.5% , and is slightly below the SN average (6.4%). Lewisham progress in

higher graded A levels is slow, and further focus on raising attainment will be implemented

through the 14 – 19 partnership of schools, colleges and the LA. The aim is to provide the

highest possible standards of post 16 education to enable pupils at all providers to achieve

the highest levels.

The borough has recently closed the gap with national for Level 3 attainment at age 19. In

2008 Lewisham was 4% below national (LBL 43.5% and national 47.5%), and 3.3% below

SN (46.8%). Lewisham’s improvement needs to be further extended to ensure that all

groups of pupils achieve well at Level 3. FSM and non FSM attainment for level 3 at age 19

shows some key differences compared with national: Lewisham FSM pupils are at 44% in

2011, and are consistently above national FSM (+12% in 2011), although non FSM pupils

are equal to their peers nationally (57% in 2011).

For Level 2 qualifications at age 19, Lewisham has a variable trend in recent years, although

with an overall clearly increasing trend, and at 77% in 2011, 3% below national, 2% below

SN. Lewisham is not keeping pace with overall national increases with the resultant fall in

Lewisham’s national ranking into the lowest quartile of LAs. There has been much success

from 2009 to 2012 in raising attainment and closing the FSM gap for Lewisham pupils.

2011 Level 2 at age 19 for FSM pupils continues the strong increasing trend, remaining well

above national (Lewisham +4% to 74% in 2011, and 9% above national), although

remaining below SN (having reduced the gap with SN from 4% below in 2006 to 1% below

in 2011). Similar to Level 3 at age 19, non FSM pupils have an increasing trend, up by 3%

in 2011 to 84%, and remaining equal to national and just above SN. The aim is to continue

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the increasing trends for both FSM and non FSM pupils for level 2 attainment, and to further

reduce the gap (10% in 2011, and down from 14% in 2009, Lewisham has an increasing

trend of entry to Higher Education for those age 19 years and under. Lewisham has closed

the gap with London (from 5% below London in 2004 to less than 2% below London in 2008

for residents progressing to Higher Education

From the most recently published 2011 LA data for children in poverty, Lewisham has 32%

children living in poverty which has remained fairly static over recent years and always close

to one third of children. Lewisham is close to the SN average (33%), and well above the

national average of 21%. Levels of income deprivation, as measured by the Income

Deprivation Affecting Children Index (IDACI taken from the Index of Multiple Deprivation

2010), Lewisham has widespread income deprivation across most Wards, and with 21% of

output areas (smaller within ward areas) in the worst 10% nationally and over half of these

output areas (51%) in the worst 20% nationally. Overall levels of income deprivation

affecting children remain relatively unchanged, since 2007. Deprivation is occurring across

the borough, with all wards affected, and with Bellingham, Downham , Evelyn, and New

Cross Wards experiencing very high levels (over 70% of output areas in the worst 20%

nationally) of deprivation.

Child poverty is firmly entrenched throughout London. Lewisham has one of the highest

rates of child poverty nationally (equal 20th highest out of 354 LAs nationally) and in London

Lewisham is the 11th most deprived borough (out of the 32 boroughs in the capital). More

than a quarter of all Lewisham’s pupils are eligible for Free School Meals (FSM) with 26% of

mainstream school pupils with FSM (16.5% national), and 53% of Special school pupils with

FSM (35% national).

Most recent published data shows that Lewisham has 31% of 0 – 4 year olds in workless

households (claiming workless benefits). This is remaining consistently close to one third of

children of this age, Similarly to the IDACI data, the worklessness data shows that the

wards with the highest levels of children in workless households are: Bellingham (45%),

Evelyn (43%), Downham (39%), and also including Lewisham Central (38%), Grove Park

(36%), and Whitefoot (35%).

Having stable, suitable and good quality accommodation is fundamental to the positive

development and well-being of children and young people and is integral to many other

outcomes such as health, education as well as emotional and mental stability. Current

changes in housing benefit policy from central government is expected to have a negative

impact on many families in Lewisham, but we will continue to work with housing providers to

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mitigate the impact of these changes including the increasing the effects of poverty. In

2010/11, 1166 of young people aged 16 and 17 years were presented as homeless in

Lewisham, which is higher than the national average. The numbers of young people

presenting at the Council for advice and assistance on housing issues remains high, with 16

and 17 year olds comprising over 50% of all enquiries from single households.

At March 2011 93.1% of care leavers were in suitable accommodation. This is a slight

decrease from the March 2010 figure of 98.2%. Lewisham has consistently performed

better than statistical neighbours 89.3% and the national average of 90% and this remained

true for 2011 figures.

Identifying young people who may be at risk of homelessness and developing early

intervention strategies is essential in preventing homelessness. As can be seen from the

data above, prioritising early intervention work with young people under 16 years old is

critical in tackling youth homeless successfully. Early intervention is possible as many

young people are known by other agencies across the partnership services before their

housing situation becomes problematic and the Homelessness Service is approached.


our children and young people are able to achieve economic well-being:

• Reduce further the number of young people who are NEET 16-24

• Raise participation and achievement at age 19

• Secure a diverse 14-19 offer which meets the needs and aspirations of

learners

• Meet the housing needs of young people and their families

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Chapter 4 – Our Priorities This chapter of Plan sets out our priorities for the next three years, based on the analysis of need, in Chapter 3. Be Healthy BH1 - Reduce heath inequalities by:

• Improving the take up of immunisations

• Reducing the number of babies born with low birth weight

BH2 - Improve the health of looked after children BH3 - Further reduce teenage conceptions and the rate of sexually transmitted infections BH4 - Reduce childhood obesity BH5 – Reduce substance misuse, including alcohol and tobacco BH6 - Promote mental and emotional well-being

Stay Safe SS1 - Reduce child abuse and neglect SS2 - Reduce harm to children and young people caught up in domestic violence SS3 - Provide secure and consistent support for LAC, particularly placement stability SS4 - Support families at risk of being in crisis SS5 - Ensure that children and young people feel safe Enjoy and Achieve EA1 - Raise achievement at all key stages EA2 - Close the achievement gaps between underachieving groups and their peers

EA3 - Improve secondary school attendance EA4 - Meet the needs of children with complex needs and disabilities EA5 - Ensure there are sufficient school places for every Lewisham child EA6 – Ensure children and young people access culture, sport, leisure and play activities Make a positive contribution MPC1 - Strengthen further youth participation and involvement MPC2 - Reduce anti-social behaviour and youth crime and support young people who are the victims of crime MPC3 - Provide integrated youth support for all young people to ensure they are able to make informed choices about their lives.

Achieve Economic Well-being EWB1 - Reduce further the number of young people who are NEET 16-24 EWB2 - Raise participation and achievement at age 19 EWB3 - Secure a diverse 14-19 offer which meets the needs and aspirations of learners EWB4 - Meet the housing needs of young people and their families For each of the above priorities, the following pages sets out our actions and anticipated outcomes for our children and young people as well outlining how we know we’ve been successful.

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Priority: BH1 Reduce health inequalities - Improving the take up of immunisations - Reducing the number of babies born with low birth weight

Why we need to focus on this outcome:

Immunisations: Uptake of immunisations in Lewisham has been much lower than that required to provide ‘herd immunity’ for some time. Uptake of vaccines has been below target, and as a result, significant numbers of children in Lewisham are not protected against potentially serious infections. Due to the low uptake of MMR vaccine, there was an outbreak of measles in Lewisham in 2008 with a total of 275 confirmed or suspected cases. Implementation of the Lewisham Immunisation Action Plan has achieved much in terms of improving uptake of immunisation. Since 2008, we have improved at a rate higher than London as a whole, and Lewisham has seen a broadly sustained upwards trend in the proportion of children immunised at all ages over the past four years. However, in absolute terms, Lewisham still falls short of all immunisation targets set by NHS London and there is still much to do in increasing uptake of MMR, the pre-school booster and HPV in particular. Low birth-weight: Low birth weight is a risk factor for infant mortality and babies born with a low birth weight are more likely to suffer from a variety of health and developmental problems. Lewisham has, in the past, had a higher than average rate of low birth weight, and we must continue to work with expectant mothers and families on lifestyle behaviours, and across the partnership to ensure that socio-demographic factors are mitigated. Early access to antenatal care, identification and effective management of pregnancies at risk, particularly in relation to smoking and nutrition of mothers, remain the mainstays.

The actions we will be taking What’s going to be different/What will be the

impact for children young people and their families

How will we know we have been successful/What will be the evidence of this impact?:

Immunisations

Improved information systems– Maintenance of improvements made over the past four years and working towards a single information system.

• Lewisham children and young people at much reduced risk of specific infectious diseases.

• Lower risk of outbreaks of these diseases in Lewisham

• Staff can provide good quality, consistent and appropriate messages on immunisation.

• Parents are provided with improved information on immunisation.

• By 2015 achieve NHS London targets for immunisation of children under 5.

• Greater Numbers of GP practices achieving these targets. Target March 2013: 50%, March 2014:55%, March 2015: 60%

• By 2015 achieve NHS London targets for uptake of HPV vaccine.

• MMR1 immunisations 2nd birthday target: March

2013: 91%, March 2014: 92%, March 2015: 95%

Development of care pathways – the first of these, was launched in July of 2010 and has resulted in a marked improvement in recorded uptake. A pre-school booster pathway will come on line during 2012.

Action to improve recorded uptake of vaccines amongst children who are not registered with a GP.

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The actions we will be taking What’s going to be different/What will be the impact for children young people and their families


Engaging with primary schools and early years providers to implement standardised collection of information on the immunisation status of new entrants, exploring options for offering vaccinations to under-vaccinated children, and identify opportunities to promote immunisation (e.g. among childminders).

• Access to immunisation is easier for parents, children and young people.

• MMR2 immunisations by 5th birthday target: by 2015: 91%

• Diptheria, Tetanus, Polio, Pertussis and Hib Immunisations by 2nd birthday target: March 2013: 94%, March 2014: 95%, March 2015: 95%

• HPV Cervical Cancer Vaccine target March 2013: 88%, March 2014: 90%, March 2015: 91%

Continued work with schools to increase uptake of HPV vaccine.

Survey of parents to better understand barriers to immunisation and incorporation of actions to address these into the action plan.

Continued lead on development of immunisation training across London and participation in London-wide initiatives to increase the uptake of immunisation.

Low birth-weight

Continue to monitor access to maternity services to ensure all women are encouraged to attend maternity services as early in pregnancy as possible and before 10 weeks gestation.

• More women will access antenatal care even earlier in their pregnancy

• 93% of women will have continued to access maternity services by the 12th week of pregnancy by March 2013. 94% by March 2014 and 95% by March 2015.

• An increasing percentage of pregnant women will have accessed services before the end of the 10th week of pregnancy.

• By 2015, there will be a continually declining low birth-weight rate, and down to 7% for infants weighing les than 2500 grammes.

Continued use of new maternity notes to ensure collection of accurate data on those women who have additional social factors putting them at risk of a low birth-weight baby.

Use of new methods of paying for maternity care to implement effective use of care pathways to ensure women at risk are offered appropriate support.

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Review the Stop Smoking support and the current opt-out programme for pregnant women and their families to ensure it is as effective as it can be.

• Even fewer women will smoke during pregnancy thus helping their children to avoid the risks of infant mortality and those associated with low birth weight.

• More homes will be smoke-free so that more children are kept safe from exposure to secondhand smoke.

• Increased numbers of parents will stop smoking .

• Fewer children and young people will start smoking.

• Staff can provide good quality, consistent and appropriate messages on the impact of tobacco.

• Reduced levels of tobacco-related illness in children and young people.

• Rates of smoking at the time of delivery will decline to 5.2% by 2015.

The responsibility for monitoring progress on this priority rests with:

• Lewisham Immunisation Strategy Group

• Low-birth weight- the Healthy Child Programme Board

• Maternity Monitoring Group

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Priority: BH2 Improve the health of Looked After Children


Looked After Children (LAC) are 40% more likely to have a mental health issue, this rises to 70% for children in residential care. Looked After Children with some form of substance dependency are more likely to decline offers of intervention. Data analysis of a cohort of LAC in Lewisham has revealed that 71% of young people assessed as presenting with substance misuses were not engaging or accessing specialist treatment. At March 2012 , 80% of Looked After Children received health assessments but this is still lower than our benchmark performance of 88%. This improvement is gradual, and inconsistent. It remains a priority to ensure practices are embedded and our challenging targets to be in the best quartile nationally are reached.



Continue to provide a dedicated LAC nurse to assist social workers to support LAC with health issues.

Ensuring health, dental and immunisations are checked on a regular basis will help to identify any problems as early as possible and reduce later complications and suffering.

By March 2015, the percentage of : • LAC had an annual health assessment will be

94% • LAC had their teeth checked in last 12m will

be 94% • LAC had routine immunisations last 12m will

be 95% • LAC age 0 – 5 had Health Checks will be

90% • LAC who have had Initial Health

Assessments within 28 days, to reach at least 95%.

We have established a more efficient process for organising health assessments, with health partners gaining access to Social Care I.T. systems in 2012. - We will monitor and track the progress of this

new system to ensure it meets its objectives. - We will continue to monitor initial and review

assessments to ensure we are adhering to timescales.

- We will ensure outstanding assessments are followed up and actioned by the partnership.

Continue to provide services through the Looked After Young People ‘drop in’ clinic offering support on health issues i.e. immunisations.

Continue to offer a specialist mental health service, the Symbol Therapy Team, to LAC. This team offers

Providing services to LAC to address their emotional and behavioural health will help to

The Strength and Difficulties Questionnaire (SDQ) score for the emotional and behavioural health of

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therapy to young people but also supports carers and social workers with consultations and advice.

increase their feelings of well being and reduce behaviour patterns which could be destructive to themselves and others.

looked after children will further reduce to 13.3 by 2015 (down from 13.7 at 2011)

The dedicated Substance Misuse Worker located in the Leaving Care Team will continue to provide specialist services to LAC and Care Leavers.

Continue to identify early on LAC who require specialist services and ensure they access the right treatment.

• No. of LAC looked after 12 months had substance misuse problem during the year to reduce to 12 by 2015.

• Continue to reduce percentage of LAC looked after for 12 months who have had a substance misuse problem during the year to 3.3% by 2015.

• For LAC who had substance misuse problems, the % who received intervention (Tier 1 -2) to be 75% by 2015

• For LAC who received intervention (Tier 1-2), % who refused Tier 3 Assessment to be 45% in 2013, 40% in 2014, and 40% in 2015.


• Health of LAC Working Group

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Priority: BH3 Further reduce teenage conceptions and the rate of sexually transmitted infections


Teenage Pregnancy Targets for the reduction of teenage conceptions for 15-17 year olds in Lewisham remain extremely challenging, although steady progress has been made up to 2010 (latest available data). The annual rate of 48.6 teenage conceptions per 1,000 is 48.5, which remains in the worst quartile nationally, and the 7th worst in the capital. The Positive for Youth policy document published in December 2011 set out the Government’s strategy for young people nationwide, aiming to reduce teenage pregnancy and sexually transmitted infections (STIs), supporting young people to make informed decisions and improving outcomes for teenage parents. The new National Sexual Health Strategy is expected in 2012. Reducing the rate of Sexually Transmitted Diseases (STIs) Lewisham has high rates of sexually transmitted infections amongst young people. Left untreated STIs can cause long term problems including pelvic inflammatory disease, ectopic pregnancy, low birth weight, sterility and cancer.

• The rate of HIV infection in Lewisham is 7.5 per 1,000 population. This equates to approximately 1,360 individuals. This is the 8th highest prevalence in the UK. The average for London is 5.2 per 1,000. In Lewisham around 60% of HIV infection is acquired through sex between men and women.

• Around 10% of 15-24 year olds screened have chlamydia.

• Around 2% of 15-24 year olds screened have gonorrohea.

Lewisham has well developed sexual health services and currently achieves the second best Chlamydia screening in the country, however there continue to be high levels of sexual health need particularly amongst young people. Sexual health services are provided to young people in a range of settings including; the 4 sexual health clinics, GP practices, pharmacies, and STI screening is available online.

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The actions we will be taking

What’s going to be different/What will be the impact for children and young people and their families

How we will know we have been successful/What will be the evidence of this impact:

Provide access to support for all young parents through health, community, family and youth settings e.g. YSS, midwifery, Children’s Centres, Family Support and FNP.

• More young parents are provided with support to meet their needs around housing and benefits etc

• More young parents are in EET

• Subsequent pregnancies are reduced

• Professionals have a greater confidence in supporting young people engaging in risky sexual activity

• Professionals have a greater confidence in assisting with decision making around parenthood and supporting young parents

• Young people have an increased awareness of their health, rights and services available to support them

• Parents and carers will feel confident talking to their children about sex and relationships.

• Young people feel more involved in the decision-making process

• More young women are using contraception including LARC, accessing EHC and getting support following abortion

• More young people are registered on the condom scheme and an increased number of condoms are distributed

• More young people are accessing sexual health services

• More young people, community members and professionals are aware of services and issues

• Teenage conception rates are reduced

• STI rates including Chlamydia are reduced

Reduction in under 18 conception rate LPZ140 Under 18 Conceptions 15-17 (rates per 1,000) – March 2015 : 49 per 1000 37.1 LPZ141 Under 16 Conceptions 13-15 (rate per 1,000) – March 2015 7.0 LPI199 % of LAC girls who ceased to be looked after who are mothers (7.7% at March 2011) targets to be set against benchmarks if available. % 15-24 year olds screened for Chlamydia 50% (March 2015). LPZ538 Diagnosis rate per 100,000 in 15-24 year olds 4000 There will be an increase in the number of young men screened for Chlamydia and gonorrhoea. The number of Chlamydia & gonorrhoea screens undertaken in primary care will continue to rise from the 2010/11 baseline. SHEU survey will demonstrate improvement in knowledge in relation to STIs & HIV By 2015 achieve NHS London targets for uptake of HPV vaccine.

Provide Sex and Relationships Education (SRE) workforce development to professionals working with young people in Lewisham, with bespoke training for foster carers, including sexual bullying, teen relationship violence, STIs, contraception, pregnancy choices and cyber bullying.

Provide SRE support, information and guidance to young people through Youth Support Services.

Pilot Speakeasy SRE course in 2012/13 to provide parents with skills to support their children.

Support peer education programmes in FE Colleges.

Continue to support DoH ‘You’re Welcome’ programme by accrediting 3 services a year.

Increase uptake of long-acting reversible contraception (LARC) in sexual health clinics.

Increase number of pharmacies providing emergency hormonal contraception (EHC) and other oral contraceptive methods.

Promote condom use through pan-London distribution scheme in various youth, health and community settings.

Target young men for STI screening within risk groups e.g. YOS and LAC.

Include follow-up for abortion in under 19s and vulnerable women in abortion pathways delivered

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by commissioned services. • Young people will have a high level of awareness in relation to HIV Monitor high abortion rates for 18-19 year olds and

research possible interventions to be agreed by the Partnership Board.

Continued partnership work with schools to pilot a ‘clinic in a box’, improve HIV awareness and increase uptake of HPV vaccine.

Develop a communications plan, including online marketing, in partnership with young people to increase awareness and access to services and support.

Develop a young people’s health forum with 30 young people annually.


• Early Intervention Board

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Priority: BH4 Reduce childhood obesity


Lewisham has a high proportion of children identified as being at risk of obesity. Data collected over the past four years as part of the National Child Measurement Programme (NCMP), reveal that the prevalence of obesity in children in Reception and in Year 6 in Lewisham schools is significantly higher than the England average. 2010/11 school year (NCMP) data shows that 11.1% of Reception year children and 24.4% of Year 6 children are obese (compared to 11.1% and 21.9% of children in London as a whole). Lewisham has a variable trend, although with Reception slightly improving in the most recently published data. This remains a priority in order to reverse the increase in obesity and achieve a sustained downward trend by 2020.



Ensure children are as healthy as possible at birth by promoting awareness of the benefits of a healthy weight to women before, during and after pregnancy.

• Lewisham becomes part of the Baby Welcome scheme and Baby Café Local model

• More women feel confident about breastfeeding and have improved access to support.

• More families aware of the Healthy Start scheme and increased uptake of Healthy Start vitamins.

• Staff can provide good quality, consistent and appropriate messages on healthy eating.

• By 2015 achieve a sustained reduction of childhood obesity in Reception (down to 12.3%) and Year 6 (down to 22.5%) children.

• Exceed national target for participation in NCMP

• Further improve the already good levels of breastfeeding prevalence at 6-8 weeks up to 84% by 2015. Increase uptake of the healthy start scheme families to 85% of eligible families

• Increase uptake of the healthy start scheme families to 85% of eligible families

• Increase the percentage of pupils who take

Promote breastfeeding and improve breastfeeding support to women through implementation of the UNICEF Baby Friendly standards.

Continue building on local capabilities of our workforce by providing training on weaning, healthy eating and childhood weight management so that everyone is aware of their role in promoting healthy weight.

Increase uptake of the Healthy Start scheme for eligible families.

Promote healthy weight as part of the Healthy Child Programme

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Work with families in children’s centres and schools to promote healthy eating and physical activity.

• Professionals have a greater confidence in supporting and raising the issue of weight with pregnant women, children, young people and their families.

• Parents are provided with increased confidence and skills on sustainable healthy lifestyle changes.

• More children and young people are able to access weight management support.

• More children and young people are physically active and participate in sport.

• More children and young people eat a healthier diet.

• More young people, community members and professionals are informed about the issue and related services.

• Reduction in escalation of need.

school lunches to 65% by March 2015

• Increase the take up of free school meals to 90% by March 2015.

• Increase number of children and families accessing weight management

Support schools to continue healthy schools status to promote opportunities for healthy lifestyles for children and young people.

Increase uptake of school meals whilst delivering to the nationally set nutritional standards.

Increase uptake of free school meals

Work with Transport, school games organisers and other sport and physical activity providers to promote active travel and sport and physical activity to children, young people and their families building on the Olympic and Paralympic legacy .

Provide opportunities for families to improve cooking skills

Promote national campaigns such as Change4life in Lewisham.

Continue to achieve a high participation rate in the NCMP.

Provide parents with the results of their child’s measurements with proactive follow up of children identified as being at risk of obesity.

Provide a weight management care pathway for children and young people at highest risk.

Commission age specific specialist and targeted weight management programmes that support both children and their families to create sustainable lifestyle changes.

Develop a communications plan to engage young people using a range of approaches including social media to promote services and raise awareness of healthy eating.

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• Healthy Lives, Healthy Weight Group

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Priority: BH5 Reduce substance misuse including tobacco and alcohol


• Cannabis and Alcohol remain the drugs of ‘choice’ amongst young people in Lewisham,

• Young People in the Treatment System are 54% White British, 40% BME and 6% Other. The BME population is under-represented in the Treatment System.

• The target for young people in treatment (Tier 3) for 2010/11 was 250 with 261 entering treatment. The Partnership target is to achieve 250 young people in treatment in 2011/12 is on track to be met . At the end of quarter 3 2011/12 229 young people had accessed treatment.

• Greater numbers of young people smoke tobacco in deprived areas of the borough .

• Tobacco is the only legally available consumer product that kills people when it is used entirely as intended and the tobacco industry targets youth to find 500 new smokers every day in the UK to replace smokers who stop or die

• An estimated 710 young people in Lewisham started smoking in 2011 (more than twice the national rate)

• Nationally, 12% of 15 year olds smoke (equivalent to 338 in Lewisham)

• The younger people are when they start to smoke, the greater the damage to health in later life and risk of premature death

• Children and young people are much more likely to smoke if their parents, siblings and friends smoke

The actions will we be taking: What’s going to be different/What will be the impact for children and young people and their families


Treatment: We will continue to commission high quality drug and alcohol services that provide targeted support through a diverse range of interventions to meet the changing drug and alcohol related needs of young people in Lewisham

The number of young people accessing treatment services will increase and the those who complete treatment will be drug free. There will be a decrease of ALL Drug & Alcohol Use across the borough in young people

Commissioned Services will meet their targets and there will be an increase of Young People leaving Treatment Successfully, that will include:

− An increase in the number of young people exiting treatment in a planned way being maintained at 90% or better each year up to 2015.

− The number of young people in Tier 3 substance misuse treatment will increase to 450 for the year ending March 2015.

The delivery of treatment services will be based on the needs of Lewisham’s younger population and will be flexible to meet new challenges.

An abstinence or reduction in cannabis and alcohol use at planned exit for all YP

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Develop and improve the screening for Drug &

Alcohol use/misuse across Lewisham, ensuring that Lewisham’s workforce can easily refer vulnerable young people for treatment

Improve harm reduction arrangements by ensuring that young people have access to needle exchange programmes and prescribing services where necessary

Those young people successfully completing rehabilitation programmes will be offered ongoing support to prevent them from re-entering the system.

Aftercare provision will be improved to assist in the recovery process .

Target Groups: We will work with community and voluntary organisations and partners to target Young People from BME groups

Commissioned Services will engage with more young people from BME groups

By March 2015 % LAC and care leavers U21 receiving Tier 3 treatment 100% HH % of children from families engaged kept within the family (i.e. do not go into care) 90% HH % of parents completing Sub.M treatment in a planned way 90%

Young People presenting with complex needs who are using psychoactive substances will be offered a Mental Health assessment and specialist interventions

Escalation of mental health needs will reduce. Young People will receive interventions in a holistic way

We will ensure provision of a Hidden Harm (HH) (advice, signposting and referral) service for children and young people of substance misusing parents or carers

It is anticipated that dual diagnosis and early intervention will prevent escalation of need.

We will provide a social marketing campaign with the aim of preventing the uptake of alcohol use for young people and to promote safer drinking practices with a focus on young women

Reduce the health impact of alcohol amongst young people and see a reduction in hospital related alcohol admissions for young women

We will develop, deliver and facilitate peer education programmes in deprived areas of Lewisham, aimed at young people that are not in education, employment or training to support the

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prevention and recovery agenda

Working with Partners & Commissioned Services:

We will continue to deliver universal, targeted and specialist drug & alcohol awareness programmes to pupils, teachers and support/auxiliary staff.

Within this piece of work, we aim to increase the knowledge, skills and attitudes of staff within schools & colleges to support pupils with drug & alcohol issues

No of young people in Tier 3 treatment. To achieve 355 by 2013. 400 by 2014 and 450 by 2015.

Continue to work with young people to minimise dangerous/’ harmful behaviour resulting from drug/ alcohol intoxication:

• By working closely with Lewisham’s Youth Offending Service and other criminal justice partners, we will offer those young people with drug and alcohol issues the opportunity to receive treatment in a bid to reduce associated crime

• Referral pathways between drug & alcohol services and sexually health services will be strengthened to bridge the gap between drug & alcohol use and the transmission of sexually transmitted infections

Minimise danger and associated risky behaviours from alcohol/ drug intoxication.

No of young people in Tier 3 treatment. To achieve 355 by 2013. 400 by 2014 and 450 by 2015

Reducing the Impact of Smoking and Tobacco on Children’s Lives:

Provide training on smoke-free homes and cars to staff working with children and families,

• Recorded smoking prevalence at the age of 15 will reduce by 1% by 2015.

• Recorded smoking prevalence at delivery to reduce to 5.2% by 2015.

Children’s services will promote the Stop Smoking Service to parents.

• More homes will be smoke-free so that more children are kept safe from exposure to secondhand smoke

• Increased numbers of parents will stop smoking .

• Fewer children and young people will start smoking.

We will continue to proactively offer support to pregnant women and their partners to help them stop smoking and to ensure that their children live in smoke-free homes.

Staff working with children and young people will have training on preventing uptake of smoking.

Secondary Schools will be provided with support to

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undertake any of a whole range of actions to help reduce the prevalence of smoking.

• Staff can provide good quality, consistent and appropriate messages on the impact of tobacco.

• Reduced levels of tobacco-related illness in children and young people.

• Even greater participation of children’s centres and schools in tackling this issue.

Schools will be offered a tobacco peer education programme for young people to influence their peers not to start smoking.

Primary schools will send information on Lewisham Stop Smoking Services to parents/ carers and will invite the service into schools.

Trading Standards will commission intelligence work to reduce access to cheap illegal tobacco by young people

Provide training on smoke-free homes and cars to staff working with children and families,


• Safer Lewisham Partnership – Performance and Delivery Board

• Tobacco Control Group

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Priority: BH6 Promote mental and emotional wellbeing


With good mental health, children and young people do better in every way. They are happier in their families, are able to learn better, do better at school, and enjoy friendships and new experiences. It is during childhood and teenage years that mental health is developed and patterns are set for the future. So a child with good mental and emotional health is much more likely to have good mental health as an adult, are better able to take on adult responsibilities and fulfill their potential. Some disorders will begin in Childhood and are likely to affect people for their whole life but early intervention can enable them to manage their condition better and ensure they have better long term outcomes In the UK, 1 in 10 children is diagnosed with a mental health disorder (1999 ONS survey), three children in every classroom have a diagnosable mental health disorder, one in 12 deliberately harming themselves and nearly 80,000 children nationally suffer from severe depression. Lewisham has a significant range of risk factors that have a link with poor mental health such as low income, or lone parent families. These risk factors are concentrated in the most deprived areas, further highlighting the need to mitigate the impact of child poverty. Within Lewisham, approximately 1500 children and young people will be referred to Tier 3 CAMHS in any one year. To reduce escalation of poor mental health, the need for early identification of risk factors is paramount. As a response to this, a range of processes have been developed to ensure that services intervene at the earliest point.

The actions we will be taking What’s going to be different/What will be the impact for children and young people and their families


The local authority will work with providers of Targeted Early Years, Targeted Family Support Services and other professionals to develop a set of outcome measures to support the Payment by Results (PbR) programme from April 2013.

Providers commissioned through the PbR programme will be encouraged to be more outcome focused and should be able to demonstrate their impact on improving the lives of families more effectively.

Quarterly performance data will provide evidence of impact against the outcome measures set.

Delivery of targeted whole family interventions will impact on the improvement of parental attachment, school readiness and prevention of escalation to c.5,000 families a year through the 19 designated Children’s Centres

By focusing service provision on families in need, parents and children will benefit from a range of support to help them achieve the outcomes they deserve.

Quarterly performance data will provide evidence of impact against the outcome measures set.

The newly commissioned Targeted Family Support Service to work with a minimum of 400 families a year, providing 75% direct contact time, with the

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expectation to secure improvements against the following 3 outcomes: improved child & family resilience; improved school participation & engagement; and prevention of escalation.

Development of tier 2 service provision, targeting children and young people with lower level emotional well-being and mental health issues through schools and other community settings by the Spring 2013.

Families currently unable to access CaMHS services, will receive alternative support to prevent the escalation of mental health issues.

Performance indicators such as: improved school attendance; a reduction in school exclusions; and a reduction in first time entrants in the CJS will be used as measures to demonstrate impact.

Ensure that all looked after children referred to CaMHS, are assessed and start treatment within 12 weeks.

Children looked after are seen as a priority to prevent escalation of need. Children referred to CaMHS on urgent grounds are seen as a priority to prevent escalation of need.

% Child need risk screens completed [CAMHS] is maintained at at least 90% by March 2015 % Vacancy rate [CAMHS] is no greater than 8% by 2015 LAC receiving CaMHS support will be tracked and monitored to ensure they are seen within 12 weeks. Strength and Difficulties Questionnaire (SDQ): reduce the average score for LAC SDQ to 13.3, indicating a reduction in Behavioural and emotional difficulties Urgent referrals will be tracked and monitored to ensure they are seen by a CaMHS worker within 7 days.

Ensure that all children and young people with urgent mental health needs, such as placement breakdown or where there is a risk of self harm, are seen by a CaMHS worker within 7 days.

Improvement of service efficiency by taking measures to reduce do not attend (DNAs) rates across CaMHS from 17% at present to 14% by 2015.

Lewisham families are encouraged to attend appointments, to ensure quicker access to treatment and better efficiency for the service as a whole.

Quarterly performance data will show an improvement in DNAs – down to 14% to 2015.

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Reduction in spend against CaMHS Tier 4 inpatient budgets by 10% by 2015.

Children and young people with identified mental health needs will be better supported in the community.

Reduced spend against CaMHS Tier 4 inpatient budgets – down by 10% by 2015.



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Priority: SS1 Reduce child abuse and neglect


Lewisham has a high rate of intra familial child abuse offences per 1000 of the under 18 population when compared with statistical neighbours. Similar to other local authorities, the biggest factor in children being subject to a child protection in Lewisham is neglect. Early intervention is the key to ensuring that children’s needs are met at an earlier stage and can contribute to reduce the number of reported abuse and neglect cases. Multi-agency working through the Team Around the Child Process and use of the CAF to complete early assessment of need will serve to reduce the level of abuse and neglect. For further information on this please see priority SS4 ‘Support families at risk of crisis’. Identification and appropriate escalation of concerns of children’s needs in a timely way leads to early provision of help. It is crucial we continue to take this approach to ensure our children and young people are safeguarded and that harm is minimised. We are working closely with our partners to create clear plans and improve the quality of practice and decision making with such families to ensure good outcomes for the children. We will set up a Childrens Reference Group of children subject to the child protection process and ask them for feed back on their experiences and learn from them in order to improve child centred practice and promote better outcomes for children. We will continue to analyse feed back from Viewpoint which is an interactive web consultative programme where looked after children can share their views about feeling safe. In instances where children answer negatively, the issues are addressed by the social worker immediately.



Set up a Children’s Reference Group in Childrens Social Care of children who have been through the child protection process to obtain feed back on their experience of our intervention. These views will be collated in a report which will then be used for practice improvement.

We will be able to provide a more sensitive and child centred service to children.

Reference group (including consultation) to be established by 2013. Baseline to be established in 2014 Review and evaluation to take place in 2015.

Oversee partnership working to increase identification and intervention in cases of young people who are being sexually exploited and develop

Raise awareness of indicators of sexual exploitation to promote early recognition of sexual

Effective multi-agency systems are in place to • New targets/ inter-agency strategy to be developed by the end 2013.

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a coherent strategy. - Establish a task group on Sexual Exploitation to carry out a mapping exercise across the partnership to identify the sources of referrals, profile of children, multiagency response and outcomes for children known to be at risk of sexual exploitation.,

- Develop a multi-agency process to identify and protect CYP at risk.

- Update LSCB sexual exploitation training. - Establish a baseline of numbers of children referred to Children’s Social Care for sexual exploitation and set a target for a higher number of referrals.

exploitation. Prevent sexual exploitation. Minimise harm to children and young people who are suspected of suffering harm through sexual exploitation.

• % of s47 medicals offered within 48 hrs (Lewisham NHS Healthcare Trust) – continue to maintain the highest levels and at 100% at March 2015

• % Health attendance at Review Case Conferences [Lewisham NHS TRUST]: maintain the highest levels and not less than 100% at March 2015

Reduce the number of children suffering abuse and neglect through the provision of improved early intervention and preventative services including short break services for disabled children.

Early Intervention services will be enhanced and provide parenting assessment and diversion from care services to improve parenting skills and reduce the number of children coming into care. The Short Break Service will mean that more disabled children will be able to be cared for in their families where they have significant attachments and relationships

• Increase the number of CAFs to 300 per month by March 2015.

• Reduce the number of children who are referred to Children’s Social Care to 400 per 10,000 population by March 2015.

• Continue the reducing trend of the number of children with a child protection plan (per 10,000 population) to 38 by March 2015.

• % Children becoming the subject of a Child Protection Plan for a second or subsequent time remains low : no greater than 9.9% at March 2015

• Referral rate for abuse and neglect. By March 2013 39%, by March 2014 38%, by March 2015 38%.

• % Referrals that were repeat referrals reduced to 14% by March 2015

• Reduction in S47 investigations: reduce from the high rate of 144.5 per 10,000 U18s to

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123.8 per 10,000 by March 2015.

Set a benchmark for agencies so that fewer children in receipt of Early Intervention Services go on to become subject to a CP plan under the category neglect.

To ensure that agencies are intervening early, to promote better outcomes for children and children are placed in care as a last resort

10% reduction of children who have been in receipt of Early Intervention Services who go on to become subject to a CP plan under the category of neglect by March 2013.

Continue to provide timely assessment of children in need of services and those services being provided.

To ensure that children are assessed within 10 working days for Initial Assessments and 35 working days for Core Assessments, and that assessments are of a high quality. To be reviewed once the ‘Working together’ requirements are published.

We will know that children are being assessed in a timely way if we meet our targets for completion of initial and core assessments. (Measures and targets will change when Munro Information Framework becomes operational, and in line with the ‘Working Together’ requirements are published). Child Protection Conferences: % attended by parents – continue to improve and not less than 80% by March 2015 % children with a CPP are allocated a Social Worker: maintain the highest levels and at 100% at March 2015 % children with a CPP received a statutory visit within 6 weeks – continue to maintain the highest levels and at 100% at March 2015 By March 2015: No.Initial Assessments per 10,000 LBL - 470 No.Core Assessments per 10,000 LBL - 290 Percentage of Initial Assessments for CSC carried out within 10 working days 92%

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Percentage core assessments for children's social care carried out within 35 working days 92% Percentage of referrals to children's social care going on to initial assessment 94% We will audit a sample of cases where children are subject to Child in Need Plans and Child Protection Plans to see if these plans have translated into actual services being provided and if the service input is improving the five outcomes in Every Child Matters.

We will make sure that investigations of allegations made against people who work with children comply with Working Together 2010 or any subsequent guidance . We will audit all cases where allegations have been investigated to check that investigations were thorough and timely and children were safeguarded. A report of the audit will be submitted to the Lewisham Safeguarding Children Board for information and any follow up action on concerns about interagency collaboration.

We will continue to minimise harm to children and young people, including from adults who work within our services.

The audit will show that the investigations were thorough and timely and children were properly safeguarded. Audit to be completed by the end of 2012. Year on year annual report will review process and embed monitoring.

Develop the multi agency hub model of information sharing and co-location with all partners.

The co location of partner agencies working with vulnerable and potentially vulnerable children will ensure that intervention is timely, proportionate and necessary. Bringing agencies together at an earlier point will encourage more effective joint working, truly holistic assessments and targeted plans. This will ensure that children and their families do not have to work with an array of uncoordinated professionals and prevent duplication if tasks.

There should be a reduction in the number of duplicate and unnecessary referrals and the children at highest risk will continue to receive targeted interventions. There will be a decrease of 10% in the numbers of re- referrals due to earliest sharing of information. By March 2015 - LPI139 CH142 % Referrals that were repeat referrals down to 14.0%

Using the ADAM project to identify children who Greater use of the ADAM tools will help with the Evaluation of approach to be evaluated by Dr

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have attachment difficulties and to establish their experience of living with their primary carers.

earlier identification of children who are likely to be suffering significant harm and will lead to better assessments and more effective intervention in these cases so that children will be better safeguarded.

Shemmings Team at the University of Kent Learning from evaluation will identify further developments.


• Lewisham Safeguarding Children Board

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Priority: SS2 Reduce harm to children and young people caught up in domestic violence


According to the Department of Health, at least 750,000 children a year witness domestic violence. In some cases, the children themselves will suffer physical or sexual abuse from the same perpetrator. Through violence in the home, children may suffer emotional and psychological damage. The very young may show physical signs of distress such as bedwetting, stomach-aches and disturbed sleep. Older children can become withdrawn or exhibit extreme behaviour, such as misusing alcohol or drugs. In Lewisham, there was an overall of 1704 (16.3% reduction on the previous year) domestic violence incidents recorded in 2011/12. 327 children discussed at the MARAC during the period covering April 2009 to March 2010 – as well as 319 children discussed during the 2010/11 period. Across the partnership we are continually raising awareness on domestic violence, its affects and how to access support. The actions below are for those cases which are known to us, enabling us to intervene and minimise harm.



Continue to hold 4-weekly DV MARAC meetings. Continue to maintain 100% attendance at MARAC meetings by key agencies, in accordance with CAADA guidelines.

� Ensure that children and families receive the right intervention from the right agencies, through the correct coordination identified from MARAC meetings and Multi Agency Safeguarding Hubs.

• Continue to support children and young people accessing therapeutic support following exposure to domestic violence

• Support offered to mothers to help their children recover from experiencing domestic violence and understanding it is not their fault.

• Reported domestic violence rates in Lewisham - 1704 offences in 11/12. (Population 266,500 producing a rate of 6.39 per 1000)

• Number of referrals to MARAC

• Total number of referrals to commissioned DV services

Embed our multiagency approach to support school aged young people who experience domestic violence from intimate partners.

Maintain and evaluate the delivery of the Community Groups Programme – a therapeutic recovery programme for children and their mothers who have experienced domestic violence to establish if this reduces repeated exposure of the child to domestic violence.

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Maintain specialist domestic violence support provided to women and children through referrals to domestic violence intervention projects such as the Community Groups Programme, Lewisham Victim Support, Refuge Floating Support, Advocacy and Accommodation based services and Women Against Domestic Violence (WADV)

• Enable the non abusing parent to make decisions that minimise the possibilities of exposure to repeated incidences of domestic violence.

• Young People who experience domestic violence from intimate partners will be supported to take protective action and form healthy relationships.

• Access to seamless services to support victims of domestic violence in particular recovery provision such as group counselling.

• Continue to work across the partnership to minimise harm to children and young people.

Maintain Art therapy provided to children who have experienced domestic violence through referrals to WADV

In cases where there is persistent domestic violence and the non abusing parent fails to engage with services and take protective action, Childrens Social Care will continue to take protective measures in relation to the child.

Ensure that appropriate intervention is made by the relevant agency dependent on the level of risk, facilitated by Multi Agency Safeguarding Hub (MASH).

All partner agencies will continue to raise domestic violence awareness across the borough and work with families to encourage reporting and appropriate intervention.


• Lewisham Safeguarding Children Board • Safer Lewisham Partnership – Performance and Delivery Board

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Priority: SS3 Provide secure and consistent support for LAC, particularly placement stability


From a low base the partnership has had some success in improving the short term placement stability for Looked after Children, but overall trends are variable. o 10% (March 2012) had 3 or more placements within the last 12 months, better than our target of 11% and just below our statistical neighbour performance

of 9.3%. . o 67.5% (March 2012) of children who have been looked after for more than two and a half years and have been in their placement for more than 2 years,

below our target of 77% , and below Statistical Neighbour performance at 72.2%. The partnership needs to ensure that the above performance is improved and maintained. Long term placement stability is better but also needs continued improvement. o 66% (March 2012) of children who have been looked after for more than 4 years have been in the same foster placement for more than 2 years. This

improving performance is better than the target of 60%.




Identify ‘fragile placements’ and engage multi-agency support to prevent breakdown, including holding Placement Support Meetings

Increased stability in placements should contribute to children’s sense of security and well being. It helps maintain continuity in providing services, school achievement, maintaining friendships, and building community links.

By March 2015: Stability of placements of looked after children: number of moves 8.7% Stability of placements of looked after children: length of placement 77.0% Participation of LAC in reviews - maintain high performance at least 99% % of children looked after for 30 days, age 5-16, who have a completed PEP – maintain at 100% for all years.

Implement a Multi Treatment Foster Care programme to work with children who have high levels of need and may lead to placement breakdown.

This will enable Looked After Children to be placed with Lewisham foster carers thereby maintaining family and local networks. Without this programme these children would be unable to sustain living within a family. Children’s placements with carers come under pressure when children are excluded from school due to difficult behaviour. Being appropriately occupied at school helps the child’s education and

Continue to ensure that schools operate a no exclusion policy for Looked After Children and work with other Local Authorities to ensure similar treatment for Out of Borough Looked After

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Children. self esteem and supports the placement.

% LAC/ former LAC with an up-to-date and authorised pathway plan: maintain at the highest levels and not less than 100% at March 2015 for 16 – 17 year olds, and 89% for former LAC ages 18 - 21 Distance new LAC are placed from home – maintain good performance with LAC placed close to home whenever this meets the needs of the child – no more than 10.4% placed more than 20 miles from home % LAC allocated a social worker – maintain at 100% % Looked after children cases which were reviewed within required timescales – maintain very high levels and no less than 99% at March 2015. 100% completion of placement support meetings. Zero exclusions for LAC in Lewisham schools.

Commence a publicity campaign for complaints for children and young people looked after.

Ensure that LAC children have the information they need to be able to access the complaints process if they need to express concerns about their safety and welfare.

We will know we are doing well if the collated results of Viewpoint show that 95% of LAC say they know how to complain or share their worries. We will also know if children know how to complain through collated feedback from IROs who ask children to explain to them what they would do if they wanted to make a complaint. If a child says that they do not know, the answer will be logged and corrective action will be taken.

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Provide training (‘Train the Trainer’) and implement the Secure Base Model of intervention for social workers to support carers in being more therapeutic in their approach.

More secure attachments for Looked After Children with their carers and significant others. Carers approach will become more therapeutic. Children’s self-esteem, emotional wellbeing and sense of family membership will increase.

By March 2015: Stability of placements of looked after children: number of moves 8.7% Stability of placements of looked after children: length of placement 77.0% Strength and Difficulties Questionnaire (SDQ): reduce the average score for LAC SDQ to 13.3, indicating a reduction in Behavioural and emotional difficulties Increase the number of social workers who are trained to effectively implement the Secure Base Model. Within 12 months a baseline to be established to measure how often the approach is being used.

Embed strategies to sustain rehabilitation of Looked After Children with their families. Engage CSV (Community Service Volunteers) to assist families where Looked After Children are returning home.

Families who have not been looking after the child(ren) for some time will be supported and empowered to sustain family life and will be enabled to meet their physical and emotional needs.

By March 2015: Number LAC per 10,000 under 18 LBL 80 Distance newly LAC placed from home – 10.4% No. of children rehabilitated – Targets TBD

Implementing the Preferred Provider Framework rationalisation, incorporating ‘Payments By Results’

Preferred providers will provide consistent and effective support to carers so that increased numbers of Looked After Children remain with their carers.

% in foster care – 80% by March 2015. LAC U10 in foster placements – March2015 82% LAC U10 in foster placements in LBL – March 2015 40%.

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% LAC in residential accommodation – reducing to 14% by March 2015. By March 2015: Stability of placements of looked after children: number of moves 8.7% Stability of placements of looked after children: length of placement 77.0%

Increase the number of Looked After Children who are eligible and become adopted.

Provide LAC with a loving, secure family environment.

LAC Adoptions within timescale 88% (March 2015) % Adoption and LAC 12% (March 2015) % LAC under 10 placed for adoption 95% (March 2015).

All LAC will be presented to the Permanency Planning Panel before their second LAC Review to enable confirmation and timeliness in planning for adoption or other suitable placement.

This will ensure that all children have permanency plans and have the best possible chance of a settled and happy life.

Timeliness & stability of adoption of LAC – March 2015 87% adopted within timescales % Adoptions of LAC – March 2015 12% % of LAC aged 10-16, in foster placement or p/f adoption – 85.4% March 2015

Responsibility for monitoring progress in this priority lies with:

• Lewisham Safeguarding Children Board • Multi-Agency Placement Stability Working Group

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Priority SS4 Support families at risk of being in crisis (Intervene early to provide support to targeted families, stopping an escalation of need)


All families have access to universal services, such as education, health care, parent/carer and toddler groups and leisure facilities. Some families who experience personal or social problems such as relationship breakdown, unemployment, ill heath or homelessness, may need access to other services and additional support to help them through a difficult time. Providing such assistance at an early stage can help avoid situations deteriorating and becoming major problems which are more difficult to deal with and can take longer to recover from. It is well recognised that there must be a move towards preventative and early intervention services sooner rather than later. Therefore, the priorities within this CYPP are all underpinned with the aim of prevention and early intervention in supporting families to parent confidently and responsibly, especially when they are facing difficulties. Our aim is to ensure that all parents can

access information and services in their local areas at the time they need to, to support them in carrying out their parental responsibilities. SS4 JOHN RUSSELL


How we will know we have been successful/What will be the evidence of this impact

Identify families who need additional support as early as possible, by further embedding the Common Assessment Framework (CAF), Lead Professional, Team Around the Child and Team Around the Family approaches across all agencies.

Our aims are to: • Improve parental attachment and

engagement • Improve school readiness • Reduce escalation to targeted services.

This will lead to:

• Increased positive parenting • Enhanced ability to set boundaries • Increased bonding and strengthened parent-

child attachment • Improved communication, language and

literacy skills • Improved social and emotional development,

particularly for 0-3 year olds

• Increase the number of CAFs to 300 per month by March 2015.

• Reduce the number of children who are referred

to Children’s Social Care to 400 per 10,000 population by March 2015.

• Continue the reducing trend of the number of

children with a child protection plan (per 10,000 population) to 33 by March 2015.

• When evaluations of family support services and

consultation with families that have used them indicate good outcomes.

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Improving systems for logging and tracking the progression of CAFs.

• Improved outcomes against family-specific objectives

• Improved self-esteem and resilience • Improved outcomes are also expected

among the target group in terms of: o Early Years Foundation Stage Profile with gap narrowing o Take up of the two-year-old entitlement o Take up of early education for disadvantaged three-year-olds o Prevalence of breast feeding at six to eight weeks o Percentage of families in greatest need completing evidence based parenting programmes o Percentage of families with children under five years who are identified as being “in greatest need” and have “sustained contact” with children’s centres in the local authority area.

• Increased take up of universal/community provision (including by disabled children and their families) .

• Number LAC per 10,000 under 18 LBL –

continue relatively low numbers and no more than 80 per 10,000 at March 2015

• Continue the reducing trend of the number of

children with a child protection plan (per 10,000 population) to 38 by March 2015.

• Percentage of child protection cases which were

reviewed within required timescales – maintain at 100% for all years

• Refer to Early Years Foundation Stage targets

at EAL Priority.

Continue to ensure joint working across the Partnership, breaking down organisational barriers to embed the ‘no wrong door’ and ‘don’t refer on’ culture.

Commission Children’s Centre services out to a range of school and area providers, which will begin delivery in July 2012. Providers will each work with targeted families, while still offering universal services where appropriate. Examples of targeted children or families include those with poor attachment, experiencing worklessness, with poor linguistic development, substance misuse issues, challenging behaviour or a history of offending.

Trial a Payment by Results scheme to measure the success of interventions with families and establish a blueprint for use in other services.

Embed Early Intervention Locality Panels, as a means of problem-solving for families where further interventions and resources are needed.

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Embed our Family Support programme to ensure co-ordinated, multi-agency, whole family needs-led support is in place at an early stage including: - Commissioning a range of family support and

parenting services to work at different levels of need and in different settings.

- Consistently taking a family approach, co-ordinating support across different ages within a family and providing additional support for the family and younger siblings to stop trends of poor outcomes within families.

- Providing additional support to lone parents who need it.

- Ensure that high quality CAFs lead to appropriate services for vulnerable children.


• Lewisham Safeguarding Children Board. • Early Intervention Board. • Payment by Results Board

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Priority: SS5 Ensure that children and young people feel safe


Staying safe impacts on good health, making a positive contribution, being able to achieve and enjoy life, and being economically active. It should therefore, be a major part of a coordinated approach to supporting young people in their personal and social development. This priority focuses on ensuring children feel safe in their local communities and in Lewisham.

The actions we will be taking:

What’s going to be different/What will be the impact for children and young people and their families:


Develop the work to support young people who are involved in group offending through a preventative, targeted and enforcement approach.

Reduction in serious youth violence By sharing information through the MASH we can ensure that the children who are most in need are identified promptly and the appropriate recourse is identified to assess and support.

Decrease in the number of Merlin reports to CSC by 10% by 2015. To review the number of Racist Incidents in Primary and Secondary schools, together with pupil data from SHEU survey, and ensure that bullying and racist incidents are further reduced. The numbers of Lewisham residents who are First Time Entrants to the Youth Justice System will reduce by 10% by 2015. Reduce the number of Young People within the YJS receiving a conviction in court and sentenced to custody down to 5 by 2014.

Implement the Multi Agency Safeguarding Hub (MASH) to further improve data and information sharing between all agencies.

Ensure that all schools and colleges have links to Safer Schools Officer and/or their Safer Neighbourhood Team.

Provide workforce development training to professionals from housing, youth, education, health, social care and voluntary sector agencies to highlight the issue of inappropriate sexualised behaviour and build self-esteem.

Continue to work with those young people in the youth justice system, providing sound interventions to meet their needs.

Continue partnership work to tackle anti-social behaviour.

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What’s going to be different/What will be the impact for children and young people and their families:


The Youth Support Service Key work team also provide 1:1 support to young people with additional needs, which includes advice and guidance, as well as signposting, on personal safety as necessary.

To support all missing children on their return to help increase their feelings of security and prevent repeated episodes.

Children are stable and secure at home/in placement and understand the risks to their welfare when missing.

A decrease in the number of repeat missing children per year. Target: 2011/12: 130 , target: 2012/13: 125 100% of children are offered a return home interview 100% of children missing from care have their missing from care review within 5 working days

Views of children and young people will be included in all assessments, conferences and reviews when they are of an appropriate age within CSC. This will be measured through Quality Audits of all CSC teams and through CPC and IRO monitoring reports of case conferences and looked after children reviews.

Planning for families will take into account the views of children and young people.

PI 63 currently 93% - to achieve 98% for years 2012/13, 2013/14 and 2014/15 Monthly report and action taken will be produced by the Service Manager for LAC service and reviewed by Service Manager Audit Meeting in CSC.

We will work with partners to ensure that accident hot spots are identified and measures are taken by continuing to assess and provide road safety engineering measures in response to identified need and by continuing to provide School Crossing Patrols where there is an identified need.

There will be a reduction in the number of children injured and killed in road accidents.

Reduce the number of children killed or seriously injured in road traffic accidents: down to 8 by 2013, 7 by 2014 and 6 by 2015.


• Lewisham Safeguarding Children Board • Safer Lewisham Partnership - Performance and Delivery Board

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Priority: EA1 Raise achievement at all key stages


Educational standards have been improving over the past 3 years. However, we need to increase the pace of improvement to improve the life chances of all our children and young people. Our aim is to work together with all settings, schools and institutions to ensure the best possible outcome for all our children and young people. We expect that all outcomes will compare favourably against local and national benchmarks. Standards – Pupil Areas We know that we need to have a real focus to increase the percentage of children and young people reaching Level 3 in KS1, Level 5 in KS2 and A*/A/B at GCSE because this supports effective transition from one key stage to another significantly improves their life chances. EYFSP – accelerated upward tend in recent years, and better above national for last 2 years.

2008 2009 2010 2011

Lewisham National Lewisham National Lewisham National Lewisham National

Pupils achieving 78+ points with 6+ in PSED and

CLL 40% 49% 49% 52% 56.10% 56.00% 60.60% 59%

Key Stage 1 – overall trends are variable, but with some good progress for L3+ for Writing and Maths in 2011, and with targeted interventions in schools to embed improvement for all pupils, and to ensure that Reading, Writing and Maths at level 2+ are all much closer to the national and Statistical Neighbour averages in 2012, and in 2015 to continue improvement into the best quartiles nationally.

2008 2009 2010 2011


Reading Level 2 or more 79% 84% 81% 84% 80% 85% 84% 85%

Level 3 22% 25% 23% 26% 22% 26% 24% 26%

Writing Level 2 or more 74% 80% 76% 81% 75% 81% 78% 81%

Level 3 11% 12% 12% 12% 11% 12% 13% 13%

Maths Level 2 or more 87% 90% 88% 89% 87% 89% 88% 90%

Level 3 18% 21% 19% 21% 18% 20% 21% 20%

Key Stage 2 – Steady upward trend in recent years, and better than national for L4+ for two successive years, and in the best quartile nationally for L5+ for combined Reading, Writing and Maths. Maths L5+ to remain a key focus, so that high achievement is sustained and rises to the best quartile nationally by 2015.

2008 2009 2010 2011

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English & Maths L4+ 71% 73% 69% 72% 75% 73% 75% 74%

English & Maths L5+ 17% 23% 22% 21%

GCSE – Lewisham has overall increasing GCSE trends, but has not kept pace with other London Boroughs and nationally. From 2012 – 2015 the focus is on the core subjects of the English Baccalaureate, and A* / A / B grades to ensure that there is accelerated and sustained improvement, and aiming for the best quartile nationally by 2015 (best quartile nationally in 2011 is 60% % A* - C inc. English and Maths).

2008 2009 2010 2011


5+ A*-C 59.8% 65.3% 62.0% 70.0% 64.0% 75.4% 68.8% 79.5%

5+ A*-C, including English & Maths 45.9% 47.6% 47.0% 49.8% 48.0% 53.4% 55.9% 58.9%

A levels – pass rates (%A-E) are above national for number of years, 98.2% in 2011 but need to improve A*-B grades to close the GAP with national.

2008 2009 2010 2011


A* - B grades 40.2% 50.8% 42.6% 52.0% 42.9% 52.2% 43.1% 52.6%

A – E grades 98.2% 97.2% 99.1% 97.5% 98.6% 97.6% 98.2% 97.8%

Standards – Schools We know that all children need consistently good and better teaching in order to achieve their best possible outcomes. Too many children are attending schools where the quality of teaching and learning is less than good. Currently, using Ofsted judgements there are 49 schools (56%) good and 19 schools (22%) outstanding.

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Continue with a differentiated core offer of monitoring, challenge and support to all schools to ensure we intervene early where necessary.

• There will be Outstanding leadership impacting on all schools and outcomes across Lewisham , as a result more children will be enjoying their learning

• More children will be attending schools, where leadership, provision and outcomes are judged by Ofsted to be good and better.

A Levels � Achievement of a Level 3 qualification: 59% by

2015 � Achievement of a Level 2 qualification: 87% by

2015 GCSE � Achievement of 5 or more A*-C grades at GCSE

or equivalent including English and Maths: 70% by 2015

� Reduce number of schools where under 50% (2015 floor target) of pupils achieve 5 A*-C GCSE with English and Maths: 0 in each year

� Progress in English between KS2 and KS4: 82% by 2015

� Progress in Maths between KS2 and KS4: 77% by 2014

� Achievement of 2 or more A*-C grades in Science GCSEs or equivalent: 65% by 2015

� 5 or more A*-C GCSE: 85% by 2015 � % of Pupils achieving the English Baccalaureate:

25% by 2015 Key Stage 2 � Level 4+ for both KS2 English and Maths: 85% by

2015 � Level 5+ for both KS2 English and Maths: 28%

by 2015 � No. schools below KS2 Floor Targets (3): 60%

Eng & Maths, below Nat.Av. 2 Lev.prog. Eng & Math (floor targets may change in 2012 or later, tbc): 0 schools by 2015

Continue to use outstanding leadership at all levels effectively to ensure that all schools are good and better

Build on the success of current partnerships to increase the leadership capacity across the borough

Develop the leadership capacity of Governing Bodies, using models of best practice

Use Federations and other approaches to improve schools in challenging circumstances or in need of intervention

Continue to focus on the quality of teaching and learning through a rolling programme of audits, peer audits and CPD programmes, including working in partnership with the Teaching schools, including NQTs.

Continue to work in partnership with all schools to raise aspirations and outcomes for all pupils

• More children will make more progress and exceed national average outcomes

Continue to support Y2, Y6 and Y11 intervention strategies.

• More children will transfer successfully from one key stage to the next

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� Progression by 2 levels in English between KS1 and KS2: 96.5% by 2015

� Progression by 2 levels in Maths between KS1 and KS2: 95% by 2015

Key Stage 1 Increase the % of pupils who achieve to above the national average: - KS1 Reading 2+ and 3+ - KS1 Writing 2+ and 3+ - KS1 Math 2+ and 3+ Early Years Foundation Stage (EYFS) (2012 onwards major changes to the EYFS structure and assessments; targets to be set during 2012 when Government finalises the assessment framework). At least 78 points across Early Years Foundation Stage scoring at least 6 in CLL and PSE : 65% by 2015 All schools in Lewisham to be judged by Ofsted as Good or Outstanding


• Primary and Secondary Strategic Groups

• School Recovery Board

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Priority: EA2 Close the achievement gaps between underachieving groups and their peers

Why we need to focus on this outcome: Closing the gap and raising achievement for underachieving groups is key to improving life chances for all young people. We have worked successfully in partnership with schools to anticipate and close some achievement gaps. An increasing number of schools have demonstrated the capacity to accelerate the progress of pupils facing particular barriers and challenges. Further work is needed for this to be secure across all under achieving groups in all schools. EYFSP – gap between lowest 20% and the Lewisham average has been closing at a faster rate of progress then national.

2008 2009 2010 2011


The gap between lowest 20% and the

Lewisham average 37.9% 35.7% 34.8% 33.9% 32.9% 32.7% 29.9% 31.4%

Key Stage 2 – Pupils on Free School Meal continue to outperform their peers nationally, but require further improvement to close the gaps with all pupils.

GCSE – Lewisham has overall increasing GCSE trends, but has not kept pace with other London Boroughs and nationally. From 2012 – 2015 the focus is on the core subjects of the English Baccalaureate, and A* / A / B grades to ensure that there is accelerated and sustained improvement, and aiming for the best quartile nationally by 2015 (best quartile nationally in 2011 is 60% % A* - C inc. English and Maths).

A levels – pass rates (%A-E) are above national for number of years, 98.2% in 2011 but need to improve A*-B grades to close the GAP with national.




Continue to work with schools and other agencies to maximise positive parental engagement with their children’s aspirations and achievements.

• Increase in parental involvement in children’s achievement.

To ensure that the Payment By Results measures show an improvement in the following by March 2015:

Improved parenting and attachment Improved school readiness Prevention of escalation

Work in partnership with all schools to accelerate the progress of pupils in underachieving groups.

• More children and young people from underachieving groups will make accelerated progress and reach and exceed national levels of

Underachieving groups attainment at age 19 (also ref Economic Well Being Priority EWB 2 Raise participation and achievement at age 19)

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attainment. � FSM pupils achievement of a Level 3 qualification:

54% by 2015 � FSM pupils Achievement of a Level 2 qualification:

80% by 2015 GCSE underachieving groups - % achieving 5+ A* - C grades incl English and Maths by 2015 � Black Caribbean (All Pupils): 65% � White British (All Pupils): 70% � EAL Pupils: 67% � FSM Pupils: 55% � SEN Pupils: 29% � Looked after children : 24.%

� % LAC who sat GCSEs 80% KS2 underachieving groups - % achieving L4+ in both English and Maths by 2015 � Black African - (FSM Pupils): 69% � White British - (FSM Pupils): 67% � FSM pupils: 69% � EAL pupils: 80%

� Children in care reaching level 4 in English at Key

Stage 2 62% � Looked after children reaching level 4 in

mathematics at Key Stage 2 62% - % achieving L5+ in both English and Maths by 2015 � All FSM pupils: 18% � Black Caribbean - (FSM Pupils): 18%

Share best practice where schools and pupils are bucking the trend and making accelerated progress to achieve higher than national outcomes.

• More children and young people will succeed and raise their aspirations of what they can and will do in the future.

Further develop strategies to close achievement gaps as part of Lewisham Challenge 2015.

• More of the most disadvantaged children will be achieving 5 GCSE including English and Maths

• Expectations and aspirations of teachers, parents and pupils will be raised for these groups

Ensure effective transitions of vulnerable children across all phases.

Those children most vulnerable will be supported to ensure they are school ready. Provide young carers with the additional support in order to embed aspiration and promote learning and achievement for Lewisham’s young carers.

Work with all Early Years providers to develop school readiness for targeted children to enable successful learning.

Identify young carers and provide the support they need to aspire and achieve at school

Further develop the impact pupil voice can have on outcomes, to include Pupil Ambassador Programme.

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How will we know we have been successful/What will be the evidence of this impact?: Early Years Foundation Stage (EYFS) (2012 onwards major changes to the EYFS structure and assessments; targets to be set during 2012 when Government finalises the assessment framework). Narrowing the gap in EYFS between the lowest 20% and the rest: 27% by 2015



• LAC Virtual Governing Body

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Priority: EA3 Improve secondary school attendance


• Evidence shows that achievement directly correlates to attendance. When younger children get into a pattern of non attendance, this becomes more extreme as they get older and research indicates that low attendance in early years frequently leads to poor school attendance later on.

• Non attendance can lead to young people failing to achieve and in some cases, not completing their education. It also places them ‘at risk’ both in terms of being vulnerable and becoming involved in anti-social behaviour and criminal activity.

• Although our performance with regard to secondary attendance has improved in recent years, challenges remain and further action is required to embed strong attendance practices in every secondary school and to ensure swift and efficient responses to persistent absence including the use of Fixed Penalty Notices alongside prosecution through the courts.

• Attendance is a safeguarding issue. Schools need strong systems to ensure all pupils are attending, and through good information sharing , to ensure that every child attending poorly or not at all, is targeted for action and support.

• Attendance in primary and secondary schools has improved with overall absence in primary schools at 4.3% which is better than the national average of 4.61% and most of our statistical neighbours, making Lewisham second best in inner London for overall primary attendance.

• Overall attendance in secondary schools has also improved to 6.2% which is better than the national average of 6.52% but does not compare favourably with our statistical neighbours and the inner London average of 6.11%.

• 5.7% of pupils were persistent absentees from secondary schools in 2010- 2011.

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Review how secondary attendance resources are deployed and evaluated, implementing a new system to include and significantly increase the use of Fixed Penalty Notices starting in January 2012.

• The expectation is that we will assist in ensuring that more young people complete their compulsory education with qualifications that will lead to further/higher education and/or employment.

• An elevated PA threshold will impact on PA figures as the target group now includes pupils with attendance of less than 85%, rather than 80% as before. This is likely to increase the number of secondary pupils who fall into the PA category under this new definition.

• By ensuring children’s absence is picked up early will ensure the needs of children and their families are met and do not escalate.

• The increased use of Fixed Penalty Notices combined with the anticipated increase in prosecutions due to the elevated PA threshold, will likely result in an increase in prosecutions in cases where parents fail to pay the fine where a penalty has been issued, in which case the matter will proceed to court for non attendance.

• To reward good attendance for pupils so they understand the importance of being at school and in lessons.

• To ensure young carers are enabled to fully participate in lessons, engage with their peers, take part in school activities as much as possible to raise their own aspirations, experiences, learning and achievement.

Secondary School absence, by Summer 2014 (school year 13/14): % Half days missed Secondary school persistent absence rate (15% threshold): reduce to 7.4% Secondary School persistent absence rate (20% threshold): 4.6% Continue to reduce the secondary school overall absence rate to 5.85% (Secondary school attendance will reach 94.15.) % of Lewisham looked after children, attending secondary schools, who miss 25+ days of school – reduce to 13 Primary School absence: % Half days missed: By Summer 2014: Primary Schools overall absence at 4.4% Primary School attendance to reach 95.6%. Rate of permanent exclusions from school – reduce to 0.05% LAC overall school absence 5% LAC persistent absentees (20% threshold) - down to 5% Ensure that LAC fixed term exclusions (1+) reduce to no more than 12% by Summer 2014

Ensure that schools treat every case of a child who attends poorly or not at all, as a safeguarding issue, holding TAC meetings to ensure re-engagement, leading to the completion of the CAF in cases where there is no improvement.

Attendance and Welfare Service are and will continue to be informed of all pupils not attending through effective joined up monitoring systems with schools.

Continue to provide strategic support to schools in their management of attendance and provide targeted support to both primary and secondary schools with significant numbers of persistent absentees (Fast Track and pre-referral meetings).

Continue to target LAC attendance via a case by case approach to removing barriers to going to school.

Continue to enforce a range of prosecution and pre-prosecution measures including court warnings, issuing penalty notices, Parenting Orders, Fast Track and Attendance Panel meetings to ensure families are involved and accountable for their children’s attendance at school.

Complex Case Forums were introduced in 2011 involving a multi-agency approach to working to resolve attendance issues where court action may not be appropriate. The effectiveness of these will be reviewed.

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Attendance Reviews have also been conducted and these will continue as detailed feedback is provided to schools which can be used to improve school systems and strategies.

Ensure that LAC permanent exclusions remain at 0% up to Summer 2014 Increasing the number of schools signing up the agreed protocol year on year and embedding practice which gives appropriate consideration to the needs of young carers. 2013: 50% 2014: 80% 2015: 100%

Continue to offer positive incentives to those pupils who attend well.

Continue regular truancy sweeps with the police.

Identify young carers and provide them and their families the support they need to enable young carers to attend and fully participate in school life and activities.


• Primary Strategic Group

• Secondary Strategic Group


• Looked After Children Virtual Governing Body

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Priority: EA4 Meet the needs of children with complex needs and disabilities


All children, wherever they are educated need to be able to learn, play and develop alongside each other within their local community of schools. Over the life of the previous CYPP, Lewisham have carried out a review of provision for children with SEN and made significant progress against the initial plan (2007). The SEN Green Paper Consultation (March 2011) highlighted and reported on the concerns of families, children and young people with identified disability and complex additional need, and posed questions on how to review processes, approach and provision in order to:

• better support life outcomes for children and young people;

• increase parental confidence and enable more control;

• strip away unnecessary bureaucracy, enabling professional innovation. This will be enabled through

• a new approach to identifying SEN through a single Early Years category in early years settings and schools; • a new single assessment process and plan will incorporate Education, Health and Social Care by 2014; • local authorities and other services will set out a local offer of all services available; • the option of a personal budget by 2014 for all families with children with a statement of SEN or a new Education, Health and Social Care Plan to

provide families more flexibility of choice • parents will be independently supported to participate in the single assessment process



Develop and test a new model of support for children, young people and their families/carers through the new process, in order to strengthen family influence over, and confidence in outcomes, by 2014;

Increased parental confidence in support and provision for children and young people, along with effective support for families.

Maintain high levels statements issued within timescales: Special Educational Needs - statements issued within 26 weeks excluding exceptions – March 2015 : 100% Special Educational Needs - statements issued within 26 weeks including exceptions March 2015 100%

Develop improved transition pathways and provision for young people ( 16 – 25) to access education, employment and/or independent living, by 2014;

Clear transition pathways established for children and young people with disability and complex additional needs (0-25yrs);

Develop, implement, review and embed a single, Establish a new approach to identifying disability

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integrated assessment process across health, education and social care for children 0-25 years in order to produce by a Single Family Plan, for the most complex and vulnerable children and young people, by 2015;

and complex additional needs to give children and families effective support to succeed and support high expectation;

Number of maintained SEN statements Further reduce from 1356 in 2012, down to 1325 in 2015. Number of new SEN statement issued Reduce the number of new SEN statements issued from 180 at March 2012 down to 150 by March 2015. Percentage of pupils with a Statement of Special Educational Needs in Special Schools 43.8% in 2011, down to 40% in 2015 Take up of opportunity from families during the pilot period Family satisfaction (evidenced through feedback/survey)

Pilot and introduce personal budgets across health, education and social care to support and underpin delivery of Single Family Plan by 2015;

Increased parental participation and ownership is securing identified necessary support and provision for pupils with complex needs Ability for pupils to manage own resources and secure creative support, in response to needs and personal aspirations

Continued development of specialist educational provision, within the mainstream and special school sector, through development of the new special school and continued resource base development;

Increased capacity in mainstream schools, to meet the needs of a wider range of needs, providing a range of differentiated provision across the sector and increasing parental choice Supporting the view that pupils should be able to be educated locally, with peers and have similar opportunities and life chances Increasing and developing provision across the borough in order to support awareness of need and workforce development


• SEND Pathfinder Board • LLDD Strategic Board

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Priority: EA5 Ensure there are sufficient school places for every Lewisham child


This is a top priority for the Council. The Local Authority has a statutory duty to provide a school place for every child whose parent/carer requests one. The birth rate in Lewisham has increased by 34% over the last decade, and the proportion of families requesting a place in a maintained school (mainstream and special) has also increased. Demand is projected to remain high for the next decade. This includes demand for places for children with special educational needs (SEN).




In order to meet the demand for Reception places, by 2015 Lewisham will aim to add approximately 540 permanent places in primary schools supplemented by temporary additional classes to meet local fluctuations in demand. The immediate requirement is to deliver up to an additional 21fe for September 2012.

The large majority of families will continue to be able to access a primary school of choice within their locality. As many children with SEN as possible will be able to be educated locally. Parents of children with SEN will have increased choice in terms of educational provision available for their child. Mainstream schools will better able to meet the needs of children with SEN.

By March 2015

• All requests for school places are met.

• Percentage of Secondary School Admissions that have met first (1) parental preference 63%

• Percentage of Secondary School Admissions that have met first to third (1-3) parental preferences 90%

• Percentage of Secondary School Admissions that have met one of the parental preferences 96%

• Sufficient permanent provision is developed to meet demand, including for children with SEN.

• Offers meet the DfE guidelines on distance

• Surplus places are minimised

• Projects offer good value for money

• There is a reduction in the proportion of children with SEN attending out of borough provision.

Recent announcements of capital funding have underpinned proposals for permanent expansions, either on existing sites or though re-commissioning Council buildings in partnership with schools, within an operational plan that extends to 2015. These projects will be progressed in 2012 and 2013. The borough will continue to maintain a diversity of places working with Community and Faith schools, and promoting all-through provision.

Working closely with Governing Bodies, we will also continue to expand popular and successful schools where necessary and possible through the opening of temporary additional classes. The borough’s strategy is to aim to meet demand locally, so that

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families who apply on time are not required to travel unreasonable distances across the borough. There will be continued close liaison with the School Improvement team so that where schools in more challenging circumstances need to be enlarged they receive appropriate support.

• There is an increase in the number of children with SEN being educated in resource bases in mainstream schools.

Places in Secondary schools are expected to come under pressure from 2016 and planning will be further developed now to ensure that sufficient places are available. Work will proceed to develop a sub-regional strategy for Secondary provision so that the existing range of provision is maintained.

In order to meet the concurrent demand for places for children with SEN, the Local Authority will continue to establish new resource bases in mainstream primary and secondary schools, as well as increasing the number of special school places available, in particular, for post-16 learners with learning difficulties and disabilities (LLDDs) where there is a recognised pressure.

In addition to the 10 existing resource bases in Lewisham, there are 3 new 16-place Autistic Spectrum Disorder (ASD) resource bases set to come on stream by 2013, with a further 2 planned by 2015. The focus will continue to be on developing new provision for children with ASD as this currently represents the greatest area of SEN need in the borough (36.4 percent of 0-19 year olds with a statement).

Local specialist provision will be further strengthened by the opening of a new all-age ASD school, Drumbeat, in September 2012, which will include a greater number of sixth form places than originally planned in response to increasing demand.

Drumbeat will offer an ASD outreach service to mainstream schools, including those with resource

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bases, further enhancing the capacity of mainstream provision in Lewisham to meet needs of children with SEN.

The rebuilding of Brent Knoll Special School by September 2014 will provide greatly improved and updated facilities for 164 children aged 4-16 years.


• The Primary Places Strategic Board • Primary Capital Programme Strategic Partnership

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Priority: EA6 Ensure children and young people access culture, sport, leisure and play activities


All children and young people deserve an enjoyable childhood – no matter what constraints they face. Research shows that play and access to the arts has many benefits for children and young people in terms of social, cognitive and behavioural development. It promotes increasing levels of flexibility for children and young people. Advantages associated include the development of problem-solving skills, supporting their language development and literacy, developing their social skills, expressing emotions, developing imagination and creative interests and abilities. Cultural Arts in Education leads to respect of other ethnicities and traditions at an early age. Students of music learn to stretch their inner resources in order to achieve a new level of excellence. Through music study, students learn the value of effort and dedication to achieve excellence and the concrete rewards of hard work. Music provides children with a means of self-expression. Self-esteem is a by-product of this self-expression. Music performance teaches young people to conquer fear and to take risks. It teaches children how to deal with anxiety at an early age which makes it less of a problem later on in life. We need to ensure that we build on the success of the 2012 Olympics and Paralympic Games so that all our children have the opportunity to engage in a diverse range of sports. 1. Early musical training helps develop brain areas involved in language and reasoning.


How will we know we have been successful/What will be the evidence of this impact:

Ensure that every child aged 5-18 has the opportunity to learn a musical instrument (other than voice) through whole-class ensemble teaching programmes for ideally a year (but for a minimum of a term) of weekly tuition on the same instrument

All children and young people will experience enjoyment and success from the earliest stages of musical learning.

Increased engagement in instrumental music-making both within and beyond school provision. A whole class instrumental programme in every school with KS2 pupils with increased to instrumental learning in KS1 and KS3.

Provide opportunities for children and young people to play in ensembles and to perform from an early stage

All children and young people will have the opportunity to develop their understanding of music and practical skills through learning and performing alongside peers in school and outside school. They will have access to a greater diversity of musical styles through music-making opportunities with local and partner organisations

At least one musical ensemble in every school. New area and borough ensembles in a wide range of musical styles and disciplines. Greater numbers of children and young people involved in school and borough performances, projects and festivals such as Lewisham Live.

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through the borough Music Hub.

Ensure that clear progression routes are available and affordable to all young people

More children and young people will progress beyond first access irrespective of the potential barriers that personal circumstances may present. Partnership working will broaden and deepen opportunities for musical progression.

Increased numbers of children and young people progressing through to instrumental grades. More children and young people from disadvantaged groups attend music centres and Music Hub partner music programmes in the borough and beyond. Greater numbers of children and young people have access to music technology and progress through to engagement with the creative industries.

Ensure that every pupil sings regularly and that choirs and vocal ensembles are available in and outside schools.

Enhanced access to vocal leadership training in schools and beyond will impact on improving the quality and range of singing opportunities available to young people. Every school will have a singing programme. As a result, more children and young people will experience the joy of singing together with the benefits to learning, self-confidence and social development that singing can bring.

At least one choir or vocal ensemble in every school. More area and borough-wide choirs and vocal ensembles. More children and young people progress to high quality singing opportunities within and beyond school.

Ensure that every pupil has the opportunity to experience high quality music-making.

Greater access for children and young people to professional musical performances and venues, and work with professional musicians.

More school-based performances provided by Music Hub organisations. More children have access to high quality performances through targeted programmes and preferential ticket schemes.

Continue to produce the Summer’s Alive Directory, ‘Summer’s Alive’ aims to help all children, young people and their families find activities taking place over the summer holidays in Lewisham.

2,000 families who live in Lewisham and have a disabled child. It has been designed to enable parents and carers of disabled children to find mainstream activities that can accommodate their child’s additional needs and uses 5 symbols to show which additional needs an activity can cater for.

No. of disabled children who access mainstream activities.

Ensure every Lewisham child aged 5-16 is aware and has the opportunity to undertake 2 hours per week of Physical Education (PE) and school sport.

Physical activity has many benefits including improved health, improved social skills, improved concentration and focus and will also ensure all

Baseline and targets to be established

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Build on the Olympic and Paralympics Games legacy by ensuring that all children and young people access Lewisham’s diverse range of sports clubs and facilities.

Lewisham children, irrelevant of their background will have access to the same level of sports activities.

To work with schools to ensure all children by the age of 11 are able to swim confidently. Where children are identified as not being able to swim by age 11, work will be undertaken with secondary schools to encourage pupils to participate in intensive swimming courses.

Regular swimming will improve health, reduce obesity levels and build confidence and self esteem in children.

Baseline and targets to be established

Ensure children in Lewisham aged 5-12 have a Library card.

Children will have access to books and information through library services across the borough. Through a developed love of reading children will reading read more broadly and improve reading levels.

In 2012, 54.6% of 5-12 year olds have active library cards. Year 1 – increase to 65% Year 2 – increase to 75% Year 3 – increase to 85%

Work with schools in establishing and maintaining their own library provision on-site to meet their pupils’ needs.

Children will have access to a wide range of books in school. Books can be purchased at discounted prices, providing value for money. Book collections can be tailored to meet the needs of schools.

In 2012, 6 primary schools were involved in improving their own book provision. Year 1 – increase to 12 schools Year 2 – increase to 18 schools Year 3 – increase to 24 schools

Promote the love of reading and works of creative imagination through initiatives such as the Summer Reading Challenge.

Children will read more broadly and widely and gain confidence in their reading ability. This will lead to increased vocabulary and communication skills and improved writing skills.

In 2011, 35 primary schools were visited to present certificates to children completing the Summer Reading Challenge. Year 1 – increase to 40 schools Year 2 – increase to 50 schools Year 3 – increase to 60 schools

Where possible introduce equipment specifically for children with a mobility disability in Lewisham’s parks and open spaces.

Audit of equipment suitable for children with a disability to ensure children with mobility additional needs are catered for and can play and enjoy Lewisham’s parks and open spaces.

Baseline to be established

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We will work with the community and the local assemblies to make improvements to children’s play facilities

Ensure our children and young people are involved in developing play facilities and that their opinions are considered in decisions which will affect them.

Number of new facilities User satisfaction rates Increased usage of facilities

Increase the range and scope of the early years arts offer by facilitating the Cultural Early Years Group and securing funding to support 2-4 year olds to access music and movement.

Increased opportunities for early years to engage in quality arts activities. Create pathways to the youth arts offer provided by regularly funded organisations.

Increased number of early years children accessing quality arts provision.



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Priority: MPC1 Strengthen further youth participation and involvement


Young people have dynamic and valuable ideas which can greatly benefit the borough, yet they often get poorly presented by the media. Young people are often concerned about their future and it is both important and their right that they are honestly involved and have a voice in the decisions being made about the society in which they live and are empowered to speak out against any unfair negative perceptions of youth presented by the media. Our continued facilitation of youth participation and involvement will allow young people to develop a sense of ownership and belonging and embed a culture of responsibility to the community which is key to both children and young people’s own development and to that of the Borough. Participation schemes also allow young people to develop transferable life skills increasing employability. Lewisham values young people as volunteers and we seek to increase the number of young people taking up volunteering opportunities. Volunteering benefits everyone by: developing a greater sense of pride and participation within the community; breaking down barriers and preconceptions, increasing knowledge, skills and confidence, supporting studies developing employment skills, in addition to the benefits gained by the public receiving services.



Continued promotion and support of the Young Mayor and Advisors scheme (YMA) including continued allocation of their own £30,000 budget and further expansion of the scheme into all schools and youth settings.

• More young people will be able to plan local provision and feed into the borough wide service development ensuring that youth voice has a real and lasting effect and is reflective of the diversity within the borough.

• Increased use of the B-involved website, measured through site ‘hits’ and user surveys, to ensure young people know where to access support services and participation opportunities and as a participation and feedback tool.

• Further opportunity for YP to gain practical and accredited skills through participation

• Maintain the participation and engagement of

Increase the number of young people participating and achieving recorded and accredited outcomes by 5% of 2011/12 levels.

• Min. 30% of young people aged 13 to 19 to have contact with youth services

• Min. 20% (c. 4400) to be regularly participating.

• 80% of participants (c.3600) to achieve recorded (locally recognised) outcomes

• 40% (c.1800) to achieve accredited (nationally recognised) outcomes.

Complete a youth audit across all CYP directorate services with the aim to increase this across partner

Improve the participation of Looked after children supporting them to access youth voice opportunities

Continued involvement of young people in strategic decision making specifically ensuring participation in the CYPSPB and ensuring that this includes vulnerable groups

Create a Youth Action group to support the YMA and the CYPSP with practical tasks including

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development of the newly revamped B-involved youth portal, a Youth Audit, other communications and consultations and youth led events.

children and young people with uniformed organisations to build self esteem, confidence, social skills and community involvement.

• To enable children and young people to gain accredited qualification in their spare time with uniformed organisation in addition to the skills they pick up and the fun they have.

• Provide children and young people who are at risk of poor outcomes i.e. young offenders, NEET, LAC, Teenage mothers the opportunity to take part in community activities, meet new people, learn new skills, gain qualifications and raise their aspirations.

services by 2015. This is to be developed alongside the Government’s release of new youth measures in Dec 2012. Enlist min, 30 young people per year to a Youth Action Group by October 2012. All 15 Lewisham youth clubs and APGs to have active youth forum by March 2013. Ensure we fill all allocated national Citizenship Scheme places for Lewisham year on year. Baseline for 2012 is 180 places. Min. 850 cyp per year registered for Duke of Edinburgh scheme. Establishment of volunteering project which will provide support to organisations and young people by 2015. Increased no. of young people who volunteer (baseline to be established) To have worked with 10 organisation by 2015to disseminate learning to the voluntary and community sector. To provide specialist training opportunities for 150 young people a year, 20 volunteering/ placement opportunities as well as signposting young people to further education and employment opportunities

Increase the no. of children involved in Lewisham

Ensure Lewisham young people are aware and access to the new National Citizenship Scheme (NCS) starting with a pilot in 2012.

Continuation and expansion of the Duke of Edinburgh scheme

Establish a process for the children in care council and the corporate parenting group to be consulted by the council prior to any significant decisions being made or considered which relate to looked after young people and care leavers.

Raise awareness of existing schemes and volunteering opportunities to young people (14+) through the use of schools and to also reach harder to engage young people i.e. young carers, NEETs, LAC, excluded pupils.

Work with organisations from the voluntary, community and not for profit sector, for example through capacity building, so that they are able to engage young people in volunteering, and deliver training programmes for young people. Maintain and increase the number of children and young people volunteering with Lewisham You. Increase the number of young people who gain accredited qualifications through their participation in Lewisham You.

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Increase the number of vulnerable children (at risk of poor outcomes ) who are referred to Lewisham YOU.

YOU. No of qualifications gained through Lewisham YOU for Lewisham CYP. Increase the no. of 'vulnerable' children referred to Lewisham YOU



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Priority: MPC2 Reduce anti-social behaviour and youth crime and support young people who are the victims of crime


Lewisham has witnessed a number of positive outcomes over the period April 2011 to March 2012. There has been a reduction in the number of violent offences that have occurred on the Borough and an overall reduction in the levels of Serious Youth Violence. Closely linked to this is the decline in personal robbery and theft from the person. However Lewisham continues to face a number of challenges in regards to tackling young people’s involvement in crime and offending. Priorities for 2012/13 will remain the four Safer Lewisham Partnership priorities as directed through the Strategic Assessment:

• Knife Crime

• Domestic violence and Violence Against Girls

• Tackling ASB

• Managing Offenders in the Community


What’s going to be different/What will be the impact for children and young people and their families :


Further develop interventions for those at risk and those within the YJS with a focus on Triage.

• The numbers of young people who have offended receiving one to one key work will increase, resulting in an increase in the number of young people who are EET, thus reducing the risk of them reoffending.

• Families will receive a more holistic programme of support and intervention

• Reduction of re-victimisation of youth MARAC clients

• Reduction of youth MARAC clients becoming perpetrators themselves

• Reduction of First Time Entrants

• Increase the number of practitioners in schools who are Restorative Justice trained and increase the number of schools who

• The numbers of Lewisham residents who are First Time Entrants to the Youth Justice System will reduce by 10% by 2015 to 200 young people.

• The numbers of young people (U19) who are victims of serious youth violence will reduce from a baseline of 327 victims in 2011/12.

• The numbers of Lewisham young people known to the Lewisham Youth Offending Service who reoffend will reduce from 40% to 35% by 2015.

• The numbers of young people who are current young offenders and who are NEET will reduce to 10%

• % LAC aged 10+ final warning/rep/conv during

Realign services to ensure that resources are directed and tailored to young people with the highest risk of reoffending and risk of causing harm to others.

Continue to deliver the youth MARAC to support victims of crime and further embed this into the work with perpetrators of Serious Youth Violence.

Improve early identification of young people at risk through increased emphasis on work siblings of known offenders.

Expanding the use of Restorative Justice and early support models and expand the ‘Restorative Neighbourhood’ project to prevent escalation of low level anti-social behaviour and to support those who

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are victims of harmful behaviour. can use the practices.

• Increase the use Restorative Justice in Anti-Social Behaviour cases.

year to reduce from 11.6% to 7% by 2013

Develop housing support to meet the needs of young people and their families who are affected by serious youth violence.

Continue to provide a range of diversionary activities for those at risk of offending/re-offending.


• Safer Lewisham Partnership Performance and Delivery Board

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Priority: MPC3: Provide integrated youth support for all young people to ensure they are able to make informed choice about their lives


As young people enter their teenage years, transition into adulthood and develop both personally and socially they are naturally faced with significant life choices, begin to move to independence and alter their relationships with parents/carers, society and their peers. It is crucial that during this time all young people are empowered to make well-informed decisions that will put them on a path to achieving positive life outcomes. Whilst, for most, support comes from a combination of families and schools/colleges the youth support service also has a vital role to play, especially for more vulnerable young people. By offering or commissioning support from a holistic perspective and providing opportunities for personal and social development outside of a classroom, services can help young people successfully transition to adulthood. By offering support which reflects the complexity of issues that young people face and doing so early and in places and forms that are easily accessible Lewisham can raise young people’s aspirations, support attainment and help young people to enter and remain in education, employment and training and ensure that those at risk of negative outcomes, such as teenage pregnancy, substance misuse, crime, truancy and unemployment and poor educational attainment are better able to avoid these and instead achieve positive outcomes.



Increase of youth workers’ direct contact time to 70% and ensure a broad range of positive activities are available 5 nights a week, one day at the weekend and during holidays.

Many activities will also be part of the borough wide short break offer

Provide a choice of easily accessible positive activities across the borough both by providing these through Lewisham youth clubs and APGs and commissioning and coordinating the VCS.

Increase the number of young people participating and achieving recorded and accredited outcomes by 5% of 2011/12 levels.

• Min. 30% of young people aged 13 to 19 to have contact with youth services

• Min. 20% (c. 4400) to be regularly participating.

• 80% of participants (c.3600) to achieve recorded (locally recognised) outcomes and 40% (c.1800) to achieve accredited (nationally recognised) outcomes.

• Increase numbers of YP with disabilities and SEN receiving short breaks

• Increased number of LAC participating in positive activities based on a baseline to be confirmed 2012/13.

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Provide a targeted, intensive, holistic key work service for YP 13 to 19 (25 with SEN/LDD) Provide a one stop ‘front door’ in central Lewisham (Baseline) for this and other targeted support services

• Offering easy access to 13+ intensive key work support

• Better involvement of Youth workers within Teams Around Families to enable the achievement of positive outcomes.

• Continue to maintain our low NEET figures. Target 2012-15: 5%.

• Decrease NEET unknown rates to 5% by March 2013, and sustain to March 2015

• Rate of under 18 conceptions per 1000 15 – 17 year olds - 37.1 for 2014 calendar year - - % of LAC girls who have ceased to be looked after who are mothers - pending benchmark data.

Improve virtual support offered to young people through a new youth portal to include better use of social media and active involvement of YP in content creation and design.

• Offering better and clearer means to promote all services for young people from across the partnership.

• Increased use of Lewisham website by young people and social media activity (hit rate and demand by partners to place info on the site)

• Increased participation in Youth services as above.

• Increased self referrals to targeted services

Ensure close links across partners including the police, youth service and health providers, VCS and faith sector to ensure a joined up youth offer

• Ensure that we are reaching all sectors of the community and targeting children and young people at risk through the forums and networks they are comfortable with.

• Increased co location of services and promotion

• Increased number of YP accessing YSS services as above.

Provide intelligence led mobile youth support through street based youth work and other commissioned mobile services.

• Improve access to early intervention to enable us to better target groups of vulnerable young people.

• Increase number of referrals made by street based teams from a base line tbc in 2012/13



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Priority: EWB1 Reduce further the number of young people who are NEET 16-24


Lewisham has been successful in reducing the number of young people who are NEET, and it is important to sustain these low numbers particularly during the economic downturn, particularly as we gear up to the raising of the participation age in 2013 and 2015. Work will focus on those groups who are most vulnerable to being NEET, including teenage mothers, young people who have learning disabilities and/or physical disabilities, young offenders, those with substance misuse, and our Looked after Children and young carers.




Continue to target youth support to those groups at greatest risk of becoming NEET.

� Fewer young people will be NEET and fewer young people will be ‘unknown’.

� More young people will be earlier identified as at risk of becoming NEET.

� More young people will be tracked to ensure appropriate signposting or information, advice and guidance in order for them to become / stay EET (pre and post-16).

� More targeted young people will have access through the Youth Support Service to the Baseline central hub and key agencies for NEET support.

� More young people will be aware of the support services available to them through awareness raising of the Lewisham NEET reduction strategy and the support framework.

� More young people and parents will be aware of the Raising of Participation Age to age 17 by 2013 and 18 by 2015, and all schools will be working to prepare for 2013.

By 2015 � Sustaining continually low NEETs, and maintaining NEETs in Year 12, 13 and 14 at 5%.

� Improving the tracking of post 16 young people (ages 16 – 18 years) and to reduce the unknown destinations to 5%.

� Reduction in the proportion of LAC who are NEET to 5%

� Reduction in the proportion of Carers who are NEET to 5% .

� Reduction in the proportion of YP with substance misuse problems who are NEET to 2% .

� Reduction in the proportion of YOT (Youth Offenders) who are NEET 8%

� Reduction in the proportion of Teenage Mothers who are NEET to 18%

� Reduction in the proportion of LDD YP who are NEET to 10%

� Care leavers in education, employment or training 76%

Provide earlier targeted provision for the most vulnerable during transition, including those least likely to make positive post-16 transitions.

Continue to improve the quality of information, advice and guidance to ensure they meet the needs of all our young people.

Work with more young people in primary schools and the early secondary years to identify early those with additional needs which might lead them to become NEET.

Work with Youth Support Services through the Baseline Central Hub and Youth Hubs to support targeted groups more effectively to become EET.

Improve access to specialist training for NEET vulnerable groups.

Ensure effective delivery of the new commissioning cycle for the NEET reduction service specification.

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Improve the tracking of young people who are EET and NEET.

Continue to support schools in their new statutory function from September 2012 to provide careers guidance.

To commission additional support to meet the recommendations from the Youth Taskforce action plan enabling young people 16-24 to gain employment through a range of schemes including volunteering, social enterprise and apprenticeships.


• NEET Reduction Group • Early Intervention Board • 14-19 Strategic Forum

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Priority: EWB2 Raise participation and achievement at age 19


Young people who remain in education and training until at least 18 are more likely to improve their qualifications and skills with resulting enhanced employment prospects along with social and economic rewards. Level 3 is a significant learner “premium” in predicting future employment prospects, and it is important that quality progression routes are available to its achievement.

For Level 2 and Level 3 attainment, Lewisham has overall improving trends for 19 year olds, including FSM and not FSM attainment, although Lewisham is generally keeping pace with national but not keeping pace with Statistical Neighbours (SN) and inner London averages. Lewisham FSM attainment for both L2 and L3 has increased the gaps with national, nearly doubling the positive differential between 2005 and 2011. Non FSM has a strongly increasing trend, and now equalling national and eliminating the negative gaps with national over the same period.

Analysis for year on year improvement and ranking show that Level 3 at age 19 for FSM pupils has the highest national ranking out of all the data : national rank 10 / 150 for 2 year (+11%)and 3 year improvement (+14%).

Generally Lewisham ranks close to the median against SN and inner London Boroughs for non FSM attainment at level 2 and 3 in 2011, with a variable trend over recent years with these local benchmarking London Boroughs.




Ensure an appropriate curriculum 11-16 provision which meets the needs and aspirations of all Lewisham learners and provides high quality progression routes.

• More and higher percentages of young people will achieve Level 2 at age 16 and 19, and Level 3 at age 19.

• More young people from vulnerable groups will achieve Levels 2 and 3.

• More and higher percentages of young people will access higher education at age 19.

• More young people from vulnerable groups will

By 2015 (Summer 2014 results):

• Level 2 attainment at age 19 to increase by 10% from 77% in2011 to 87% in 2014.

• Level 3 attainment at age 19 to increase by 7% from 52% to 59% by 2014.

• FSM attainment for Level 2 at age 19 to increase by 14% from 74% to 87% by 2014.

Deliver a revised 16-19 commissioning plan to ensure access to a diverse choice of provision for our 16-19 year olds and which is in line with the Lewisham priorities and the needs of young people.

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Work with schools and post-16 providers to improve the breadth and quality of provision for vulnerable groups – including teenage parents, LDD, young offenders and young carers.

access HE at age 19.

• FSM attainment for Level 3 at age 19 to increase by 15% from 44% in 2011 to 59% by 2014 .

Continue to support and challenge providers to increase the number and proportion of learners achieving Level 2 at age 19.

Through the 14-19 Forum, further develop and implement the strategy for the Raising of the Participation age to 17 by 2013.

Work with our providers to ensure appropriate provision to enable full participation for up to 17 by 2013 and up to 18 by 2015.

Work with schools, colleges and HE providers to ensure they provide information, advice, guidance and experience of Higher Education to all students, particularly those who are from vulnerable groups and/or are from low income families/families with no previous HE history.

Working closely with other partners, including Aspire, provide opportunities for gifted and talented students to be successful in applications to the ‘top’ universities, with a particular focus on those students from low income families.


• 14-19 Strategic Forum

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Priority: EWB3 Secure a diverse 14-19 offer which meets the needs and aspirations of learners


To ensure that all Lewisham’s young people access the courses and progression routes that meet their needs, particularly as we gear up to the raising of the participation age (RPA) in 2013 and 2015.




Through our 14-19 Strategic Forum, and negotiating with other Boroughs, review and further develop the 16-19 commissioning plan to ensure access to a diverse choice of provision for our 16-19 year olds and which is in line with the Lewisham priorities.

• More young people will be placed on appropriate provision.

• More young people will progress to HE. • More young people and parents will be aware of

the Raising of Participation Age of age 17 by 2013 and 18 by 2015.

• A clearer picture of post-16 provision for our young people and analysis of demand for provision in the borough.

• Annual dialogue with post-16 providers to shape provision to meet the needs of the Lewisham Priorities and for young people.

• Conversion of existing provision into Apprenticeships and Level 1 provision.

• A clearer analysis of at risk KS3 and KS4 young people to support the NEET prevention / RPA strategy.

• A Lewisham Post-16 course brochure. • A robust framework to challenge and support poor

and inadequate provision.

• Increased participation rates in post-16 learning to 90% by 2015, particularly amongst vulnerable groups.

• Improved participation of 17 year olds to 90% by 2015 in education and training education or work based learning.

• % A2 entries (completing 2 years of study) A* - B grades 49.7% by 2014

• % A2 entries (completing 2 years of study) A* - E grades (pass rate) 99.5% by 2014

• Maintain progression to HE in line with statistical neighbours.

• Ensure the commissioning of post -16 provision meets the needs of the year on year learner demand analysis.

• Improved retention rates between yr 12 and yr 13 in Lewisham post-16 providers (currently 73%) to 75% by 2015

• Ensure appropriate Apprenticeship/ Level 1 and 2 provision in place to meet learner

Ensure joint working and consensus post-19 to secure and quality assure progression routes for our young people, taking into account the Raising of Participation Age to 17 in 2013 and to 18 in 2015.

Develop clear intelligence, analysis and understanding of current provision, managing the balance of that provision and accommodating an anticipated increase in Apprenticeship and Level 1 provision.

Significantly increase the breadth and number of Apprenticeships and Level 1 provision in the borough.

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Ensure inclusion of KS4 off-site provision within the Strategic Framework.

• A strategic overview and plan with Lewisham providers for KS4 complementary provision.

• A robust quality assurance framework for KS4 off-site provision.

• A system to track KS4 young people who are studying in off-site provision.

• Appropriate and coordinated employer engagement through the Lewisham Work Experience Team.

demand analysis year on year.(number of Apprenticeship ‘starts’)

• KS3 and KS4 at risk young people identified through the use of Early Intervention Tool are targeted for IAG.

• Maintain post-16 course brochure and 14-19 website.

• Continue to update common data set for monitoring of all Lewisham post-16 provision to challenge and support inadequate provision. Continue to action plan with providers for improvement at subject level year on year.

• All KS4 off-site provision with Lewisham young people quality assured for a minimum standard of satisfactory by 2015.

• Progress and achievement of all KS4 off-site learners tracked for progress year on year.

• Continue a programme of work experience for our post-16 learners.

Increase the quantity and quality of work related and work based training through a co-ordinated approach to employer engagement.


• 14-19 Strategic Forum

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Priority: EWB4 Meet the housing needs of young people and their families


Likely increasing pressure on homelessness generally, and youth homelessness, in particular as a result of the economic downturn and welfare benefits changes. Increasing levels of overcrowding and serious overcrowding across all housing tenures.




Supporting people will remodel and retender the young persons assessment bed services and mother and baby unit provision as part of the overall supported housing provision for young people in the borough.

• One assessment bed scheme, managed by a single provider will replace the 3 existing schemes run by 3 providers.

• Capacity in assessment beds will increase from 25-30.

• The costs of service provision will be reduced whilst service contracts will provide speedier assessment times and more focussed and appropriate assessments of young people’s needs for medium/long term housing provisions and support.

• The young mothers service will provide overnight cover, an extension to existing provision.

Care leavers in suitable accommodation – March 2015: 95% More focussed assessment for young people who, after assessment , still require supported accommodation. Better assessment capacity for young people with increased move on to independent accommodation Zero 16-17 year olds accommodated in bed & breakfast accommodation by the Housing service Prevent or defer homelessness or provide alternative options for 70% of 16-17 year olds approaching SHIP

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Ensure a comprehensive service for preventing and responding to youth homelessness which: - includes effective mediation with parents and hosts;

- increases range of accommodation provisions to meet diverse types of need;

- ensures early assessment of homeless prevention and housing options;

- meets the authorities duties to young people who may be children in need;

- appropriately assesses housing support required and offers timely accommodation placement;

- ensures effective accommodation sustainment and planned move on; and

- joins up service provision between Housing, CYP and other services including youth offending, drug and alcohol and mental health providers.

• The new young people service will assess and move young people on to more appropriate accommodation quickly.

• Joint work with the Single Homeless Intervention and Prevention Service (SHIP) and a focus on mediation with families will result in more young people returning home where appropriate.

• The young mothers service will ensure speedy throughput into more independent accommodation with the overnight cover component able to work with young women who present with additional support needs.

• Appropriate response to young people including via homelessness and as children in need.

• Introduction of a short and medium stay supported lodging scheme for young people suited to supported housing.

• Alternatives to emergency temporary accommodation provided through a contract commissioned in the south east sub-region for short stay assessment accommodation.

• Increased move on options for young people leaving supported housing including a new semi-independent scheme in Brockley and private sector options through a south east sub-region contract to facilitate move on.

• Maximising number of households in suitable accommodation

• More joined service provision for young people • More tenancies are sustained.

Contain levels of under occupation and severe overcrowding on the housing register (Baseline as at April 2012 - serious overcrowded on the register 466; under occupiers 503). Achieved through meeting annual lettings plan targets for these two priorities – targets in 12/13 decants 95 lets; serious overcrowding 146 lets. The number of households living in temporary accommodation will be sustained at below 1,000

Monitoring in place and management information available New medical assessment process launched

Make best use of the housing stock by containing any increase in under-occupation, to free up larger homes for severely overcrowded households, through delivery against the outcomes in the overcrowding and under occupation action plan.

Participate in research on responding to the multiple needs of families and young people in temporary accommodation through research and customer insight work with ThinkPublic and Shaftesbury Partnership. Review evaluation and consider recommendations.

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Ensure comprehensive advice and information for households affected by welfare benefit changes.

Maximise the number of families with disabled children in appropriate accommodation.

Develop and implement a mechanism for monitoring the rehousing housing outcomes and waiting times for households with disabled children on the housing register.

Conduct a review of the medical assessment process for assessing medical priority on the housing register and rehousing requirements


• The Housing Needs Group • The Supporting People Commissioning Body

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Chapter 5 How we will manage the delivery of this plan

Governance

Lewisham’s Children and Young People’s Strategic Partnership sits within the wider

Lewisham Strategic Partnership (LSP). The LSP operates across the borough and brings

together the public, private, community and voluntary sectors.

Correct as at Summer 2012

The CYPSP is the top level of our Children’s Partnership arrangements. It brings together

the organisations, including the voluntary and community sector, responsible for services for

children, young people and families in a shared commitment to improving children’s lives.

The CYPSPB has responsibility for:

• Understanding, and acting on, the needs of all the children, young people and

families in the area;

• Knowing how to meet those needs, for instance by bringing together the right

organisations and people or pooling or aligning resources;

S afe r

L ew ish am

Par tn e rs h ip

S us ta i na b l e

D e v el op me n tP a r tn e rs h i p

S tr on ge r

C om m un it ie sPa r tne rs h ip

S h ad ow

H e a lth a ndW e llb e in g

B oa r d

E c on om icD e v e lo pm e nt

a n dE n te rpr is e

P a rtne r sh ip

C h ild re n a n d Y ou ng P e o pl e

S tr a te g icP a rtne r s h ip

B oa r d

L S PB oa rd

S afe r

L ew ish am

Par tn e rs h ip

S us ta i na b l e

D e v el op me n tP a r tn e rs h i p

S tr on ge r

C om m un it ie sPa r tne rs h ip

S h ad ow

H e a lth a ndW e llb e in g

B oa r d

E c on om icD e v e lo pm e nt

a n dE n te rpr is e

P a rtne r sh ip

C h ild re n a n d Y ou ng P e o pl e

S tr a te g icP a rtne r s h ip

B oa r d

L S PB oa rd

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• Making sure those working in front line services, including children’s centres, schools

GPs and community health teams, are receiving the support they need to help

children and families

• Being accountable to local families and communities for what is being achieved

• Acting to put children’s needs before organisational structures

It does this by:

• Agreement of local priorities based on needs analysis;

• Development, implementation and monitoring of the Children & Young People’s

Plan;

• Work with the Health and Wellbeing Board to ensure public health priorities are

being met

• Provide exception reports to the LSP on areas where performance is causing

concern;

• Co-ordination and overview of services for children and young people in Lewisham

including the work of the Local Safeguarding Children Board (LSCB) and Joint

Commissioning Group (JCG) and other working groups;

• Alignment, integration and joint resourcing, where appropriate, of services for

vulnerable children and young people;

• Links to other governance and planning forums;

• Monitoring and scrutiny of targets, objectives and outcomes;

• Partnership and relationship development;

• Governance arrangements including joint governance for larger projects;

• Section 75 agreements and Section 10 agreements where appropriate;

• Winning hearts and minds and communicating back to agencies, services and

teams;

• Provide advice and recommendations to Local Authority Mayor and Cabinet,

Borough BSU and GP Consortia and Trust Boards on Planning and Commissioning

issues;

• Arbitration in any dispute about a service or an Agreement (including in relation to

financial and budgetary matters) and in so far as is possible, resolution of that

dispute.

Collaboration between agencies is essential to the delivery of this plan. For each of the

priority outcomes identified in chapter four there is a multi-agency partnership group

responsible for its delivery. These groups report into the Children and Young People

Strategic Partnership Board either directly or through the Children’s Joint Commissioning

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Group. These partnership groups bring together all of the agencies who are instrumental in

making a difference to the outcome and ensures that all agencies are jointly accountable for

delivering success.

The CYPP also covers relevant areas of work of other partnership groups, particularly the

Safer Lewisham Partnership and the Health and Wellbeing Board. Where appropriate, multi

agency partnership working groups are all aligned across partnership boards. The

Lewisham Safeguarding Children’s Board not only reports to the CYPSPB, but also reports,

when appropriate to the Safer Lewisham Partnership and Health and Well-being Board, as

well as holding these boards to account on safeguarding issues.

The partnership structure is shown overleaf:

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Lewisham Strategic Partnership

Children & Young People's

Strategic Partnership Board

Young Mayor & Advisors

Children & Young

People VCS Forum

Children in Care

Council

Corporate Parenting Panel

Lewisham

Safeguarding

Children Board

Children &

Young People's

Joint Commissioning

Group

Multi-agency Partnership Groups:

• 14-19 Strategic Forum • Healthy Lives, Healthy Weight

Group • Healthy Child Programme

Board • Maternity Matters Steering

Group • SEND Board • Primary & Secondary

Strategic Groups • Early Intervention Board

LSCB Task Groups: • Child Death

Review Overview Panel

• Monitoring Evaluation & Service Improvement

• Policies, Procedures & Training

• Communications and Publicity

• Serious Case Review Group

Schools Forum

Health and

Wellbeing Board

Safer Lewisham

Partnership

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Performance Framework

Performance Management There is robust accountability, challenge and decision-making within the Children and Young People Strategic Partnership. Performance Management operates effectively as a two-way communication process to ensure that all partners, both as individual organisations and collectively within the Children’s Partnership, are able to focus changes on the performance that needs most improvement – to improve the lives of all children and young people in Lewisham, and particularly to focus on the most vulnerable groups. Lewisham CYPSPB has a Performance Management Framework which underpins the delivery of the CYPP, and includes. 1. Children and Young People Strategic Partnership Board (CYPSPB)

“Children’s Client: owns the CYPP priorities and judges delivery and impact’” Performance Management includes:

o Robust performance links with the Local Strategic Partnership (LSP)

performance management.

o Robust performance links with Lewisham Council Corporate Executive

Management Team (EMT) performance Management.

o Focus on outcomes and priorities within the Children and Young People’s Plan.

o Evaluating whether CYPP Priorities are being met by the Partnership.

o Ensuring that organisations are acting collectively within the Partnership, and that

expectations are aligned and clearly linked with CYPP Priorities.

o Enabling impact to be reviewed at all levels of the CYPSP.

o Informing the joint commissioning processes.

o Ensuring that children and young people are satisfied with their services – act as

an advocate for children, young people and their families in Lewisham.

o Including user satisfaction surveys and a range of input from Children and Young

People themselves, as well as the Young Mayor and the Young Mayor Advisers.

o Challenging organisational arrangements across the Partnership where impact is

not meeting targets or satisfying external scrutiny.

o Challenging Joint Commissioning Group (JCG) reports on the use of resources

and judging whether Value for Money is being achieved.

o Receiving LSCB reports and ensuring that the CYPSPB decisions and actions

are aligned with LSCB, and that LSCB is evaluating performance and is

delivering improvement against the CYPP Safeguarding priorities.

o Further evidence is reported by calling in additional reports / evidence / audits to

inform decision making.

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2 Performance reporting focuses on:

o Providing Performance Indicators (PIs) which cover input, process and

impact information

o Benchmarking with Statistical Neighbours, regional and national averages

o Using these PIs as part of the evidence base to understand whether or not

the services that children receive are keeping children safe and improving

outcomes

o Continuously reviewing the range of PIs so that the fullest review of

safeguarding is possible

o Ensuring that frequency, timescales and impact of services for children and

their families across partner organisations are all part of the PI evidence.

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The key responsibilities of the partnership groups are measured through the processes of performance management. The key responsibilities of the partnership and its groups are: Children and Young People Strategic Partnership Board (CYPSPB) Children’s Client: own the priorities and judge delivery and impact across all Every Child Matters outcomes. Lewisham Safeguarding Children Board Ensuring that children are safe, all priorities within the Staying Safe Every Child Matters outcome are met, and to reduce abuse and neglect. Joint Commissioning Group (JCG) Leading, managing and quality assuring joint commissioning across the partnership and securing value for money across the partnership to deliver efficient and effective services. Partnership Working Groups Implementing the development plans.

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Chapter 6 How we drive resources towards delivering our priorities Commissioning as a means to achieve better outcomes Lewisham’s joint commissioning approach is based on a shared commitment across all

agencies working with Lewisham’s children that all money is children’s money and that all

staff work for children. Through joint commissioning of services, we will make sure that

every penny counts, that there is no duplication of services between different agencies and

that we deliver services which meet the identified needs of our children, young people and

their families. We will constantly review and reconfigure services and budgets to ensure that

we receive the maximum impact for our collective resources.

Joint commissioning activities will be led by the joint commissioning team who over the next

3 years will continue to prioritise:

• Leading integration across the partnership for some provision, processes and

resource allocation.

• Pooling or aligning budgets, even where budgets have not been explicitly released

for joint commissioning.

• Identifying how best to utilise the partnerships’ joint resources and secure efficient

services and value for money.

• Ensuring evidence based resource allocation.

• Driving up quality of service provision.

• Re-shaping services and budgets where appropriate to deliver improved outcomes.

Continued pressure on resources from less money and higher demand means that these

areas of priority are even more crucial. Innovative approaches to ensure needs are

appropriately targeted will be sought; the use of outcome focused specifications and

payment by results schemes will be used to ensure services are focused on delivering

outcomes that meet our priorities and are continually improving their productivity - achieving

‘more for less’.

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These priorities apply to all services across the partnership. The commissioning intentions

outlined in this plan refer to specific service areas that we are developing or plan to develop

and will be reviewed annually.

Category

Service Areas

Commissioning Intentions 2012/13

Outcome anticipated Impact on Priority

Early Intervention and Targeted Support

CAMHS To commission early intervention services to support children and young people with emotional and mental health needs in the community (Targeted T2 Mental Health services)

Ensuring emotional and mental health needs are identified and met early, preventing escalation and ensuring that support is targeted to children and young people and their families in schools and community settings.

BH6

Family Nurse Partnership (FNP)

To mainstream FNP services beyond pilot programme in 2012, including expansion to meet needs of more young parents

To meet needs of a wider cohort of teenage parents.

BH3, BH1, BH6, SS1

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Category

Service Areas



Health Visiting service Children Centre and Targeted Family Support School nursing CAF/TAC processes

To evaluate national Health Visiting strategy - expand health visitor numbers and identify delivery options including increased activity though children centre’s and GP practices; to ensure activity at universal, community, partnership and partnership plus levels To embed new outcome based contracts and implement PbR framework To consider the implications of the national School Nursing strategy and agree strategic direction for local service developments To embed TAC/TAF and panel processes

Ensure early health visiting intervention and targeted support is available and contributing to improved outcomes for children and young people and their families. Improved outcomes and their families. Strategic plan to inform service priorities and development Ensure early intervention systems including no wrong door, remain embedded and support is wrapped around the family

BH1, BH4, BH6, SS1, SS2, SS4, EA3, EA6

Diversion from Care

Support development and commissioning of diversion from care services including specialist parenting assessments and intensive family support, as well as aligning to community budgets/troubled families approaches

Targeted, intensive support to children, young people and families to prevent the need for becoming looked after and to build resilience and parenting capacity.

SS1, SS4, EA3, EA6

Children with Complex Needs

MTFC service

Commission services to provide additional support for children in care

To ensure support is available to young people and carers to maintain placement stability.

SS3

Short Breaks

To recommission short break services and meet the full service offer of Every Disabled Child Matters

Ensure full range of short breaks services that meet children, young people and their families needs.

EA4, EA6, SS4

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Category

Service Areas



Autistic Spectrum Disorder (ASD)

Monitor impact of Payment By Results initiative to support the reduction of the waiting list for assessment within Community Paediatrics Services and ensure reduction is sustained

To monitor performance of core service to ensure waiting lists are not created in the future.

EA4

ASD Develop integrated care pathways and preparation for a new ASD school and associated services including post diagnosis support

Integrated assessments being progressed through the SEND pathfinder, and development of services at Drumbeat

EA4

SEND Children with disabilities and continuing care needs

Implement single assessment and planning process for disabled children and those with special educational needs Pilot direct payments and personalised budgets across health, education and social care services Align resource allocation processes for children with complex needs Commission Children’s Community Medical Equipment and input though AQP initiative Re-commission nursing and domicillary care services at end of PPF contracts

To lead DFE/DOH Pathfinder to implement new single assessment and planning process for disabled children and those with Special Educational Needs Provide support for commissioning of Children’s Community Medical Equipment To lead Lewisham’s children’s agenda and input for Any Qualified Provider initiative to support NHS SE London and Lewisham BSU (Children’s Wheelchairs) Reissued framework achieving VfM and engaging PVI sector.

EA4

Paediatric Audiology Service

Support progression of service development for alternative models of provision for Newborn Hearing Screening Services and Paediatric Audiology Services

To lead on pilot of Direct Payments and Personalised Budgets for Health services (within the context of SEND Pathfinder)

EA4

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Category

Service Areas



Vision Health Screening Service

To develop a business case and options assessment to strengthen vision screening arrangements and meet national guidance

Agreed commissioning arrangements of new care pathway.

Youth Services

Targeted youth activity

To further strengthen links with the Youth Offending Service (YOS); detached youth work; intervention to reduce substance misuse and teenage pregnancy.

MPC1 MPC2 MPC3

NEETS Targeted NEET work

Intensive keywork support for people who have been NEET for a long period of time

EWB1 EWB2 EWB3

Use of Resources The council has already addressed a significant part of the challenge to reduce expenditure

in the period to March 2015.

For Children and Young People’s services there has been a reduction in services formerly

funded by grant at some 31% now consolidated in the Early Intervention Grant (EIG). The

EIG is expected to increase in the period to March 2015 but not significantly. The main area

of increase is likely to be funding for the extension of the free entitlement offer for 2 year

olds of disadvantaged families to 15 hours childcare.

In terms of the operation of the EIG, the Government is proposing the increased use of

Payment by Results (PbR) approaches, which will impact on financial performance within

the grant.

In addition to the SEND Pathfinder pilot examining ways to provide more unified approaches

to the support of families with Special Educational Needs, Children With Disabilities will

impact on the future shape of some existing services and the expected roles of services

provided through the EIG.

In terms of resources for Health services, considerable uncertainty exists pending the final

outcomes of the NHS reforms currently subject to parliamentary scrutiny. Public Health

reforms will see responsibility for some services for children return to local government.

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Much work remains to finalise the structure of Public Health services in the new framework,

as well as resolving the details of the draft financial settlement. These reforms should,

however, increase the options for closer joint working in the area. Already the foundations of

joint working built in Children Centres are being developed and there is extension of joint

working with Youth Support Services.

The Children and Young People Directorate has been working with these changes to

develop new proposals for services that can increase cost effectiveness and improve

services.

Current partnership spend

Overall across the partnership our resources are increasingly focused on targeted and

specialist support. Our intention, by focusing our resources in this way, is to support early

intervention and so prevent children and young people moving to higher levels of

vulnerability. This will, as the Plan is implemented, continue to affect positively the

distribution of expenditure between specialist, targeted and universal services. We continue,

relentlessly, to focus our resources on our priorities and evaluate rigorously the impact that

resource is having on outcomes for children. As we continue to have to reduce our spend

our drive for efficient and targeting becomes even more important.

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Current spend is given in Table 1.

TABLE 1

Children and Young People's Plan 2012/13 current estimated partnership spend *

Last years figures 2011/12 2012/13 figures By Partner LBL Other Difference Service Specialist Targeted Universal Total LBL NHS Police Partners Specialist Targeted Universal Total £000's £000's £000's £000's £000's £000's £000's £000's £000's £000's £000's £000's £000's £000's

1 Adoption 2,351 0 0 2,351 2,351 0 2,209 0 -142 2,209 2,209

2 Attendance 0 2,825 0 2,825 2,825 0 2,622 0 -203 2,622 2,622

3 CAHMS 1,295 6,467 0 7,762 1,219 4,992 1,428 4,500 -1,834 2,994 2,934 5,928

4 CAHMS Placements 0 0 0 0 0 0 0 0 0 0 0

5 Child Health Services 0 5,828 0 5,828 0 5,828 0 5,828 0 5,828 5,828

6

Early Years/Children's Centres 0 8,264 12,801 21,065 21,065 0 20,041 0 -1,024 5,725 14,316 20,041

7 Early Years SEN 0 0 0 0 0 0 0 0 0 0

8 Early Years Specialist Support 0 0 0 0 0 0 0 0 0 0

9 Early Years Social Care 0 0 0 0 0 0 0 0 0 0

10 Education Placements 3,889 0 0 3,889 3,889 0 3,554 0 -335 3,554 3,554

11 Ethnic Minority Attainment 0 3,848 0 3,848 3,848 0 3,848 0 0 3,848 3,848

12 Family Centres 0 1,994 0 1,994 1,994 0 2,273 0 279 2,273 2,273

13 Health Visiting 0 0 3,913 3,913 0 3,913 0 3,913 0 3,913 3,913

14 Home Care 0 734 0 734 734 0 696 0 -38 696 696

15 Inclusion 2,013 0 0 2,013 2,013 0 2,515 0 502 2,515 2,515

16 Leaving Care 0 4,885 0 4,885 4,885 0 4,521 0 -364 4,521 4,521

17 Looked After Children 25,839 0 0 25,839 25,839 0 25,157 0 -682 25,157 25,157

18 NHS Continuing Care 318 0 0 318 0 318 0 318 0 318 318

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Children and Young People's Plan 2012/13 current estimated partnership spend *

Last years figures 2011/12 2012/13 figures

19 Other Children & Family Support 0 5,038 0 5,038 5,038 0 5,692 0 654 5,692 5,692

20 Police in Schools 0 0 578 578 0 0 578 0 578 0 578 578

21 Schools 0 0 253,745 253,745 253,745 0 290,643 0 36,898 10253 280,390 290,643

22 School Nursing 0 0 981 981 0 981 0 981 0 981 981

23 Social Work 0 12,716 0 12,716 12,716 0 12,684 0 -32 12,684 12,684

24 Special Schools 0 24,538 0 24,538 24,538 0 25,944 0 1,406 7875 18,069 25,944

25 Teenage Pregnancy 0 354 0 354 354 0 367 0 13 367 367

26 UHL Children's Hospital 12,085 0 0 12,085 0 12,085 0 12,085 0 12,085 12,085

27 Voluntary Sector Grants 0 0 0 0 0 0 0 0 0 0

28 Youth Offending 0 3,231 0 3,231 3,231 0 3,216 0 -15 3,216 3,216

29 Youth Service 0 0 7,856 7,856 7,856 0 8,451 0 595 8,451 8,451 0 0 0 47,790 80,722 279,874 408,386 378,140 28,117 578 415,861 28,203 35,678 56,707 78,728 308,629 444,064 11.70% 19.77% 68.53% 92.59% 6.88% 0.14% 12.77% 17.73% 69.50%

Notes Service Comments

5 Child Health Services Historic figure from PCT

6 Early Years/Children's Centres Movement reflects reduction in grants now in EIG

6 Early Years/Children's Centres

Targeted figure as agreed by Early Intervention Programme Board

11 Ethnic Minority Attainment Subsumed into Dedicated Schools Grant

12 Family Centres Increase as agreed by Early Intervention Programme Board

21 Schools Increase due to new BSF/PFI schools

29 Youth Service Reduction as a result of 2012-13 savings process

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Finance and Asset Management

Financial Planning

During 2011 the Children and Young Pepople’s Joint Commissioning Group has considered

joint financial planning on two occasions. In July an approach to disclosing total resources

across the following headings was considered;

• Universal Services

• TAC/TAF

• Targeted Early Years

• Family Support Services

• Children with Complex Needs

• Youth Services

• Neither in Education or Employment.

Presenting data in this way will also facilitate achievement of value for money.

Risks

The new financial landscape for children’s services across the partnership has been set with

the creation of the Early Intervention Grant for the arrangement of local authority services

that were funded previously through a large number of grants. In managing the transition

from former levels of expenditure to the new reduced ones there was significant

reorganisation of services which has had some impact on services. In children centres

interim arrangements are in place as we move towards the outsourcing of children centre

services.

Asset management

Over the life of this Plan there will be significant renewal of the existing education stock

(schools) providing opportunities for joint activities for example health and family support

provision.

Capital Spend

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Capital strategies across the CYPSP, including Lewisham College, Building Schools for the

Future, and Health partners, are aligned to ensure maximum impact and co-location of

services where appropriate.

Education capital clienting and places planning

Education capital clienting and places planning includes clienting and input into all education

infrastructure programmes, notably Building Schools for the Future (BSF) and the Primary

Capital Programme (PCP), to ensure they lead to transformed outcomes for children and

young people; and through places planning and delivery, to ensure sufficient school places

of a high quality.

Building Schools for the Future

Achievements in 11/12:

Priorities for 12/13:

• New build Prendergast Vale College Sept 2012

• Refurbish/rebuild and enlarge Prendergast Hilly Fields College Sept 2013

• Rebuild and enlarge Deptford Green School Sept 2012

• Re-model Addey & Stanhope secondary school Sept 2012

• Rebuild Bonus Pastor School Phase 1 September 2012

- Complete Easter 2013

• Build new ASD school Easter 2013

• Develop Trinity as an all age school through conversion of Sept 2013

Ennersdale

• Develop PLFC as an all age school through building a primary Sept 2013

phase on site

• Extend Abbey Manor College 2012/13

• Extend Crossways 2012/13

• Design a new Brent Knoll 2012/13

• Design the rebuild of Sydenham secondary school 2012/13

Primary Capital Programme

The PCP Strategic Partnership Board provides governance for the delivery of major primary

capital programmes. It is chaired by the Executive Director for Regeneration, and Board

members consist of officers, primary head teachers, and primary governors.

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Achievements in 11/12:

• Handover new Brockley (Beecroft Gardens) and Gordonbrock Primary Schools.

• For 2011-12 the Primary Places Programme delivered additional places in Primary

schools:

o places in modular buildings (16 schools)

o places using a traditional build in 4 schools

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Equality Analysis

Assessment Name of proposal Children and Young People’s Plan 2012-15

Lead officer Warwick Tomsett

Date of Equality

Analysis

28 June 2012

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2

1.0 Introduction

This Equality Analysis Assessment is being undertaken to identify whether the

Children and Young People’s Plan 2012-15 will adversely affect Lewisham’s children,

young people and their families and if it will negatively impact upon protected

characteristics1. The assessment will also look at whether the Children and Young

People’s Plan’s has endeavoured to promote the following through its aims and

actions:

I. eliminate unlawful discrimination, harassment, victimisation;

II. advance equality of opportunity; and

III. foster good relations.

The Children and Young People’s Plan sets out the strategic aims for all agencies

working with children and young people across the Lewisham’s Children and Young

People’s Strategic Partnership Board (CYPSPB). Similarly to previous Plans, the

CYPP outlines key priorities under the ‘Every Child Matters’ outcomes2, which have

been identified through a robust needs analysis. The plan outlines key actions for all

agencies working with children, young people and their families with the aim of

improving lives, life chances, opportunities and outcomes, especially for those who

are most vulnerable.

Running alongside the actions within the Plan are the ‘Key Areas of Impact’ which

are underpinned by detailed evidence including an holistic assessment of local needs,

demographics and trends highlighting improvements as well as identifying, where

partnership action is required to make a positive difference to the lives of our children

and young people and to keep them safe from harm. These areas for impact are

approaches and mechanisms the partnership have agreed, need to be in place in

order that we can deliver the actions found in the plan. Please see Appendix 1 for a

full copy of the Children and Young People’s Plan 2012-15.

1 Protected characteristics: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation, marriage and civil partnership (only in respect of eliminating unlawful discrimination) 2 Every Child Matters outcomes: Be Healthy, Stay Safe, Enjoy and Achieve, Make a Positive Contribution and Achieve Economic Well-being

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2.0 General context: Local Demographics

Lewisham is the second largest inner London borough and in 2011 was home to

approx 274,900 people (GLA population estimates) which is set to grow by around

11,000 by 2015. Lewisham has a slightly younger age profile than the rest of the UK.

Children and young people aged 0-19 years make up 24.5% of our residents,

compared to 22.4% for inner London and 23.8% nationally. Births in Lewisham

increased by 34% between 2000/01 and 2009/10 and is set to grow at a similar rate

for the next 5 years. Lewisham has 37,812 pupils within its 89 schools, and 1 new

special school due to open in September 2012.

Whilst 40% of our residents are from black and minority ethnic backgrounds this rises

to 75.5% within our school population, with over 170 different languages being

spoken by our pupils. This is an increase on previous years, in 2006 our BME school

population was at 50% and rose to 72% in 2009.

Deprivation is increasing in Lewisham. The 2010 Index of Multiple Deprivation

ranked Lewisham 31st out of 354 local authorities (LAs) in England compared to a

rank of 39 in 2007. On the specific indicator of income deprivation affecting children,

38 (out of 166) of Lewisham’s super output areas are in the 10% most deprived in the

country. It is estimated that 20,355 children (ages 0 – 18) live in poverty in

Lewisham.

Percentage of children in poverty by LA

mid 2011 estimates

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%

45.0%

Percentage of children in poverty 16.4% 24.2% 29.9% 30.6% 31.3% 31.4% 31.7% 32.7% 33.3% 34.3% 39.2% 42.7%

England 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21%

City of

LondonCroydon Brent

Waltha

m

Forest

Southw

ark

Greenwi

ch

Lewisha

m

Hammer

smith

and

LambethHaringe

yHackney

Islingto

n

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4

One of the distinctive features of Lewisham's social profile is the number of lone

parent families locally. Across England as a whole just 7.2 per cent of all households

are lone parent families. In London the figure is 9.7 per cent and for Inner London it is

11.6 per cent. In Lewisham, 17.8 per cent of all households are lone parent families -

by far the highest rate in London. This has a significant bearing on social and labour

market policy and also on relative income levels locally.

Index of Multiple Deprivation 2010

Income Deprivation Affecting Children

Source: Department for Communities and Local Government (DCLG)

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5

%age of chidren in poverty by Ward

mid 2011 estimates

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

50%

Children in poverty 32% 46% 37% 33% 26% 23% 24% 21% 35% 32% 23% 38% 31% 34% 37% 26% 30% 32%

Lewisham 32% 32% 32% 32% 32% 32% 32% 32% 32% 32% 32% 32% 32% 32% 32% 32% 32% 32%

England 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21% 21%

BrockleyEvelyn New CrossTelegraph HillBlackheathCrofton ParkLadywellLee GreenLewisham CentralRushey GreenCatford SouthDownhamGrove ParkWhitefootBellinghamForest Hi l lPerry ValeSydenham

Area 1 Area 1 Area 1 Area 1 Area 2 Area 2 Area 2 Area 2 Area 2 Area 2 Area 3 Area 3 Area 3 Area 3 Area 4 Area 4 Area 4 Area 4

The health of children in Lewisham is generally similar to the England average, but

does better than average on some indicators.

Infant and child mortality rates are similar to average, and the breastfeeding initiation

level is better than average. However, the level of immunisation against measles,

mumps and rubella (MMR) is lower than the England average.

School children in the borough have higher than average levels of obesity. 14% of

children in Reception and 24% of children in Year 6 are classified as obese. Only

45% of children participate in more than 3 hours of sport a week, less than the

England average.

The teenage conception rate is higher than average but hospital admission rates for

alcohol specific conditions and for injury are lower than the England average.

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New Births

Ward level 2011-12

Q1 Q2 Q3 Q4

New Births New Births New Births New Births

HV - Child Brockley 49 62 65 59

HV - Child Evelyn 70 64 67 58

HV - Child New Cross 66 69 67 81

HV - Child Telegraph 43 50 61 58

HV - Child Blackheath 50 49 48 50

HV - Child Crofton Pk 77 85 90 69

HV - Child Ladywell 65 49 48 48

HV - Child Lee Grn 55 55 60 55

HV - Child Lew Cen 72 73 83 64

HV - Child Rushey Grn 66 78 79 77

HV - Child Catford Sth 55 58 62 62

HV - Child Downham 40 44 43 45

HV - Child Grove Pk 41 56 65 42

HV - Child Whitefoot 44 55 54 53

HV - Child Bellingham 67 66 72 65

HV - Child Forest Hill 46 42 47 49

HV - Child Perry Vale 76 61 71 71

HV - Child Sydenham 59 55 56 58

Lewisham continues to improve its educational attainment and is closing in on the

gap on the national average and statistical neighbours. In 2011, 56% of all pupils

achieved 5 or more GCSEs including Maths and English. This compares to the

national average of 59%.

3.0 What will be different as a result of the plan The Children and Young People’s Plan 2012-15 builds on the work of the previous

Children and Young People’s Plan 2009-12. A comprehensive needs analysis has

been completed as part of this plan and the intelligence from this has resulted in

much of the work areas and priorities remaining the same as the previous plan and

will continue to focus on priority areas for continued improvement. Within these

priority areas, much of the work will remain and there will be no areas of significant

service change.

In addition to the existing areas of priority, there will be workstreams which deliver

significant change. Some of these have resulted from central government policy/

directives, changes in demographics and some due to current financial constraints.

These are highlighted below.

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Increased Births

Births in Lewisham increased by 34% between 2000/01 and 2009/10 with a

corresponding increase in the demand for places in Primary schools. Demand has

exceeded supply since 2009/10 and is forecast to continue at this higher level until at

least the end of this decade. The Local Authority has a statutory duty to ensure the

provision of sufficient places for pupils of statutory age and within financial

constraints, accommodation that is both suitable and in good condition.

It is clear that the borough will need to increase the supply of places to meet demand.

Demand is forecast to fluctuate across the borough and a mixture of permanent

expansions supplemented by temporary classes will be developed to ensure that

demand is met locally as far as possible. The implementation of a successful

primary places strategy will contribute to the delivery of the corporate priority Young

people’s achievement and involvement: raising educational attainment and improving

facilities for young people through partnership working and, at the same time,

contributing to the corporate priority of ensuring efficiency, effectiveness and equity in

the delivery of excellent services to meet the needs of the community.

To date the Borough has coped successfully with the very significant challenge of

providing places for the increasing numbers of children entering Primary education in

the borough despite the severe limitations of its capital budgets. For the 2010/11

academic year 74% of families who applied on time were offered a place at their first

preference school. For 2011/12 the figure is 75%.

The challenge is to ensure we continue to maintain this without adversely impacting

upon the children who will be entering larger or temporary classes and to ensure

those children in reception classes, primary and secondary schools are not

negatively impacted upon through the increase in pupils in terms of play facilities,

space, teacher time, focus and resources such as libraries, sports equipment, and

musical instruments for example. The programme ultimately promotes and provides

equality of opportunity and access to schooling for all Lewisham children. The pupil

places expansion programme continues to conduct comprehensive individual EAAs

for each of the schools it expands to ensure negative impact is limited if not mitigated,

that due consideration has been given to the needs of existing and new pupils

entering the school as well as the communities the schools serve. Consultations with

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8

these key stakeholders have taken place and informed the outcomes of the EAAs.

Please refer to these EAAs for further information.

Targeted services

The Children and Young People’s Plan 2012-15 indicates better targeting of

provision will deliver improved outcomes. In some instances for example, early

intervention through children’s centres, this will be achieved through commissioned

services.

Commissioning of these services have been based on the principle that the primary

purpose is achieving the best outcomes for children, young people and their families.

Use of commissioned providers will provide increasingly targeted services for those

families most in need whilst allowing creative and local solutions and the leveraging

of potential that exists within local communities to sustain and further develop a

network of universal provision.

A separate EAA has been conducted for where there have been changes in service

provision, which outlines the actions being taken to limit the negative impact. Please

note these changes do not negatively impact upon protected characteristics.

Special Educational Needs Pathway

Proposed changes on service provision for children with special educational and/ or

complex needs reflect the challenges and changes needed as highlighted by the

"Support and Aspiration: A new approach to Special Educational Needs" Green

Paper:

Feedback and comments on the current process reports the following:

• Complex systems adding additional challenges and frustrations for

parents and professionals.

• Isolated decision making through siloed assessment and resource

allocation processes.

• Inefficiencies as processes seek to allocate needs to criteria driven by

budgets, often with delays where support from more than one budget is

sought.

• A likelihood of cost-shunting across the system as financial pressures

build.

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• Perceptions of unclear criteria to access services.

A key aim is to improve outcomes by inspiring confidence, providing transparency,

and ensuring our families access support and services at the earliest opportunity

through a single assessment and planning process.

It is intended to improve outcomes for disabled children and those with SEN such as

improved educational achievement, reduced numbers of placements, improved

transition to primary or secondary school, improved transitions to supported or

independent living.

Lewisham’s SEND Pathfinder will initially run from November 2011 through to April

2013, and will:

1. Develop, implement and test a single, integrated assessment process across

health, education and social care for children 0-25 years supported by a single

Family Plan

2. Pilot personal budgets across health, education and social care to support and

underpin delivery of Family Plan

3. Test a new model of support for children, young people and their families/carers

throughout the new process to strengthen family influence over, and confidence

in outcomes

4. Develop improved transition pathways and provision for young people aged 16+

to access education, employment and/or independent living

There are EAAs which have been undertaken as part of this programme and are

available on request and highlight actions to safeguard this vulnerable cohort of

children and young people.

4.0 Consultation responses/ comments/ complaints The plan has been developed in collaboration with all key partners including health,

schools, the police and the voluntary and community sector, as well as children and

young people, parents and carers. This engagement process has continued

throughout the development of the Plan, therefore has shaped the CYPP at every

stage of its progression. The engagement and consultation was further enhanced on

12 June 2012 with a multi-agency stakeholder conference, attended by almost 100

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professionals from across partnership, providing the opportunity to discuss and to

ensure the Plan reflected collective ambition and commitment to work together and

deliver seamless, effective services for our children and young people.

The engagement process with children and young people commenced with ‘takeover

day’ in November 2011 which allowed two young people to come in and critically

review a process, or function, or in this case the CYPP, informing the Children and

Young People’s Directorate what young people would like to see in their Plan. This

was followed by a series of meetings with the Young Citizen’s Panel and the Young

Mayor and Advisors at every stage of the Plan’s development. The feedback from all

of these sessions as with the wider consultation process has heavily influenced the

content and structure of this Plan.

In addition to this engagement, the Children and Young People’s Plan has been

developed through the Children and Young People’s Partnership Board, Joint

Commissioning Group and the Childrens and Young People’s Select Committee. It

has been to each of these on two separate occasions, matching different stages of

the Plan’s development. Comments and amendments from these have been

incorporated into the current draft of the Plan.

5.0 Impact of the Children and Young People’s Plan 2012-15 Although the breadth of the Plan is wide and touches on every Lewisham child and

young person, much of the work is already in place, is being received and in terms of

delivery will not change significantly. As indicated in point 3. a better approach to

targeting need focuses on delivering our services to those children and young people

who are most in need of them and most vulnerable, therefore promoting equality not

hindering it.

The Plan does promote the following through its work:

i. eliminate unlawful discrimination, harassment, victimisation;

ii. advance equality of opportunity; and

iii. foster good relations.

The overall impact of the Children and Young People’s Plan is therefore

positive.

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6.0 Decision

Continue the proposal – The overall aim of the Plan is to enhance the lives and life

chances of every Lewisham child and ensure they have the best opportunities

possible to succeed and achieve. Many of the actions within the Plan aim to improve

current services and further the performance of the Local Authority and its partners in

achieving more for the children and young people it serves.

7.0 Actions

Ensure the actions within existing EAAs are completed and if there are any changes

that impact upon the work contained with the Children and Young People’s Plan

2012-15, that is communicated clearly within the CYPP Reviews.

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COUNCIL

Report Title Constitutional Amendments

Key Decision N/A

Ward All

Contributors Head of Law

Class Part 1

Date 26 September 2012

1. Summary

This report deals with constitutional amendments required to reflect changes to the law brought about by the Localism Act 2011, regulations thereunder and to anticipate the Health and Social Care Act 2012 and following review as required by the Council’s Constitution.

2. Purpose

The purpose of this report is to ensure that the Council’s Constitution remains fit for purpose and compliant with the law.

3. Recommendation

That the Council agree the amended Constitution appearing in Appendix 1 and note the amended Mayoral scheme of delegation contained in it.

4 Background

4.1 On 6th September 2012 the Council’s Constitution Working Party considered two reports. The first considered a raft of changes required mainly to give effect to the Localism Act 2011 and certain regulations under it. This report was headed “Constitutional Update” and now appears at Appendix 2 (but without its appendix).

4.2 On the same day, the CWP considered a late report headed “Local

Authorities Access to Information Regulations 2012”. This report now appears at Appendix 3, again without its appendix. It was written in response to the circulation by CLG of regulations which were laid as recently as mid August in Parliamentary recess and, subject to the negative resolution procedure in Parliament, will come into effect on 10th September this year. There are no transitional provisions.

Agenda Item 9

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4.3 These regulations - the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 - were only circulated by CLG as the report to CWP was being despatched, which is why they were considered separately from the main proposals for amendment to the Constitution by that working party as a matter of urgency. A report on the new Access to Information Regulations and a proposed amended Section G of the Constitution was considered by CWP on 6th September.

4.4 CWP approved the amendments proposed in the report now

appearing at Appendix 2, subject to the inclusion of a new section G as referred to in the report now appearing at Appendix 3. (A proposal to amend the threshold at which the award of a contract would be a key decision was withdrawn and this remains at £200,000)

4.5 The new Constitution which Council is asked to approve now

appearing at Appendix 1, is a composite document reflecting the CWP decision in respect of both reports which were before it on 6th September. Council is asked for its approval to the proposed amended Constitution at Appendix 1.

5 Mayoral Scheme of Delegation

In response to the changes in law referred to in this report, it was also necessary for the Mayor to amend his scheme of delegation to ensure that executive functions were covered. These are contained in the Mayoral Scheme of Delegation now included in the proposed amended constitution, and the Mayor now presents them to Council to note.

6. Members’ allowances

In the course of review of the Constitution, anomalies in respect of the Member Scheme of Allowances were identified and these are dealt with elsewhere on this agenda by way of a separate report. Any changes to the Scheme which result from the decision in relation to that report must also be included in the Constitution at the appropriate place.

7. Legal implications

The legal implications are largely dealt with in the appendices to this report. Members’ attention is drawn to them. Changes to the Constitution are for full Council. The Constitution once amended must be publicly available. It is noteworthy that there are likely to be more changes to the constitutional documents required as more regulations are published in relation to such matters as health scrutiny and health and wellbeing boards. Further reports will be brought forward at the appropriate time to deal with these amendments as they arise.

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It is a requirement that the Council’s constitutional documents cover all the matters required by law and Secretary of State Direction. The Head of Law advises that the amended constitution as proposed fulfils this requirement.

8. Equalities 8.1 The Equality Act 2010 (the Act) brings together all previous equality

legislation in England, Scotland and Wales. The Act includes a new public sector equality duty (the equality duty or the duty), replacing the separate duties relating to race, disability and gender equality. The duty covers the following nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

8.2 In summary, the Council must, in the exercise of its functions, have due

regard to the need to:

• eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.

• advance equality of opportunity between people who share a protected characteristic and those who do not.

• foster good relations between people who share a protected characteristic and those who do not.

8.3 As was the case for the original separate duties, the new duty

continues to be a “have regard duty”, and the weight to be attached to it is a matter for the Mayor, bearing in mind the issues of relevance and proportionality. It is not an absolute requirement to eliminate unlawful discrimination, advance equality of opportunity or foster good relations.

8.4 The Equality and Human Rights Commission (EHRC) issued guides in January 2011 providing an overview of the new equality duty, including the general equality duty, the specific duties and who they apply to. The guides cover what public authorities should do to meet the duty. This includes steps that are legally required, as well as recommended actions. The guides were based on the then draft specific duties so are no longer fully up-to-date, although regard may still be had to them until the revised guides are produced. The guides can be found at: http://www.equalityhumanrights.com/advice-and-guidance/public-sector-duties/new-public-sector-equality-duty-guidance/

8.5 The EHRC guides do not have legal standing, unlike the statutory Code of Practice on the public sector equality duty, which was due to be produced by the EHRC under the Act. However, the Government has now stated that no further statutory codes under the Act will be approved. The EHRC has indicated that it will issue the draft code on the public sector equality duty as a non statutory code following further

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review and consultation but, like the guidance, the non statutory code will not have legal standing.

8.6 Members must be mindful of this duty in considering any proposed amendments to the Constitution.

9. Financial Implications There are no specific implications 10. Crime and Disorder Implications

The amended Constitution contains provisions for the scrutiny of crime and disorder matters.

11. Environmental Implications

The amended Constitution contains provisions for the scrutiny of environmental matters.

12. Background papers None. Contact Kath Nicholson: 020 8314 7648

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ITEM 9 APPENDIX 1

London Borough of

Lewisham

Constitution

September 2012

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Contents

Page Nos. PART I SUMMARY 14 PART II ARTICLES 22

Article 1 Aims and Purposes 23 Article 2 Councillors and Elections 23 Article 3 Citizens and the Council 25 Article 4 The Council 26 Article 5 Chairing the Council 29 Article 6 Overview and Scrutiny 30 Article 7 The Executive 47 Article 8 Conflict Resolution 51 Article 9 Committees 50 Article 10 Local Choice 64 Article 11 Ethics 64 Article 12 Local Assemblies 65 Article 13 Joint arrangements 66 Article 14 Staff 67 Article 15 Delegating decision making 72 Article 16 Principles of decision making Including Key Decisions 73 Article 17 Finance Contract and Legal Matters 77 Article 18 Review of Constitution 78 Article 19 Publication, Interpretation, 78

Suspension PART III LOCAL CHOICE FUNCTIONS 80 PART IV PROCEDURE RULES – STANDING ORDERS 84

A. PURPOSE 84

B. COUNCILLORS 85

1. Term of office 85 2. Entitlement to speak and vote 85 3. Resignation 85

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4. Vacation of office for non-attendance 85 5. Qualifying attendance 85 6. Vacation of office – executive 86 7. Qualifying attendance – executive 86 8. Declaration of vacancy 86 9. Filling of casual vacancy 87 10. Period of office 87 11. Declaration of acceptance of office 87 12. Declaration of interests 87

C COUNCIL PROCEDURE RULES 89

1 Types of meeting 89

2 Annual meeting 89

(1) Where and when (2) Business (3) Notice

3 Ordinary meetings 90 (1) Where and when (2) Business (3) Notice

4 Extraordinary meetings 91 (1) Where and when (2) Business (3) Notice

5 Notice of place of residence or alternative 92 6 Variation in order of business 93

7 Council Urgency committee 93

(1) Business (2) Who -Constitution of committee (3) Quorum (4) Reason for urgency (5) Frequency (6) Reports to full Council (7) Interregnum (8) Substitutes

8 Who presides at Council meetings? 94

9 The Mayor and Deputies at Council 94

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10 Duration of Council meeting. 95

11 Quorum for Council meetings 95

12 Political Group leaders 96

13 Questions by the public at Council 96

meetings

14 Questions by Members at Council 98 meetings

15 Motions 101

16 Rules of Debate 103

17 Right of reply 105

18 Motions which may be moved 105

during debate

19 Closure Motions 106

20 Point of order 107

21 Personal Explanation 107

22 Voting 107

23 Minutes 108

24 Notice of Council meetings 109

25 Urgency 110

26 Record of attendance 110

27 Admission of the Public and Press 110

28 Adjournments 111

29 Disturbance and misconduct 111

30 Vacancies not to invalidate 112 proceedings

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31 Application of rules to committees, 112 sub committees and the executive.

D EXECUTIVE PROCEDURE RULES 113

1 Terms of reference 113 2 Constitution 113

(a) Generally (b) Confirmatory hearings

3 Who may make Executive decisions 114 4 A Mayoral Scheme of Delegation 114

5 Sub-delegation of executive functions 115

6 Council scheme of delegation and 116 executive functions

7 Executive spokespersons 116

8 Assistants 117

9 Conflicts of interest 117

10 Executive meetings – where and when 118

11 Executive meetings – public or private 118

12 Quorum 118

13 How are decisions to be taken by the 119

Executive?

14 Who may attend Executive meetings? 119

15 What business to be conducted at Executive meetings? 119

16 A programme of business 120 17 Publication of decisions 120

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18 Consultation 120

19 Who can put items on the agenda for a 121 meeting of the Executive?

20 No co-optees or substitutions 121

21 Attendance by Executive at Overview 122 and Scrutiny meetings

E OVERVIEW AND SCRUTINY PROCEDURE RULES 123

1 Arrangements for overview and scrutiny 121

2 Constitution and terms of reference 121

3 Who may sit on overview and scrutiny 121 Committees?

4 Co-optees 121

5 Education representatives 124

6 Meetings – where and when 124

7 Quorum 124

8 Who chairs overview and scrutiny 124 Committees?

9 Work programme 125

10 Agenda items 125

11 Handling referrals to overview & scrutiny

Bodies 126 12 Duty of Executive/Council to respond to

overview and scrutiny reports 127

13 Confidential and exempt information in overview and scrutiny reports and responses 128 14. Information from reports concerning partner

Authorities 129

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15. Policy review and development 129

16. Rights of overview and scrutiny committee Members to documents 131

17. Members and officers giving account 131

18. Call-in 132

19. Call-in and urgency 135 20. The party whip 135 21. Procedure at overview and scrutiny 135 meetings 22 Overview & Scrutiny of Crime and Disorder Issues 136 23. Scrutiny of health matters 139

F BUDGET & POLICY FRAMEWORK PROCEDURE RULES 141

1 What is the budget and policy framework 141 2 Who decides budget and policy 141 framework

3 Process for development of budget and 141 policy framework

4 Virement 146

5 Adequacy and application of reserves 146

6 Amending the policy framework 146

7 Decisions contrary to the budget and 146 policy framework

8 Call-in of decisions outside the budget 147 or policy framework 9 Urgent decisions outside the budget 148

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or policy framework

G ACCESS TO INFORMATION PROCEDURE RULES 150

1 Scope 150

2 Additional rights to information 150

3 Right of public to attend meetings 150

4 Notices of meetings 150

5 Access to agenda before meeting 150

6 Supply of copies 151

7 Access to minutes etc. after the meeting 151

8 Background papers 152

9 Summary of public rights 152

10 Exclusion of public from meetings 153

11 Exclusion of access by the public to 153 reports

12 Application of access to information 154 rules to executive

13 Public meetings of the executive 154

14 Procedure prior to public meetings of the 154

executive

15 Reporting at public meetings of the executive 155 16 Procedure prior to private meetings of 156

executive decision making bodies

17 Key Decisions 157 18 General exception - urgency 158

19 Special urgency 158

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20 Overview & Scrutiny rights in relation to the 159

forward plan and urgency decisions

21 Right to attend and speak at meetings of the 159 executive

22 Record of decisions 160

23 Basis for consideration by executive 161

24 decisions by individual members of the 161 officers

25 Executive decisions by individual officers 162 documents

26 Access to documents following executive 163

decisions

27 Inspection of background papers 164 28 Members’ access to documents 164 29 Failure to comply with key decision 166

Requirements 30 Limit on rights 166 31 Confidential information, exempt information 167

and the advice of political assistant or advisor

H EMPLOYMENT PROCEDURE RULES 168

1 Declarations 168 2 Canvassing for appointment 168

3 Statement of duties for Chief Officer 168

Posts

4 Responsibility for appointment, dismissal 169 and disciplinary action below deputy chief officer

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5 Meaning of disciplinary action 169

6 Recruitment and dismissal of Head of 169 Paid Service

7 Recruitment of Head of Paid Service, 169 chief officers and deputy chief officers

8 Dismissal of Head of Paid Service, chief 170

officers and deputy chief officers

9 Membership of committees with 171 responsibility for appointment/

dismissal of Head of Paid Service, chief officers and deputy chief officers

10 Eligibility to sit on appeals committees 172

11 Disciplinary action in relation to the 172

Head of Paid Service, Chief Finance Officer and Monitoring Officer

(1) No disciplinary action without

independent report (2) Suspension (3) Rights of designated independent

person

12 Involvement of Members in disciplinary action 173 below deputy chief officer

13 Political assistants 174 14 Mayor’s assistant 174

I CONTRACT PROCEDURE RULES 175

1 Introduction 175 2 Interests in contracts 175

3 European Procurement Legislation 175

4 Localism Act 2011 176

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5 Estimate of Expenses Involved 176 6 Authority to Procure 176

7 Contract Register 177 8. Category Values 177 9 Procurement Routes 177 10 Method of Inviting Tenders 179 11 Two Stage Procurement Process 180

12 Exemption to Contract Procedure Rules 181 13 Submission of Tenders 181 14 Opening and Acceptance of Tenders 183 15 Late Submissions, Errors, Discrepancies 184 and Alterations

16 Award of contract 184 17 Scrutiny/Standstill Period 186 18 Requirement for contracts to be in 187 writing 19 Variations and Extensions 188 20 Liquidated and Ascertained Damages 189 21 Security and guarantee 189 22 General Rule 189

23 Grant Funded Expenditure 190

24 Maintained Schools where there is no 190 Delegated Budget to the School

J COMMITTEE GENERAL RULES 191

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1 Political balance 191 2 Proceedings 191

3 Sub-committees 191 4 Chairing committees 191

5 Membership of sub-committees 191

6 Discontinuance of sub committees 191

7 Quorum 191

8 Meetings open to all members of 192

the Council

9 Election of Chair and Vice Chair 192

10 Absence of the Chair 192

11 Limitation on chair/Vice Chair and 192 members of Executive

12 Limitation on membership of committees 193

13 Duties of the Chair and Vice Chair of 193

Committees

14 Special meetings 193

15 Joint meetings 194

16 Resignations 194

17 The proper officer 194

K FINANCIAL REGULATIONS 195 PART V ETHICS 211 Standards Committee - Terms of Reference 212

Member Code of Conduct with protocols 214

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• Appendix 1 - Officer & Member relations 224

• Appendix 2 - Protocol on Member Use of IT 231

• Appendix 3 - Protocol on Planning & Lobbying 236

• Appendix 4 - Local Authority Code on Publicity 245

• Appendix 5 – Guidance Code for Members on outside bodies 255

Employee code of conduct 266

Code of Corporate Governance 275

PART VI MEMBERS’ ALLOWANCE SCHEME 282

**To be inserted subject to decision to be made at Council on 26 September 2012 – rest of index will then be renumbered**

PART VII COUNCIL STRUCTURE CHART

PART VIII SCHEMES OF DELEGATION

Council’s Scheme Delegation Mayoral Scheme Delegation Directorate Schemes of Delegation

Appendix 1 – Exempt and Confidential Information Appendix 2 - Petition Scheme

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PART I

SUMMARY

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PART I - SUMMARY This document summarises the Constitution of the London Borough of Lewisham under Section 9P Local Government Act 2000

1 AIMS AND PURPOSES

This constitution aims to

i) lead to effective and efficient Council decision making ii) make it clear to local people who is making decisions on their behalf

iii) give Councillors and local people greater opportunity to engage

directly

iv) set out clearly the arrangements for local political governance

v) separate decision making from scrutiny of those decisions to create greater accountability .

and will be interpreted to give effect to those aims and principles.

2 THE COUNCIL

There are 54 Councillors who are elected to represent areas of the London Borough of Lewisham called wards. The Council also has a Mayor, who is elected by voters across the whole of the borough. Together they make up one body, the Council of the London Borough of Lewisham.

3 COUNCILLORS Councillors are elected for a term of four years. Councillors who are elected to represent local wards must both represent the people of the ward that elected them and act in the interest of the whole area. They are all expected to contribute to the good governance of the area and to encourage community participation. They must respond to their constituents’ enquiries fairly and without prejudice. 4 THE MAYOR

The Mayor is elected to lead the Council. He/she serves for a period of four years. He/she must act in the interests of the borough as a whole. He/she appoints the political Executive (the Executive) and is responsible for taking most of the main decisions, and for giving the power to others to do so.

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5 THE CHAIR OF THE COUNCIL The Council will appoint a Chairman, to be known as the Chair of the Council, who will preside at Council meetings and interpret the Constitution at those meetings.

6 ETHICS

The Council is committed to promoting the highest standards of behaviour amongst its members and staff. To reflect this, it has adopted a Members’ Code of Conduct . The Mayor and all Councillors must comply with it. Similar standards are expected of Council staff who must comply with the Council’s Employee Code of Conduct.

7 ALLOWANCES AND PAY

The Council has adopted a scheme, which sets out the allowances and expenses which it will pay to the Mayor and Councillors. They will be entitled to receive remuneration in accordance with it. The Council has also adopted a pay policy in relation to the remuneration of its employees. It reviews this annually and pays in accordance with it. 8 COUNCIL’S POLITICAL MANAGEMENT STRUCTURE

i) The Council

The Council acts as one corporate body. It holds meetings to which all Councillors and the Mayor are invited. By law, some decisions have to be taken in that forum. The Council is responsible for approving its main policies and budget. More details of the matters which are reserved for Council decision appear in the Constitution. Provisions relating to the types of Council meeting that may be held and the conduct of business at those meetings are set out in the Council’s general procedure rules.

ii) The Mayor

The Mayor makes proposals to the Council about its main policies and budget. Once they are agreed he/she is responsible for putting those policies agreed by the Council into effect. Within that framework, the Mayor is responsible for all decisions which are not the responsibility of the Council or any of its committees by law.

iii) The Executive

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The Mayor appoints an Executive including him/herself and between 2 and 9 other councillors. The Executive is referred to as the Mayor and Cabinet. The Mayor may delegate executive decision making to the Executive.

iv) Overview and scrutiny committees

The Council’s Overview and Scrutiny Committee helps the Executive to develop policies and budget. It also holds the Executive to account by scrutinising their decisions, examining performance and asking questions of those who make decisions and provide services. There will be one overarching Overview and Scrutiny Committee which will appoint at least three standing sub-committees, known as select committees, and a Business Panel to co-ordinate its business and operate call in on its behalf. It will also appoint an Education Business Panel to consider call in in relation to education matters. The Council will ensure that among its overview and scrutiny sub-committees, one will scrutinise health provision and another will scrutinize crime and disorder matters in the borough. The Overview and Scrutiny Committee will appoint at least two other select committees annually, one with the lead on equalities issues, and may appoint joint select committees with other authorities from time to time.

v) Committees

The Council has established other committees to deal for example with planning and highways matters, alcohol and entertainment licensing under the Licensing Act 2003, other licensing functions, elections, health and safety and pension investment. Their remit and composition are set out in the Constitution.

vi) Health and Wellbeing Board From April 2013, the Council will establish a Health and Wellbeing Board

which will produce an analysis and strategy to meet health and social care needs in the Borough. Prior to April 2013, the Council has established a shadow Health and Wellbeing Board. From April 2013, the Health and Wellbeing Board will be a committee of the Council.

vii) Standards Committee

The Council’s Standards Committee has been set up to promote the highest standards of conduct by the Mayor and all members of the Council and to assist and advise on the adoption and application of its Code of Conduct. Details of its composition and remit appear in the Constitution.

viii) Other committees

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The Council is entitled to set up other committees as it considers fit to act in relation to matters which are not the responsibility of the Executive.

ix) Working Parties

The Council may also set up working parties as it considers appropriate to advise it on matters as it sees fit.

9 DELEGATING DECISIONS

Each year at its Annual Meeting, the Council adopts a scheme of delegation which sets out details of those decisions which the Council makes itself, and those which it delegates to committees, including any area committees, individual ward members, its employees, and joint arrangements it has with other authorities. The scheme of delegation also includes a record of those delegations which the Mayor presents to the Annual Meeting of the Council in each year. During the course of the year, the Mayor is entitled to amend the delegations he/she has made, and any such amendments will be incorporated into the scheme of delegation. The Council’s current scheme of delegation appears in the Constitution. It will be reviewed at each Annual Meeting of the Council. Council delegations may be changed at any time by resolution, and incorporated into the Constitution. 10 PRINCIPLES OF DECISION MAKING

Whoever makes a decision on behalf of the Council, including executive decisions, the following principles will apply:-

(a) the decision will be made following an evaluation of options;

(b) the decision maker will take professional advice (including financial and legal advice where the decision may have legal and/or financial consequences);

(c) the decision will be taken following a consideration of all relevant matters and disregarding irrelevancies;

(d) reasons for the decision will be recorded as will details of options considered with reasons for their rejection;

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(e) action taken will be proportionate to the result to be achieved;

(f) respect for human rights will be balanced with the Council’s duty to the wider community;

(g) a presumption in favour of openness, unless there are compelling lawful reasons preventing the consideration of matters in public;

(h) consultation appropriate to the matter under consideration;

(i) clarity of aims and desired outcomes;

(j) the highest standards of ethical conduct, avoiding actual, potential and perceived conflicts of interest.

11 MINIMISING CONFLICT

The Constitution recognises that the separation of the executive from the overview and scrutiny function, and the responsibility of the Council for approval of policy and budget creates opportunities for conflict which, if not managed, could undermine effective decision making. To minimise any potential for tension between these roles, the Council has established processes to resolve conflict between them. They are set out in the Constitution. 12 ACCESS TO COUNCIL MEETINGS AND DOCUMENTS

The Council will draw up and regularly update a forward plan, which sets out key decisions which are likely to be taken over a period of four months. The plan will be available for public inspection and will say how views may be expressed on matters in the plan. When the Executive meets to consider a key decision, then subject to some exceptions such as when confidential matters are under discussion, it will meet in public. Prior to meetings where a key decision is likely to be made, reports about key decisions will be made available to the public unless they relate to confidential matters. There are special provisions which apply when urgent matters arise. 13 FINANCE, CONTRACTS AND LEGAL MATTERS

The Council is subject to an independent audit of all Council accounts and appoints an Audit Panel to advise it on its accounts. The Council carries out its financial affairs in accordance with its Finance Procedure Rules set

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out in the Constitution. Those rules may be amended from time to time as set out in those rules. The Council has adopted a procedure for the award of contracts. This is set out in the Constitution. The Council’s Head of Law is authorised to take, defend, settle or otherwise participate in legal proceedings where he/she considers it appropriate to protect the Council’s interest. 14 GENERAL RULES OF PROCEDURE

The Council has adopted a set of general rules of procedure. They are incorporated into the Constitution and its appendices. Those documents govern the conduct of all Council business. These rules may be changed by Council resolution from time to time and will be operated as flexibly as possible to facilitate free and inclusive debate. They may be augmented by the use of protocols to encourage best practice.

15 STAFF

Under the supervision of the Head of the Paid Service, Council staff are responsible for translating the objectives of the Council into reality. A brief outline of the Council’s current organisational structure appears in the Constitution.

The following Council employees have special statutory responsibilities:- Head of Paid Service (the Chief Executive) – who is responsible for the overall corporate management of the Council

Chief Finance Officer (the Executive Director for Resources and Regeneration) – who is responsible for the proper administration of the Council’s finances and ensuring that expenditure is lawful and prudent Monitoring Officer (the Head of Law) – who is responsible for ensuring that decisions are lawful and there is proper access to Council information Director of Childrens Services (the Executive Director for Children and Young People) – who is responsible for services to children and young people. Director of Adult Services (the Executive Director for Community Services) – who is responsible for the carrying out of adult social services.

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Scrutiny Officer (Head of Corporate Policy & Governance) - who is

responsible for promoting the role of overview and scrutiny and providing support and guidance to members and officers in relation to the Council’s overview and scrutiny functions.

Director of Public Health – with effect from April 2013 the Council will be required to appoint a Director of Public Health who will be responsible for producing an annual report on the health of people in the area

The Council has adopted provisions relating to the recruitment and dismissal of staff and disciplinary matters, which mean that all but the most senior members of staff are appointed by the Chief Executive. Those provisions appear in detail in the Constitution. Council employees will be bound to comply with an Employee Code of Conduct It is attached to the Constitution.

16 PUBLICATION OF CONSTITUTION

Copies of the constitution are available for public inspection at the Town Hall, Catford SE6 4RU. The Mayor and all members of the Council will be given a copy on their first declaration of acceptance of office, and given a copy of any amendments as soon as practicable after they have been agreed. 17 REVIEW OF THE CONSTITUTION The Council will monitor and review the constitution periodically.

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PART II

ARTICLES

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PART II THE ARTICLES OF THE CONSTITUTION OF THE LONDON BOROUGH OF LEWISHAM This document and its appendices make up the constitution of the London Borough of Lewisham (the Council) under Section 9P Local Government Act 2000 and contains a statement of the Council’s executive arrangements for the purposes of Section 29 of that Act. It may be amended from time to time in accordance with the law and the provisions contained in this constitution for so doing.

ARTICLE 1 AIMS AND PURPOSES

This constitution aims to

i) lead to effective and efficient Council decision making ii) make it clear to local people who is making decisions on their

behalf

iii) give Councillors and local people greater opportunity to engage directly

iv) set out clearly the arrangements for local political governance

v) separate decision making from scrutiny of those decisions to create

greater accountability. and will be interpreted to give effect to those aims.

ARTICLE 2 COUNCILLORS AND ELECTIONS

2.1 The Council

There are 54 councillors who are elected to represent areas of the London Borough of Lewisham called wards. The Council also has a Mayor, who is elected by voters across the whole of the borough. Together they make up one body, the Council of the London Borough of Lewisham.

2.2 Eligibility to stand for election as a Councillor

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Only registered voters of the area of the London Borough of Lewisham or those living or working there will be eligible to stand for election as councillor.

2.3 Eligibility to stand for election as Mayor

Only registered voters of the London Borough of Lewisham or those living or working there will be eligible to stand for election as Mayor.

2.4 Timing of elections

The regular election of councillors is held on the first Thursday in May every four years. The term of office for all councillors will start on the fourth day after being elected and will end on the fourth day after the date of the next regular election. The Mayoral election will be held on the same day as the regular election of councillors and the Mayor’s term of office will be four years, beginning and ending as the term of office for all councillors.

2.5 The role of a councillor

Councillors who are elected to represent local wards must both represent the people of the ward which elected them and, when involved in decision making, act in the interest of the whole area. They are all expected to contribute to the good governance of the area and to encourage community participation. They must respond to their constituents’ enquiries fairly. By contrast, the Mayor will not represent a ward, but will represent the whole of the area of the London Borough of Lewisham, in accordance with this Constitution.

2.6 Councillors’ rights and duties

Councillors/the Mayor will have such rights of access to information, documents, land and buildings of the Council as are necessary for the proper discharge of their duties as a councillor/Mayor, and as accord with the law. Councillors, and the Mayor, will at all times observe the Council’s Code of Conduct in force from time to time. The Member Code of Conduct appears at Part V of this Constitution. Councillors, and the Mayor, when making decisions, or taking any action in relation to a Council function, will act in the interests of the area, in

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accordance with the law and having taken and considered proper professional advice. Neither the Mayor nor Councillors will divulge confidential information given to them except in accordance with the law.

2.7 Councillors’ remuneration

Councillors and the Mayor, will be entitled to receive allowances in accordance with the Members’ Allowances Scheme appearing in Part VI of this constitution, which may be amended from time to time in accordance with the law.

ARTICLE 3

CITIZENS AND THE COUNCIL

3.1 Citizens’ rights in relation to Council business

(a) To vote in local elections for their representatives as councillors and Mayor

(b) To be able to find out from the Council’s Forward Plan which key

executive decisions are likely to be taken by the Council and when (c) To have access to information, agendas and papers relating to

Council and Executive meetings and decisions in accordance with the law and this constitution

(d) To attend meetings of the Council and Executive in accordance with

the law and this constitution

(e) To see records of decisions taken by the Council or its Executive and to be given reasons for those decisions, in accordance with the law and the constitution

(f) To examine the Council’s accounts and to make their views known

to the Council’s auditor

3.2 Citizens’ participation in Council decision-making

For example, citizens may respond to consultation through the forward planning process, ask questions at Council Question Time, contribute to investigations by overview and scrutiny panels, participate in their local ward assembly, participate in the Positive Ageing Council and take up one of the many statutory roles, such as becoming a school governor.

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3.3 Citizens’ complaints

Citizens have the right to complain to:- (a) The Council itself under its complaints and whistleblowing schemes (b) The Local Government Ombudsman, after using the Council’s own

complaints scheme

(c) The Monitoring Officer if the complaint relates to an allegation that the Member Code of Conduct has been breached.

3.4 Citizens’ responsibilities

Citizens must not be violent, abusive or threatening to the Mayor, councillors or Council staff, and must not wilfully harm assets, funds or anything owned by the Council, the Mayor, councillors or Council staff.

ARTICLE 4 THE COUNCIL

4.1 Full Council

The Council holds meetings to which all councillors and the Mayor are invited. Such meetings are referred to as full Council.

4.2 Decisions reserved to Council

Some decisions may only be taken by Council. They are:-

(a) the adoption of the following plans and strategies, which will make up the Council’s policy framework:-

Children and Young People’s Plan 1 Sustainable Community Strategy 2

Crime and Disorder Reduction Strategy 3

Youth Justice Plan 4 Local Development Documents 5 Transport Local Implementation Plan 6 Housing Strategy 7

Food Law Enforcement Service Plan 8 Statement of Licensing Policy (alcohol & entertainment)9

Statement of Licensing Policy (Gambling)10

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(b) the agreement of any plan or strategy which requires the approval of a Minister of the Crown or a Secretary of State prior to its submission for such approval, whether the plan or strategy is submitted in draft form or not;

(c) the approval of proposals in connection with the production,

alteration or withdrawal of development plan documents ;

(d) agreeing the Council’s budget - where the term budget includes the budget requirement as set out in the Local Government Finance Act 1992 and the housing revenue account as defined in Part IV Local Government and Housing Act 1989, including all its components such as the budgetary allocation to different services and projects, proposed taxation levels, contingency funds (including any adjustment to contingency funds or reserves) and any plan or strategy for the control of the Council’s borrowing or capital expenditure. Virements will be permitted in accordance with the Council’s procedure rules at Part IV. The setting of virement limits will be for the Council to decide;

(e) adopting the Council’s Constitution and any subsequent changes to

it;

(f) adopting the Council’s Member Code of Conduct and any changes to it;

(g) making and amending the Council’s standing orders;

(h) taking decisions in relation to functions which are the responsibility

of the Executive which are not in accordance with the policy framework or budget agreed by the Council;

(i) taking decisions in respect of functions which are not the

responsibility of the executive and which have not been delegated to committees, sub-committees or officers;

(j) the delegation of functions to committees;

(k) the setting of and any amendments to the terms of reference for

committees, including a standards committee, overview and scrutiny committee and all other committees which the Council lawfully considers necessary for the proper provision of its functions;

(l) making appointments to committees and making any amendments

to their composition;

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(m) the promotion or opposition of a local Bill in Parliament or an Order

under the Transport and Works Act 1992; (n) making, altering and revoking byelaws;

(o) power to make appointments to outside bodies save where that

power lies with the Mayor;

(p) conferring the freedom of the borough; (q) changing the name of the borough;

(r) approval and/or amendment of a scheme and the amounts of

members allowances under prevailing legislation;

(s) authorising applications to the Secretary of State for the transfer of housing land, whether relating to a programme for disposal under Section 135 Leasehold Reform, Housing and Urban Development Act 1993, or consent to disposal under Section 32 or 43 Housing Act 1985;

(t) the appointment (and dismissal) of the Head of Paid Service;

(u) the Statement of Accounts; (v) the delegation under Section 236 Local Government and Public

Involvement in Health Act 2007 of decision-making in relation to non-executive functions to individual ward members;

(w) decisions in relation to a community governance review under

Section 79 Local Government and Public Involvement in Health Act 2007 pertaining to the whole or part of the Council’s area for the purposes of making one or more recommendations (including but not limited to recommendations as to what changes, if any should be made to electoral arrangements);

(x) decisions in relation to any request to the Boundary Commission for

England to consider single member wards made under S57 Local Democracy Economic Development and Construction Act 2009;

(y) Any decision as to whether to hold a referendum (whether in

relation to neighbourhood planning, Council Tax or otherwise) within the borough

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(z) Approval of the Council’s pay policy statement under Section 38 Localism Act 2011;

(aa) such other matters as are reserved to the Council from time to time,

whether by the Constitution or by law,

1 Section 17 Children Act 2004

2. Section 4 Local Government Act 2000

3. Section 6 Crime and Disorder Act 1998

4 Section 40 Crime and Disorder Act 1998

5 Sections 15 and 17 Planning and Compulsory Purchase Act 2004

6 Section 108(3) Transport Act 2000

7 CLG Guidance relating to Housing Strategies

8. Health and Safety at Work Act 1974 and Guidance from Food Standards Agency

9. Section 5 Licensing Act 2003

10. Section 154 Gambling Act 2005

4.3 Council meetings

The Council will hold an Annual General Meeting in March, April or May every year. In the year in which there is an ordinary election of local councillors, the Annual General Meeting will be within 21 days of the retirement of councillors. There will also be a schedule of ordinary Council meetings to conduct programmed business throughout the year. In addition, extra meetings of the Council may be called to deal with issues as they arise. The business to be conducted at these meetings, their format and the way in which they are run may differ according to the nature of the business to be dealt with at the meeting. More detail appears in the Council’s Procedure Rules at Part IV

4.4 Responsibility for functions

The Council will maintain a schedule of delegation, setting out the responsibility for the Council’s functions which are not the responsibility of the Mayor and ensure it is kept up to date.

ARTICLE 5 CHAIRING THE COUNCIL

5.1 The Chair and Vice-Chair of Council

The Council will appoint a Chairman, who will be known as the Chair of Council and a Vice-Chairman, known as the Vice Chair of Council. They

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will be appointed annually at the Council’s Annual General Meeting. Neither may be a member of the Council’s Executive, nor chair the Council’s main Overview and Scrutiny Committee or Business Panels.

5.2 The role of the Chair of Council

The Chair of Council, and in his/her absence the Vice Chair of Council, will have the following roles:- (a) To uphold and promote the purposes of the Constitution of the

Council; (b) To preside over meetings of the Council so that its business can be

carried out efficiently and fairly with regard to the interests of the community and respect for the rights of the Mayor and Councillors;

(c) To promote public involvement in the Council’s activities; (d) To ensure that Council meetings are a forum for the debate of

matters of public concern to the local community and the place at which members of the Council who do not sit on the Executive are able to hold the Executive to account;

(e) To attend such civic and ceremonial functions as the Council

considers appropriate.

ARTICLE 6

OVERVIEW AND SCRUTINY

6.1 One overview and scrutiny committee

The Council will appoint one overview and scrutiny committee consisting of all members of the Council who are not members of the Executive, provided that this composition complies with the political balance requirements of the Local Government and Housing Act 1989. If that is not possible, or if there is not unanimous agreement at the Annual General Meeting to such arrangements in any year, then the Council will decide on the composition of this committee so as to give the widest possible membership to the committee, but excluding members of the Executive.

6.2 The role of the overview and scrutiny committee

The overview and scrutiny committee will be responsible for the overview and scrutiny of functions in accordance with the Local Government Act

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2000 as amended but may not carry out any other functions unless relevant legislation is brought into effect to the contrary. The law requires that the overview and scrutiny committee must have power to recommend that a decision which is the responsibility of the executive which has been made but not implemented be reconsidered by the decision-maker (or to arrange for the full Council to review such a decision). In this Constitution these powers are referred to as ‘call-in’. The operation of call in is dealt with under the heading ‘Conflict Resolution’ at Article 8. The law also requires that, subject to certain exceptions, members of the Council may refer to the overview and scrutiny committee, or an overview and scrutiny select committee, or Business Panel, relevant matters. This is dealt with in Section E of the Council’s procedure rules below.

6.3 Overview and scrutiny arrangements

The overview and scrutiny committee will meet at least once per year to appoint the sub-committees set out in Column 1 of Table 1 below, each of which will have membership as set out in the corresponding entry in Column 2. With the exception of the Business Panels, the following sub committees will be known as select committees. Every member of the overview and scrutiny committee must serve on at least one of its sub-committees.

Table 1.

Column 1 Column 2

Public Accounts Select Committee At least 7 and no more than 11 members of the Council who are not members of the Executive, the number to be determined annually by the Council

Children & Young People Select Committee

At least 7 and no more than 11 members of the Council (to be determined annually by the Council) who are not members of the Executive and 3 parent governor representatives elected in accordance with the Parent Governor Representatives (England) Regulations 2001 and 2 diocesan representatives appointed in

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accordance with Schedule A1 Local Government Act 2000 as amended. Parent and diocesan representatives have full voting rights on this select committee

Healthier Communities Select Committee

At least 7 and not more than 11 members of the Council who are not members of the Executive, the number to be determined annually by the Council

Sustainable Development Select Committee

At least 7 and not more than 11 members of the Council who are not members of the Executive, the number to be determined annually by the Council

Safer Stronger Communities Select Committee

At least 7 and no more than 11 members of the Council who are not members of the Executive,

Housing Select Committee At least 7 and no more than 11 members of the Council who are not members of the Executive

Business Panel Consisting only of the following members of the Council:-

• The chair and vice chair of the overview and scrutiny committee

• the chair of each of the select committees appointed by the overview and scrutiny committee

• 3 or the smallest number higher, of Councillors required to ensure the political composition of the Council is reflected

NB Members of the Council’s Executive may not sit on the Business Panel or any overview and scrutiny body

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Education Business Panel Consisting of those members of the Council appointed to the Business Panel plus:-

• 2 x Diocesan Representatives

• 3 x Parent governor representatives one for primary schools, special schools and secondary schools

6.4 The Local Petition Scheme The Council has an approved scheme for handling petitions. The scheme

provides for anyone who lives, works or studies in the borough to sign or organise a petition. The petition may be submitted to the Council either on paper or by means of e-petition. The scheme sets out the possible responses which are available to the Council.

6.5 The role of the select committees and the Business Panels

In relation to the activities within their remit, the select committees and the Business Panel will all carry out the roles set out in paragraph 6.6 (a) – (f) below. However nothing in this Article allows the select committees to exercise any power of call in on behalf of the Overview and Scrutiny Committee. Nor are the select committees authorised to take any action permitting the Executive to take urgent decisions without call in procedures applying. These exempted functions may be exercised on behalf of the main Overview and Scrutiny Committee only by its Business Panels, (and the Chair of that Panel where the law and the Constitution so provide) or the Education Business Panel whose terms of reference are limited to the exercise of call-in powers on matters relating wholly or partly to any education functions which are the responsibility of the Executive.

6.6 Roles common to select committees and the Business Panel

The following roles are common to all select committees and Business Panel. (a) General functions

• To review and scrutinise decisions made and actions taken in relation to executive and non-executive functions

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• To make reports and recommendations to the Council or the executive, arising out of such review and scrutiny in relation to any executive or non-executive function

• To make reports or recommendations to the Council and/or Executive in relation to matters affecting the area or its residents

• The right to require the attendance of members and officers to answer questions includes a right to require a member to attend to answer questions on up and coming decisions

• To consider matters referred to it in accordance with the Council’s Petition Scheme

(b) Policy development

• To assist the executive in matters of policy development by in depth analysis of strategic policy issues facing the Council for report and/or recommendation to the Executive or Council or committee as appropriate

• To conduct research, community and/or other consultation in the analysis of policy options available to the Council

• To liaise with other public organisations operating in the borough – both national, regional and local, to ensure that the interests of local people are enhanced by collaborative working in policy development wherever possible

(c) Scrutiny

• To scrutinise the decisions made by and the performance of the Executive and other committees and Council officers both in relation to individual decisions made and over time

• To scrutinise previous performance of the Council in relation to its policy objectives/performance targets and/or particular service areas

• To question members of the Executive or appropriate committees and executive directors personally about decisions

• To question members of the Executive or appropriate committees and executive directors in relation to previous performance whether generally in comparison with service plans

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and targets over time or in relation to particular initiatives which have been implemented

• To scrutinise the performance of other public bodies in the borough and to invite them to make reports to and/or address the select committee/Business Panel and local people about their activities and performance

• To question and gather evidence from any person outside the Council (with their consent where the law does not require them to attend).

• To make recommendations to the Executive or appropriate committee and/or Council arising from the outcome of the scrutiny process

(d) Community representation

• To promote and put into effect closer links between overview and scrutiny members and the local community

• To encourage and stimulate an enhanced community representative role for overview and scrutiny members including enhanced methods of consultation with local people

• To liaise with the Council’s ward assemblies and Positive Ageing Council so that the local community might participate in the democratic process and where it considers it appropriate to seek the views of the ward assemblies and Positive Ageing Council on matters that affect or are likely to affect the local areas, including accepting items for the agenda of the appropriate select committee from ward assemblies and the Positive Ageing Council.

• To keep the Council’s local ward assemblies and Positive Ageing Council under review and to make recommendations to the Executive and/or Council as to how participation in the democratic process by local people can be enhanced.

• To receive petitions, deputations and representations from local people and other stakeholders about areas of concern within their overview and scrutiny remit, to refer them to the Executive, appropriate committee or officer for action, with a recommendation or report if the committee considers that necessary

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• To consider any referral within their remit referred to it by a member under the Councillor Call for Action, and if they consider it appropriate to scrutinise decisions and/or actions taken in relation to that matter, and/or make recommendations/report to the Executive (for executive matters) or the Council (non-executive matters)

(e) Finance

• To exercise overall responsibility for finances made available to it for use in the performance of its overview and scrutiny function.

(f) Work programme

• As far as possible to draw up a draft annual work programme in each municipal year for consideration by the overview and scrutiny Business Panel. Once approved by the Business Panel, the relevant select committee will implement the programme during that municipal year. Nothing in this arrangement inhibits the right of every member of a select committee (or the Business Panel) to place an item on the agenda of that select committee (or Business Panel respectively) for discussion.

• The Council and the Executive will also be able to request that the overview and scrutiny select committee research and/or report on matters of concern and the select committee will consider whether the work can be carried out as requested. If it can be accommodated, the select committee will perform it. If the committee has reservations about performing the requested work, it will refer the matter to the Business Panel for decision.

6.6 Select committees – specific terms of reference

In addition to the general terms of reference outlined above, the select committees will have the following specific terms of reference:- Public Accounts Select Committee

• To make reports and recommendations to the Council or the Executive which promote the better custodianship of the Council’s finances and to make recommendations for best financial practice across the authority.

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• To investigate the possibilities for improving the Council’s financial management practice and to make reports and recommendations to Executive or Council as appropriate.

• To encourage the highest standards of financial custodianship where necessary overseeing training activity for all members in this area.

• To consult on and to comment on and make recommendations to the Executive in respect of the actual and proposed contents of the Council’s budget and without limiting the general remit of the committee, to hold the Executive to account for its performance in respect of all budgetary matters.

• To receive reports as appropriate from the Audit Panel in respect of their overview of contract procedure rules and financial regulations

• To make recommendations and reports for consideration by the Executive or Council to improve procurement practice.

• To scrutinise the effectiveness of the Audit Panel Healthier Communities Select Committee

(a) To fulfill all of the Overview and Scrutiny functions in relation to the

provision of service by and performance of health bodies providing services for local people. These functions shall include all powers in relation to health matters given to the Council’s Overview and Scrutiny Committee by any legislation but in particular the Health and Social Care Act 2001, the NHS Act 2006 as amended, the Health and Social Care Act 2012 and regulations made under that legislation, and any other legislation in force from time to time.

(b) T o review and scrutinise the decisions and actions of the Health

and Wellbeing Board and to make reports and recommendations to the Council and/or Mayor and Cabinet.

(c) To review and scrutinise in accordance with regulations made

under Section 244 NHS Act 2006 matters relating to the health service in the area and to make reports and recommendations on such matters in accordance with those regulations

(d) Require the attendance of representatives of relevant health bodies at meetings of the select committee to address it, answer questions and listen to the comments of local people on matters of local concern.

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(e) To fulfill all of the Council’s Overview and Scrutiny functions in

relation to social services provided for those 19 years old or older including but not limited to services provided under the Local Authority Social Services Act 1970, National Assistance Act 1948, Mental Health Act 1983, NHS and Community Care Act 1990, Health Act 1999, Health and Social Care Act 2001, NHS Act 2006, Health and Social Care Act 2012 and any other relevant legislation in place from time to time.

(f) To fulfill all of the Council’s Overview and Scrutiny functions in

relation to the lifelong learning of those 19 years or over (excluding schools and school related services).

(g) To receive referrals from the Healthwatch and consider whether to make any report/recommendation in relation to such referral (unless the referral relates solely to health services for those aged under 19 years of age, in which case the referral from the Healthwatch should be referred to the Children and Young People Select Committee .

(h) Without limiting the remit of this Select Committee, its terms of

reference shall include Overview and Scrutiny functions in relation to:-

• people with learning difficulties

• people with physical disabilities

• mental health services

• the provision of health services by those other than the Council

• provision for elderly people

• the use of Section 75 NHS Act 2006 flexibilities to provide services in partnership with health organisations

• lifelong learning of those aged 19 years or more (excluding schools and school related services)

• Community Education Lewisham

• Libraries

• other matters relating to Health and Adult Care and Lifelong Learning for those aged 19 years or over

(i) Without limiting the remit of the Select Committee, to hold the

Executive to account for its performance in relation to the delivery of Council objectives in the provision of adult services and health and lifelong learning.

NB In the event of there being overlap between the terms of reference

of this select committee and those of the Children and Young

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People Select Committee, the Business Panel shall determine the Select Committee which shall deal with the matter in question.

Children & Young People Select Committee

(a) To fulfil all Overview and Scrutiny functions as they relate to the social care of children and young people up to the age of 19 years including but not limited to the following activities:-

(i) the social services functions of the Council under the Local

Authority Social Services Act 1970, and all functions of the Council under the National Assistance Act 1948, the Mental Health Act 1983, Children Act 1989, the NHS and Community Care Act 1990, and all other relevant legislation in force from time to time

(ii) to invite representatives of other service providers to

children and young people in the area to give account of their performance and to answer questions.

(b) In so far as they relate to the provision of services for those under

the age of 19 years, the exercise of all of the Council’s powers under all relevant Education Acts from time to time in force.

Without limiting the generality of this, this shall include, in particular, schools and school related services.

(c) The exercise of the overview and scrutiny powers of the Council in

so far as they relate to people under 19 years of age in the provision of opportunities for education, training and learning outside the school environment including pre-school services.

(d) In so far as they relate to children and young people under 19 years

of age, to make comments and recommendations to the Executive on the contents and proposed contents of the plans making up the Council’s policy framework.

(e) Without limiting the remit of the Select Committee, its terms of

reference include the following matters:

• Child Protection - covering provision for vulnerable children including children in need and children looked after, placements, foster care and adoption

• Early Years provision

• Special Needs provision

• Schools and related services

• Youth Service,

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• Youth offending and challenging behaviour

• Transitional services for those leaving care

• Other matters relating to children and young people

(f) To receive and consider referrals from the Healthwatch in so far as they relate solely to people under 19 years of age. Otherwise such referrals will be made to the Healthier Communities Select Committee

(g) Without limiting the remit of the Select Committee to hold the

Executive to account for its performance in relation to the delivery of Council objectives in the provision of services to children and young people.

NB In the event of there being overlap between the terms of

reference of this select committee and those of the Healthier Communities Select Committee, the Business Panel shall determine the Select Committee which shall deal with the matter in question.

Safer Stronger Communities Select Committee

(a) To fulfill all overview and scrutiny functions in relation to the discharge by responsible authorities of their crime and disorder function as set out in Sections 19 and 20 Police & Justice Act 2006, as amended from time to time, and all other relevant legislation. This shall include the power:

(i) to review or scrutinise decisions made, or other action taken, in connection with the discharge by responsible authorities of their crime and disorder function,

(ii) to make reports or recommendations to the local authority or the executive with respect to the discharge of those functions; and (iii) to make reports and/or recommendations to the local authority with respect to any matter which is a local crime and disorder matter in relation to a member of the authority. A local crime and disorder matter in relation to a member means a matter concerning crime and disorder (including, in particular, forms of crime and disorder involving anti social behaviour or other behaviour adversely affecting the environment), or the misuse of drugs, alcohol and other substances, which affect all or part of the

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electoral area for which the member is elected or any person who lives or works there.

(b) make proposals to the Executive to promote equality of opportunity

within the borough, including issues of discrimination based on race, ethnic origin, gender, disability, sexuality, age and/or class;

(c) to recommend to the Executive, the Council or an appropriate committee proposals for policy development in relation to equalities issues;

(d) to analyse policy options as necessary to inform the proposals to be made to the Executive or other appropriate committee;

(e) to advise the Executive or other committee on all matters relating to

equality of opportunity both in terms of policy, service provision, employment and/or access to public services;

(f) to enhance and develop existing and innovative consultative and/or

advisory work for equality of opportunity and to consider issues of inequality and discrimination across the borough;

(g) to consider and recommend to the Executive, ways in which

participation by disadvantaged and under-represented sections of the community might be more effectively involved in the democratic processes of local government;

(h) to pilot methods of consultation and involvement and to report back

to the Executive or appropriate committee on their effectiveness with recommendation if appropriate;

(i) to establish links with and liaise with external organisations in the

borough which are concerned with the promotion of equality of opportunity.

Sustainable Development Select Committee

(a) To exercise all the functions and roles of the overview and scrutiny committee in relation to the following matters:

• to examine issues relating to the protection of the environment including ‘green’ issues such as the conservation of natural resources, energy efficiency and conservation and/or the reduction of all types of pollution and make recommendations to the Mayor and Cabinet as appropriate;

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• to comment and consult on and make recommendations to the Mayor and Cabinet in relation to the following:

i. sustainable development, economic development, business

support, employment and training;

ii. the formulation of the Council’s planning policies, (including the preparation of the Council’s Local Development Framework and other local plans for the use and development of land, but excluding planning control and building control functions;

iii. highways, parking, traffic and transport, urban regeneration

and housing;

iv. public health and the environment including waste disposal, environmental health, street and market trading (but not the granting of licences and related matters);

v. public protection, refuse collection and disposal, street

cleaning, consumer protection, cemeteries and crematoria;

vi generally to examine the performance of the Mayor and Cabinet in relation to these matters.

(b) to make proposals to the Executive to promote equality of

opportunity within the borough, including issues of discrimination based on race, ethnic origin, gender, disability, sexuality, age and/or class;

(c) to recommend to the Executive, the Council or an appropriate

committee proposals for policy development in relation to equalities issues;

(d) to analyse policy options as necessary to inform the proposals to be

made to the Executive or other appropriate committee; (e) to advise the Executive or other committee on all matters relating to

equality of opportunity both in terms of policy, service provision, employment and/or access to public services;

(i) to enhance and develop existing and innovative consultative and/or

advisory work for equality of opportunity and to consider issues of inequality and discrimination across the borough;

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(j) to consider and recommend to the Executive, ways in which participation by disadvantaged and under-represented sections of the community might be more effectively involved in the democratic processes of local government;

(k) to pilot methods of consultation and involvement and to report back

to the Executive or appropriate committee on their effectiveness with recommendation if appropriate;

(l) to establish links with and liaise with external organisations in the

borough which are concerned with the promotion of equality of opportunity.

(m) the review and scrutiny of the exercise by risk management

authorities of flood risk management and coastal erosion risk management affecting the area

Housing Select Committee

To fulfill all overview and scrutiny functions in relation to the discharge by the authority of its housing functions. This shall include the power to:-

(a) review and scrutinise decisions made or other action taken in

connection with the discharge of the Council of its housing function (b) make reports or recommendations to the authority and/or Mayor

and Cabinet with respect to the discharge of these functions (c) make recommendations to the authority and/or Mayor and Cabinet

proposals for housing policy (d) to review initiatives put in place by the Council with a view to

achieving the Decent Homes standard, making recommendations and/or report thereon to the Council and/or Mayor and Cabinet

(e) To establish links with housing providers in the borough which are

concerned with the provision of social housing

6.7 Business Panel – specific terms of reference

The overview and scrutiny Business Panel will have the following terms of reference:

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(a) the co-ordination and approval of the work programme of each overview and scrutiny select committee (subject always to the right of a member of an overview and scrutiny committee or select committee to place an item on the agenda) to secure the most effective use of committee time and Council resources and to prevent overlaps;

(b) where a particular issue would fall within the remit of more than one overview and scrutiny select committee, to decide on the allocation of the issue for consideration;

(c) the exercise of all powers in relation to call in on behalf of the

overview and scrutiny committee (except those which are within the terms of reference of the Education Business Panel) including :-

i) within seven working days of notice of decisions being given,

to refer an executive decision made but not yet implemented back to the decision maker for reconsideration in accordance with conflict resolution procedures to be adopted by the Council;

ii) within seven working days of notice of decision being given,

to refer an executive decision made but not implemented to the Council for a decision as to whether to refer it to the decision maker for reconsideration if (on the advice of the monitoring officer or the chief finance officer) the Business Panel is of the view that the decision is contrary to the policy framework, or contrary to or not wholly in accordance with the budget;

(d) consideration of whether it is reasonable to take an executive

decision which is urgent notwithstanding that it is contrary to the policy framework, or contrary to or not wholly in accordance with the budget, will be for the chair of this committee to decide, or in their absence for the Chair of the Council. The Panel will consider a report about such urgent decisions at least once per quarter and refer that report to full Council;

(e) to make comments and recommendations to the Executive on the

contents and proposed contents of the following elements of the policy framework:

• sustainable community strategy

• crime and disorder reduction strategy

• food law enforcement plan

• housing strategy

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• transport local implementation plan

• youth justice plan;

(f) without limiting the general remit of the Business Panel, to hold the Executive to account for performance in the delivery of each of those strategies and plans listed above;

(g) alternatively, the overview and scrutiny Business Panel may

allocate the consultative and developmental role in relation to any of the plans listed above, and the scrutiny of performance against them, to any other overview and scrutiny select committee. If so requested, that select committee will fulfil those roles;

(h) to consider any referral properly made by a Councillor/Councillors

for consideration by overview and scrutiny which relates to the remit or more than one select committee.

(i) on behalf of the overview and scrutiny committee, to be responsible

for overview and scrutiny functions in relation to all activities of the Council where that overview and scrutiny function has not been delegated elsewhere;

(j) to recommend to full Council any changes which it thinks necessary

to the number, terms of reference, composition or membership of the overview and scrutiny committees. Such changes are permitted by the Constitution. Consultation may be necessary if the changes are significant.

6.8 Education Business Panel – specific terms of reference

The terms of reference of the Education Business Panel shall be limited to the exercise of call-in powers in relation to any matter relating wholly or partly to the education functions which are the responsibility of the Executive. For the avoidance of doubt, all other overview and scrutiny functions in relation to education functions shall be the responsibility of the Children & Young People Select Committee.

6.9 Joint overview and scrutiny committees

From time to time, the Council may establish and appoint members to joint overview and scrutiny arrangements including but not limited to a joint overview and scrutiny committee with other Council(s) to carry out overview and scrutiny functions in relation to health bodies under Section 245 NHS Act 2006, Section 123 Local Government and Public Involvement in Health Act 2007 regulations thereunder, amendments

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thereto and/or other relevant legislation The terms of reference of such joint overview and scrutiny committees as are established from time to time will be appended to this Constitution .

6.10 Changes to the overview and scrutiny arrangements

From time to time, the Council may want to make changes to its overview and scrutiny arrangements. For example, it may wish to appoint time limited select committees to examine particular issues in depth, alter the terms of reference of existing select committees or the Business Panel, or change their constitution. Changes to the overview and scrutiny arrangements will not be considered to be a change to the Constitution which would require consultation unless any of the following criteria are met:-

(a) the number of scrutiny select committees in total would fall to

less than four, or rise to more than ten;

(b) the number of places on any select committee would fall to less than five;

(c) the terms of reference and or composition of the Business

Panel(s) would change in a manner other than to effect a change which in the opinion of the Monitoring Officer is minor. Changes in the composition of the Business Panel to reflect changes made under (a) or (b) will not require consultation.

6.11 Membership of the overview and scrutiny committee

Members of the Executive may not be appointed to the overview and scrutiny committee or any of its select committees or the Business Panel or any joint overview and scrutiny committee .

6.12 Proceedings of overview and scrutiny committee

All proceedings of the overview and scrutiny committee, its select committees and the Business Panel(s) will be conducted in accordance with the overview and scrutiny procedure rules appearing at Part IV

6.13 Political balance

The overview and scrutiny committee and its sub-committees must by law comply with the provisions of the Local Government and Housing Act 1989. The Council must ensure that the membership of its overview and scrutiny committees and sub committees reflects the political composition

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of the Council unless the Council agrees unanimously that this is not required – see Procedure Rule J1.

ARTICLE 7 THE EXECUTIVE

7.1 Composition of the Executive

The Executive consists of:-

• a directly elected Mayor; and

• at least two but not more than nine councillors appointed to the Executive by the Mayor

7.2 Executive decisions

(a) Executive decisions are those which by law, or by this Constitution, do not fall to be made by the Council, or any committee, sub committee or officer, by virtue of decision making powers delegated by the Council. Executive decisions fall to be made by the Mayor, or as delegated by the Mayor, in accordance with the law.

(b) The Mayor may make decisions alone, or delegate them to the

Executive as a whole, to a committee of the Executive, to individual members of the Executive or to Council staff. He/she may also delegate decision making powers to area committees, single ward members, joint committees or other local authorities or their executives in accordance with the law.

(c) The Mayor will prepare and keep up to date a schedule of Mayoral

delegations, which will be appended to this Constitution at Part VIII.

7.3 The Mayor – role and function

The Mayor will carry out the following roles:- (a) to be the Council’s principal spokesperson (b) to give overall political direction to the Council (c) to appoint (and dismiss) the Executive (d) to decide on a schedule of delegation of executive functions (e) to chair meetings of the Executive (f) to represent the Council on external bodies that deal with Executive

functions (g) to be the Council's lead member for Children's Services.

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7.4 The Mayor

The Mayor and all councillors make up the Council. The following provisions shall apply to the Mayor. (a) The Mayor shall be entitled to attend any meeting of the full

Council but does not have the right to vote at those meetings. He/she will be entitled to speak and participate in the debate at any meeting of the full Council he/she attends in accordance with the provisions of the Constitution. He/she will also answer questions from councillors and the public at such meetings as set out in the Council’s procedure rules at Part IV

(b) The Mayor is subject to the same rules about qualification and disqualification from office as any councillor;

(c) The Mayor must follow the rules about disclosure of interests and

comply with the Member Code of Conduct in place from time to time;

(d) The Mayor may not be a member of any committee appointed by

the Council, nor speak at such a meeting unless invited to do so. This applies but is not limited to the Standards Committee, an overview and scrutiny committee, select committee, Business Panel or joint overview and scrutiny committee. The Mayor may not vote at those meetings;

(e) if a member of a political group, will not be taken into account

when calculating seat allocations on committees and sub-committees, if they have to reflect the political composition of the Council as a whole in accordance with the provisions of the Local Government and Housing Act 1989;

(f) is subject to the Members’ Allowances Scheme in place from

time to time;

(g) is subject to the same rules relating to casual vacancies as apply to all councillors;

(h) will create a casual vacancy if for any reason the office becomes

vacant, which will be filled in the normal way.

7.5 Mayor – the title

Only the elected Mayor may use the title ‘Mayor’

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7.6 Deputy Mayor (a) Appointment – At the first meeting of the Council after his/her election, the

Mayor will appoint one of the members of the Executive to be the deputy Mayor.

(b) Term of office – the Deputy Mayor will hold office until the end of the

Mayor’s term of office unless he/she resigns as Deputy Mayor, is no longer a member of the Council, is no longer a member of the Executive or is removed from the office of Deputy Mayor by the Mayor. If the office of Deputy Mayor becomes vacant, the Mayor will appoint another person in his/her place.

(c) Absence of Mayor – The Deputy Mayor must act in the place of the Mayor

if the Mayor is unable to discharge his or her duties for any reason, until a new Mayor is elected or the Mayor is again able to act. If the Mayor is unable to act, or the office is vacant at the same time as the Deputy Mayor is unable to act, or the office of Deputy Mayor is vacant, then the Executive must act collectively in the place of the elected Mayor or arrange for a member of the Executive to do so.

However, where the Mayor and Deputy Mayor are unable to act because of suspension from office or because they are unfit to act on health grounds then an interim Mayor will be appointed by the Council and the provisions of Regulation 47 Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 will apply.

(d) Removal from office – The Deputy Mayor holds office until he/she resigns

as deputy Mayor, ceases to be a member of the Council, ceases to be a member of the Executive, the end of the term of the Mayor, or the Mayor decides to remove him/her from office. However before a decision to remove the Deputy Mayor from office will take effect, the Mayor must inform the Council’s Monitoring Officer in writing that he/she has decided to remove the Deputy Mayor from office and the date upon which such removal is to take effect . The notice must also state the identity of the new Deputy Mayor. The change will be effective on the date the Monitoring Officer gives notice to all councillors. The Mayor will report his/her decision to the next meeting of the full Council and at that meeting the Mayor will inform the Council of the identity of the new Deputy Mayor.

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7.7 The Executive – generally (a) Composition – the Mayor may only appoint councillors to the Executive.

There may be no co-optees, formal deputies nor substitution of executive members. Neither may the Chair nor Vice-Chair of Council be appointed to the Executive. Members of the Executive may not be members of an overview and scrutiny committee.

(b) Term of office – Councillors appointed to the Executive by the Mayor,

(unless they resign as a member of the Executive or cease to be a councillor) will hold office until the end of the term of the Mayor except that the Mayor may remove them from office as he/she thinks fit. .

(c) Appointment by the Mayor – Subject to the legal minimum and maximum,

the size and composition of the Executive is a matter solely for the Mayor to decide. He/she may choose to appoint councillors from any political group or those not in any political group. The Executive need not reflect the overall political composition of the Council. The Mayor must report his/her appointments to the Monitoring Officer immediately they are made and to the next meeting of the full Council. The appointment of members to the Executive will only be effective when their appointment is reported to a meeting of the Council.

(d) Removal from the Executive - Every member of the Executive will remain

a member of the Executive until he/she resigns from the Executive, ceases to be a member of the Council, the end of the term of the Mayor, or the Mayor decides to remove him/her from office. However before a decision to remove a member from the Executive will take effect, the Mayor must inform the Council’s Monitoring Officer in writing that he/she has decided to remove the member from office and the date upon which such removal is to take effect. The notice must also state the identity of any newly appointed member of the Executive and if appropriate any amendment to the Mayoral scheme of delegation arising. The change will be effective on the date the Monitoring Officer gives notice of the change to all Members of the Council. The mayor will report his/her decision to the next meeting of the full Council and at that meeting the Mayor must inform the Council of the identity of any new Executive member who will succeed the outgoing member and if appropriate any amendment to the Mayoral scheme of delegation arising

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7.8 Proceedings of the Executive

Proceedings of the Executive will be conducted in accordance with the Executive Procedure Rules appearing at Part IV of this Constitution.

ARTICLE 8 CONFLICT RESOLUTION

This Constitution recognises that the separation of the executive from the overview and scrutiny function, and the responsibility of the Council for approval of the statutory budget and policy framework creates opportunities for conflict which, if not managed, could undermine effective decision making. To minimise any potential for tension between these roles, the Council has established processes to resolve conflict between them. These are set out at Part IV.

ARTICLE 9 COMMITTEES

9.1 The Council will appoint the committees set out in Column 1 of the table

below with the composition set out in Column 2 of that table and the terms of reference listed in Column 3.

Committee Composition Terms of reference

3 planning committees A, B and C having no geographical boundaries

10 members of the Council, including no more than 1 member from each Council ward

All non-executive, (except for those local choice functions reserved to the Executive – see table at Part III) –decisions relating to planning and development control under the Town and Country Planning Act 1990 and all other relevant legislation in force from time to time and in relation to building control under the Building Act 1984, regulations thereunder and all other legislation in force from time to time: This includes by way of example but not limitation:

• Determining applications for planning permission, advertisement consent, listed building and conservation area

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consents, certificates of lawfulness or lawful development, works to trees, hazardous substances and building control approval

• Issuing enforcement notices, stop notices and listed building enforcement notices

• Taking action in relation to unauthorised advertisements

• Issuing notices in relation to untidy land

• Issuing notices and orders in relation to building control

• The exercise of the Council’s powers in relation to listed buildings

• Commenting on draft planning briefs and plans to the development of land prepared by the Executive

• Entering into agreements to regulate the development or use of land

• Carrying out any other regulatory enforcement functions contained with town and country planning or building control legislation in force from time to time

• Creating, diverting and stopping up highways, footpaths and bridleways

• Removal of nuisance deposits on the highway

• all non-executive highways and

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planning functions not reserved to Council by law or this Constitution as set out in the Schedule of relevant statutes in the Scheme of Delegation

• to authorise the Head of Law to take any legal action which may be appropriate which relates to any functions of the committee including the taking or defending of legal proceedings and entering into legal agreements as may be required

Strategic Planning Committee

10 members of the Council who shall be the chairs of each of the other planning committees, five other planning committee members and two members of the Executive

To consider any matter listed within the terms of reference for local planning committees A, B and C, where the Council’s head of planning, or the Council’s head of transport and engineering in relation to highways matters, is of the view that they would be more appropriate for consideration by the strategic planning committee. Without limiting the discretion of the head of planning or the head of transport and engineering in any way, matters may be considered to be more appropriate for the strategic planning committee in the following circumstances:

• where the decision relates to a development/matter of strategic importance which will have a significant impact on the borough, or

• where legal proceedings in relation to the matter are in existence or in contemplation, or

� where three or more members of

the planning committees A, B and C are disqualified in some way

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from participating in the decision � consideration of all matters

relating to neighbourhood planning under the Localism Act 2011 save those specifically reserved to Council, including advising Council on whether any referendum is appropriate under the Act

� To consider any matter that

relates to neighbourhood planning under the Localism Act to the extent it is a non-executive function and not reserved to Council.

Licensing Committee

Ten members of the Council with up to five sub-committees each consisting of three members of the main Committee. Every member of the main Licensing Committee acts as substitute for any member sitting on any Licensing Sub-Committee

1. To oversee the discharge of all licensing functions of the Council as the licensing authority under the provisions of the Licensing Act 2003, and the Gambling Act 2005, except the determination of the Council’s statement of Licensing Policy and the publication of that Statement (pursuant to the Licensing Act 2003), and the determination of the Council’s Statement of Licensing Policy, the publication of that Statement and any Policy not to permit casinos (pursuant to the Gambling Act 2005). 2. To establish four sub-committees and one urgency sub-committee to determine matters pursuant to both the Licensing Act 2003 and the Gambling Act 2005. The Licensing Act 2003 matters are regarding personal licences, premises licenses, club premises certificates, provisional statement, designated premises supervisor, interim authorities temporary event

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notices and objections as consultee, save for such matters as are reserved to the main Committee and any matters which the Head of Business and Regulatory Services considers more appropriate for consideration by the main Licensing Committee where the decision is considered likely to have a significant impact on the borough or area of it or to people in it. The Gambling Act 2005 matters are regarding premises licences, provisional statements, permits and temporary use notices and objections as consulted, save for such matters as are reserved to the main Committee and any matters which the Head of Business and Regulatory Services considers more appropriate for consideration by the main committee. Without limiting the discretion of the Head of Business and Regulatory Services in any way, matters may be more appropriate for the main Licensing Committee where the decision is considered likely to have a significant impact on the borough or area of it or to people in it. 3. To discharge and arrange for the discharge of the functions governed by the Licensing Act 2003 and the Gambling Act 2005 by one or more sub-committees or by officers except where prohibited by either the Licensing Act 2003 or the Gambling Act 2005. 4. To make regulations for the conduct of meetings of the committee and sub-committees in accordance with Section 9(d) of the Licensing Act 2003. 5. To receive and consider

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annual reports, where appropriate, on the needs of the local tourist economy, employment and investment in the area and any other matter directly related t the Licensing Act 2003 functions in the borough. 6. To direct officers to the planning committee, where appropriate, on the situation regarding licensed premises in the area, including the impact of alcohol related crime and disorder.

Licensing (Supplementary) Committee

The members and the Chair and Vice-Chair of the Licensing (Supplementary) Committee shall be identical to those of the Licensing Committee

To exercise all licensing and registration functions (including the setting of fees as appropriate) to the extent they are not the responsibility of the Licensing Committee from time to time.

Pensions Investment Committee

8 members of the Council

To exercise all functions of the Council in relation to local government pensions under Section 7,12 or 24 Superannuation Act 1972 and all other relevant pensions legislation. By way of illustration this includes:

• review with fund managers of the investment performance of the superannuation fund on a quarterly basis

• to examine the portfolio of investments, and its market value, at the end of each quarter for suitability and diversification

• to inform the fund managers of the Council’s policy regarding investment of its superannuation funds, and to

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take advice on the possible effect on performance resulting from implementing the policy

• to review from time to time the appointment of the fund manager

• to determine the overall investment strategy and policies of the fund on professional advice

• responsibility for compliance with the ten Myners principles incorporated in the "CIPFA Pensions Panel Principles for Investment Decision Making" and all other relevant guidance in relation to the Local Government Pension Scheme in force and issued by CIPFA from time to time.

Health and Safety Committee

6 members of the Council

The discharge of functions under relevant statutory provisions within the meaning of Part I of the Health and Safety at Work Act 1974 to the extent that they are discharged other than in the Council’s capacity as employer

Elections Committee

6 members of the Council no more than one half of whom may also be members of the Executive

To exercise certain powers in relation to the holding of elections and the maintenance of the electoral register comprising:

• the appointment of an electoral registration officer

• the assignment of officers in relation to requisitions of the registration officer

• the appointment of a returning officer for local government elections

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• the provision of assistance at European Parliamentary elections

• the division of constituencies into polling districts

• the division of electoral divisions into polling districts at local elections

• the submission of proposals to the Secretary of State for an order under section 10 Representation of the People Act 2000 for a pilot scheme for local elections

• power to make submissions to the Local Government Commission in relation to the boundaries of the borough or ward boundaries

• the appointment of a proper officer for the purposes of giving various notices in relation to elections and referendums (e.g. in relation to the verification number for petitions for a referendum under LGA 2000)

• to conduct reviews of the conduct of elections in the borough

Appointments Committee

The Chair of Overview & Scrutiny, and two such executive members as the Mayor, as Leader of the largest political group, may nominate on a meeting by meeting basis, and two or the smallest higher number of non-executive members required to ensure that the political composition of the Council is reflected. In the event of any member informing the

• The recruitment and selection of chief officers and deputy chief officers (excluding the head of the paid service) in accordance with regulations relating to such appointments in force from time to time.

• To assist the Council in the appointment of the head of paid service as the Council shall request from time to time, save that this appointment is by law a decision for the full Council.

• To include the terms and conditions of employment of the Head of Paid Service as well as monitoring of performance targets

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proper officer in writing that they are unable to attend a meeting of the Appointments Committee, then the Council appoints such person as the Leader of the relevant political group shall nominate as substitute in writing to the proper officer to be a member of the Appointments Committee for the purpose of that meeting only.

for the Head of Paid Service by the Mayor

NB though he/she may not be a

member of nor vote at any meeting of the Appointments Committee, the Mayor shall be invited to attend all meetings of the Appointments Committee and shall be entitled to contribute to discussion in that forum, should he do so.

Standards Committee

10 councillors, not more than one of whom may be a member of the executive and 6 co-optees

The terms of reference appear at Appendix 5

9.2 The Council will also appoint an advisory working party as set out in the

first column of the table below with the composition set out in the second column and the terms of reference set out in the third column

Working Party Composition Terms of reference

Constitution Working Party

• One representative of each political group and six or the smallest number higher, of councillors required to ensure the political composition of the Council is reflected.

To advise the Council on the operation of its executive arrangements under the Local Government Act 2000 as amended, and make proposals to the Council for any changes to the Council’s Constitution it considers necessary

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9.3 The Council will also appoint an advisory Audit Panel as set out in the first column of the table below with the composition set out in the second column and the terms of reference set out in the third column

Audit Panel Composition Terms of Reference

Audit Panel Consisting of 6 non executive Councillors, one of whom shall serve as chair and up to 4 independent members

(a) To receive, review and

where appropriate advise and make recommendations to the Council on the following matters:

• The review and approval of

the Council’s Internal Audit’s strategy, plans and resources.

• Internal Audit progress

reports on a quarterly basis summarizing the audit reports issued and performance of the Internal Audit function.

• The annual report of the

Council’s Head of Internal Audit and Inspection Agencies

• Reports from Internal Audit

on the implementation of agreed recommendations where management have failed to undertake the necessary actions within the planned audit time frame.

• The external auditor’s

Annual Plan, relevant reports, and reports to those charged with governance.

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• External inspection reports and specific reports as agreed with the external auditor

• The monitoring of the

effectiveness of the Council’s risk management arrangements, the control environment and associated anti-fraud and anti-corruption arrangements.

• An overview of the

Council’s Constitution in respect of audit procedure rules, contract procedure

rules, and financial

regulations. • The Council’s assurance

arrangements including the Statement of Internal Control.

• The Council’s Annual

Statement of Accounts, to consider whether appropriate accounting policies have been followed and whether there are any concerns arising from the financial statements or from the audit that need to be brought to the attention of the Executive.

• The external auditor’s

opinion and reports to members, and monitoring of management action in response to issues raised by external audit.

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9.4 The Council will also appoint a shadow Health and Wellbeing Board in anticipation of the legal requirement formally to appoint a Health and Wellbeing Board with effect from April 2013. The membership and terms of reference of the Shadow Health and Wellbeing Board are set out below.

Body Composition Terms of Reference

Shadow Health and Wellbeing Board

The Mayor; Executive member with responsibility for Adult Services; Executive Director Community Services; Executive Director for Children and Young People; Head of Joint Commissioning, Adult Services; Head of Commissioning, Strategy and Performance, CYP; Non-executive member NHS, South East London; Managing Director, Lewisham BSU; 1 member Lewisham Primary Care Federation; 1 member Local Commissioning Committee; 1 member Local Medical Committee; LBL/NHS Joint Director of Public Health Chair, Lewisham Healthcare Trust; Chief Executive,

To assist and advise the Council to make all necessary preparations for the carrying out of statutory functions of the Health and Wellbeing Board under the Health and Social Care Act 2012, as amended from time to time, regulations thereunder and all other relevant statutory provision. Activities of the Health and Wellbeing Board are anticipated to include, but not be limited to, the following:-

• To encourage persons who arrange for the provision of any health or social services in the area to work in an integrated manner, for the purpose of advancing the health and wellbeing of the area

• To provide such advice, assistance or other support as it thinks appropriate for the purpose of encouraging the making of arrangements under Section 75 NHS Act 2006 in connection with the provision of such services

• To encourage persons who arrange for the provision of health related services in its area to work closely with the Health and Wellbeing Board

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Lewisham Healthcare Trust; SLAM Foundation Trust Service Director; 2 representatives of the voluntary sector.

• To prepare joint strategic needs assessments (as set out in Section 116 Local Government Public Involvement in Health Act 2007), in respect of which the Council and each partner clinical commissioning group will prepare a strategy for meeting the needs included in the assessment by the exercise of the functions of the Council, the NHS Commissioning Board or the clinical commissioning groups

• To give its opinion to the Council on whether the Council is discharging its duty to have regard to any joint strategic needs assessment and any joint health and wellbeing strategy prepared in the exercise of its functions

• To exercise any Council function which the Council delegates to the Health and Wellbeing Board, save that it may not exercise the Council’s functions under Section 244 NHS Act 2006 (statutory consultee in relation to substantial variations in service etc)

The Council will formally consider the terms of reference and constitution of the formal Health and Wellbeing Board at its Annual General Meeting for the municipal year 2013/14. 9.5 General provisions applying to committees

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General rules apply to committees as contained in Part J – Committee General Rules attached to this Constitution. Those rules shall also apply to the meetings of the Constitution Working Party. Regulations exempting the Health and Wellbeing Board from some general provisions applying to committees are anticipated, and will apply to the specific circumstances of that body.

ARTICLE 10 LOCAL CHOICE

The law provides that in respect of certain functions, the Council may decide whether decisions are to be the responsibility of the Council or the Executive. These functions are referred to as “local choice functions” in this Constitution and are listed in Part III. The Council’s choice is recorded in the table appearing there. This choice may be amended from time to time by full resolution of the Council in which case the table will be amended accordingly.

ARTICLE 11 ETHICS

11.1 Member Code of Conduct

The Council is committed to promoting the highest standards of behaviour by its members, both elected and co-opted. To reflect this, it has adopted a Members’ Code of Conduct which appears at Part V.- Ethics. The Mayor and every Council member must comply with it and any Member Code of Conduct in place from time to time.

11.2 Employee Code of Conduct

Similar standards are expected of Council staff. The Council requires behaviour of the highest calibre and employees are required to adhere to an Employee Code of Conduct which appears at Part V - Ethics.

11.3 A Standards Committee

The Council has and will maintain a Standards Committee consisting of 10 councillors and 6 independent co-opted members,. Not more than one member of the Executive may sit on the Council’s Standards Committee. All elected members of the committee are entitled to vote, but co-opted members are not so entitled. Its terms of reference appear at Appendix 5 above. The Standards Committee may appoint one or more sub-committees to carry out any of its functions in accordance with the law.

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ARTICLE 12

LOCAL ASSEMBLIES & POSITIVE AGEING COUNCIL

The Council has established a consultative network of eighteen local assemblies listed below. Though they are not decision making bodies, the local assemblies are an important consultative mechanism and provide a conduit to the Council and other public service providers through which the local community can prioritise local issues and advise the Council, including on the determination of the Locality Fund. The Rules of Procedure at Part IV demonstrate how the views of the assemblies will be brought to the attention of the Council and the Executive.

Local Assemblies

Bellingham Blackheath Brockley Catford South Crofton Park Downham Evelyn Forest Hill Grove Park Ladywell Lee Green Lewisham Central New Cross Perry Vale Rushey Green Sydenham Telegraph Hill Whitefoot This Council has also established the Positive Ageing Council which gives residents over 60 years of age a forum in the Council structure for discussing issues relating to later life. Though it is not a decision making body, the Positive Ageing Council is an important mechanism and provides a conduit to the Council and other public service providers through which older people can identify and prioritise issues. The Rules of Procedure at Part IV demonstrate how the views of the Positive Ageing Council will be brought to the attention of Council and the Executive.

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ARTICLE 13 JOINT ARRANGEMENTS

13.1 Promoting wellbeing

In order to promote the economic, social or environmental well-being of its area, the Council (or its Executive in relation to executive functions) may:-

(a) enter into arrangements or agreements with any body;

(b) co-operate with or facilitate or co-ordinate the activities of any

person or body; and (c) exercise on behalf of that person or body any functions of that

person or body,

in accordance with the law and the terms of this Constitution. 13.2 Joint arrangements

(a) The council may establish joint arrangements with one or more local authorities to exercise functions which are non-executive functions.

(b) The council may arrange for the discharge of non-executive

functions by another authority or the executive of another authority. (c) The Mayor may establish joint arrangements with one or more

authorities or their executives to exercise executive functions.

(d) The Mayor may arrange for the discharge of executive functions by another authority or the executive of another authority.

(e) All joint arrangements or decisions relating to the exercise of

functions by one authority on behalf of another will be taken in accordance with the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 or other relevant legislation in force from time to time.

13.3 Access to information

The access to information rules in Part IV of this Constitution apply to joint arrangements.

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13.4 Contracting out

The Council may contract out functions which are not executive functions, and the Executive may contract out executive functions to another body or organisation, if those functions may be exercised by an officer and are subject to an order under Section 70 Deregulation and Contracting Out Act 1994 or there is specific statutory provision allowing the Council to do so. The Council, or the Executive as the case may be, may also approve contracting arrangements where the contractor acts as the Council’s agent under usual contacting principles, provided there is no delegation of the Council’s discretionary decision making.

ARTICLE 14 STAFF

14.1 General

The Council will employ such employees as it considers necessary to carry out its functions.

14.2 Structure

The Head of Paid Service will determine and publicise the overall departmental structure of the Council showing the management structure and deployment of staff. This is set out as Part VII of this Constitution, and may be amended from time to time.

14.3 Statutory officers The Council will designate the following posts as shown

Post Designation

Chief Executive Head of Paid Service S4 Local Government and Housing Act 1989

Head of Law Monitoring Officer S5 Local Government and Housing Act 1989

Executive Director for Resources and Regeneration

Chief Finance Officer S114 Local Government Finance Act 1988

Executive Director for Children and Young People

Director of Children’s Services S18 Children Act 2004

Executive Director for Community Services

Director of Adult Social Services S6 Local Authorities Social Services Act 1970 as amended

Head of Corporate Policy & Governance

Scrutiny Officer 9FB Local Government Act 2000 as amended

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From April 2013, the Council will also appoint a Director of Public Health as required by Section 30 Health and Social Care Act 2012. These postholders will have the functions described below. 14.4 Functions of the Head of Paid Service

The Head of Paid Service will have responsibility for:-

(a) Overall corporate management– and operational responsibility (including overall responsibility for all staff);

(b) Professional advice – the provision of professional advice to all

parties in the decision making process

(c) Representing the authority- on partnership and external bodies as required by law or the Council

(d) Records – together with the Monitoring Officer, responsibility for

appropriate record keeping for all Council decisions.

(e) Report to Council – the Head of Paid Service will report to Council annually on the co-ordination of the discharge of the Council’s functions, the number and grade of officers required for the discharge of functions and the organisation of officers.

(f) Political restriction – The Head of Paid Service will consider any applications for exemption from political restriction and make decisions as to whether to grant such exemptions

14.5 Functions of the Monitoring Officer

(a) Maintaining the constitution- The Monitoring Officer will maintain an up to date version of the Constitution and will ensure that it is widely available for consultation by members, staff and public.

(b) Ensuring lawfulness and fairness in decision making – After

consulting with the Head of Paid Service and the Chief Finance Officer, the Monitoring Officer will report to the full Council (or the Executive in respect of an executive function) if he or she considers that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to mal-administration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

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(c) Supporting the Standards Committee – The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the Standards Committee.

(d) Conducting investigations- The Monitoring Officer will conduct

investigations into complaints of breach of the Member Code of Conduct as appropriate and where appropriate refer any reports or recommendations for action in respect of the complaint to the independent person appointed by the Council and the Standards Committee

(e) Proper officer for access to information – The Monitoring Officer will

ensure that decisions, including executive decisions, together with the reasons for those decisions and relevant officer reports and background papers are made publicly available as soon as possible.

(f) Advising whether executive decisions are within the policy

framework and budget - The Monitoring Officer will advise whether decisions of the executive are in accordance with the policy framework and budget

(g) Providing advice – the Monitoring Officer will provide advice on the

scope of powers and authority to take decisions, maladministration, financial impropriety, probity and legal and vires issues in relation to budget and policy framework issues to all councillors including the Mayor.

(h) Restrictions on functions -The Monitoring Officer may not also be

the Chief Finance Officer.

14.6 Functions of the Chief Finance Officer

(a) Ensuring lawfulness and financial prudence of decision making –After consulting with the Head of Paid Service and the Monitoring Officer to report to the full Council, or to the Executive in respect of executive functions, and the Council’s external auditor, if he/she considers that any proposal decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency, or if the Council is about to enter an item of account unlawfully.

(b) Administration of the Council’s financial affairs – The Chief Finance

Officer will have responsibility for the administration of the financial affairs of the Council.

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(c) Providing advice – The Chief Finance Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial propriety, probity and budget and policy framework issues to all Councillors including the Mayor and will support and advise Councillors and officers in their respective roles.

(d) Give financial information- The Chief Finance Officer will provide

appropriate financial information to the media, members of the public and the community.

(e) Restrictions on functions – The Chief Finance Officer may not also

be the Monitoring Officer but may hold the office of Head of Paid Service.

14.7 Duty to provide sufficient resources to the Head of Paid Service,

Monitoring Officer and Chief Finance Officer

The Council will provide the Head of Paid Service, the Monitoring Officer and the Chief Finance Officer with such officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed.

14.8 Duties of the Executive Director for Children and Young People The Executive Director for Children and Young People is responsible for

all of the functions of Director of Children’s Services set out in Section 18 Children Act 2004 and any regulations made under it. This includes, but is not limited to, the functions of the local education authority (excluding further and higher education), children’s social services, functions relating to those leaving care, health care services exercised by the Council under S75 NHS Act 2006 and interagency co-operation.

The Executive Director for Children and Young People is under a duty,

among other things, to promote co-operation between the Council and its partners to promote the wellbeing of children, to ensure that the authority’s functions are discharged with regard to the need to safeguard and promote the wellbeing of children. The wellbeing of children may be promoted by using direct services, co-ordinating voluntary and other agencies, or under contract

14.9 Duties of the Executive Director for Community Services The Director of Adult Social Services shall have responsibility for all social

services functions under the Local Authority Social Services Act 1970, save those which relate to Children’s Services under S18 Children Act

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2004 and which are the responsibility of the Executive Director for Children and Young People.

14.10 Duties of the Director of Public Health The Director of Public Health from April 2013 will have responsibility for

implementation of the health improvement and public health duties of the Council conferred by the Health and Social Care Act 2012 including the production of an annual report.

14.11 Duties of Scrutiny Officer The Scrutiny Officer is responsible for all of the functions in Section 9FB

Local Government Act 2000 as amended. This includes:-

• promoting the role of the Council’s overview and scrutiny committee(s)

• providing support to the overview and scrutiny committee(s) and their members

• providing support and guidance to members of the Council, Mayor and Cabinet and Council officers in relation to the functions of the Council’s overview and scrutiny committee(s).

The Scrutiny Officer may not be the Head of Paid Service, Monitoring Officer or Chief Finance Officer.

14.12 Conduct

Council staff are required to comply with any Employee Code of Conduct and accompanying protocols appearing at Part V of this Constitution – Ethics, as well as other protocols relating to conduct introduced by the Council from time to time.

14.13 Employment

The recruitment, selection and dismissal of officers will comply with the Employment Rules set out in Part IV of this Constitution.

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ARTICLE 15

DELEGATING DECISION MAKING

15.1 Council delegations

Each year at its Annual Meeting the Council adopts a scheme of delegation which sets out details of those decisions which the Council makes itself, and those which it delegates to committees, including area committees, individual ward members and its employees, as well as joint arrangements it has with other authorities. Council delegations may be changed at any time by resolution, and incorporated into this Constitution. Decisions relating to non-executive functions which do not fall within the remit of a specific committee appointed by the Council, and which do not by law require a decision by full Council, are delegated to the Chief Executive or such person as he/she shall nominate unless the Council determines to the contrary.

15.2 Mayoral delegations The Mayor presents to each Annual Meeting of the Council a scheme of delegation in relation to executive functions. Once reported to the Annual Meeting it becomes effective. During the course of the year, the Mayor is entitled to amend the delegations he/she has made. Amendments will become effective once they have been notified to the Monitoring Officer by the Mayor and notice of the amendment has been given to all members of the Council. Any such amendments will be incorporated into the Mayoral scheme of delegation and reported to full council.

15.3 A scheme of delegation

The Council’s and the Mayoral current scheme of delegation appear at Part VIII of this Constitution. They will be reviewed at each Annual Meeting of the Council and may be amended from time to time. The record of delegations will be kept up to date at all times.

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ARTICLE 16 PRINCIPLES OF DECISION MAKING

16.1 Principles of decision making

Whoever makes a decision on behalf of the Council, including executive decisions, the following principles will apply:- (a) the decision will be made following an evaluation of options. (b) the decision maker will take professional advice (including financial

and legal advice where the decision may have legal and/or financial consequences)

(c) the decision will be taken following a consideration of all relevant

matters and disregarding irrelevancies (d) reasons for the decision will be recorded as will details of options

considered with reasons for their rejection (e) action taken will be proportionate to the result to be achieved

(f) respect for human rights will be balanced with the Council’s duty to

the wider community (g) a presumption in favour of openness, unless there are compelling

lawful reasons preventing the consideration of matters in public (h) consultation appropriate to the matter under consideration (i) clarity of aims and desired outcomes (j) the highest standards of ethical conduct, avoiding actual, potential

and perceived conflicts of interest. 16.2 Key decisions

The following executive decisions will be key decisions:-

(a) Decisions which will involve expenditure or savings of £500,000 or more (save treasury management transactions taken in accordance with the Council’s Treasury Management Strategy as approved by the Council)

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(b) Any decision having an impact in two or more wards, whether the impact is direct (e.g. where the decision relates to a road which crosses a ward boundary) or indirect (e.g. where the decision relates to the provision or withdrawal of a service which is or would be used by people from two or more wards

Decisions will still be deemed to affect more than one ward even if

one or more of the wards affected is outside the borough. (c) The Council will also define all executive decisions which relate to

matters within the categories listed below as key decisions whatever their financial impact, and irrespective of the number of wards affected by them:-

(i) Consideration of any report prepared by an external

organisation (e.g. OFSTED) into the performance of the Council whether in general or in relation to a particular case, including the Council’s response to it.

(ii) the closure or significant change in the character of a

school or other educational facility.

(iii) consideration of any report relating to the possibility of the withdrawal of delegation of budget from a school

(iv) the giving of any statutory notice to a school or other

educational establishment

(v) directions relating to the use and occupation of school premises

(vi) decisions relating to schools admission policy and

standard numbers for schools

(vii) the making of instruments of governance for schools

(viii) policies relating to special needs, attendance and exclusion, awards, charging and remission

(ix) the Council’s scheme for the financing of maintained

schools

(x) closure of, or significant reduction in provision of, any Council service

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(xi) where the decision is one which will involve a significant change in the manner of Council service provision,

(xii) the fixing of fees and charges for Council services

(xiii) granting or withdrawing financial support to any

voluntary sector organisation in excess of £10,000 (excluding financial support to any organisation which is funded by government initiatives e.g. European Funding)

(xiv) writing off any bad debt in excess of £50,000, unless

the Council has within the last 3 years already written off debts for the person/organisation concerned totalling that amount in which case any further write off would be a key decision

(xv) the disposal of any Council property for less than best

consideration

(xvi) the disposal of any interest in Council property with a value of £500,000 or more

(xvii) the taking by the Council of an interest in land worth

£500,000 or more

(xviii) the granting of any interest in land where the interest is valued at £500,000 or more

(xix) the exercise of the Council’s compulsory purchase

powers

(xx) applications for funding from any external body which if successful would also require Council match funding of £500,000 or more, or entail a revenue commitment of at least £500,000 in total by the Council

(xxi) consideration of any matter which is to be the subject

of a recommendation to full Council

(xxii) consideration of any matter in which, to the decision-maker’s knowledge, the decision-maker (or any member of a committee or sub committee making the decision) has an interest which ought to be declared. An interest includes a family member, friend,

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employer, or organisation with which the member is associated

(xxiii) the award of a contract with a total value of £200,000

or more

(xxiv) where at least 5 members of the Council request that it be treated as a key decision, provided that in the opinion of the Monitoring Officer, they do so at least 6 weeks before a decision is likely to be taken

(xxv) where there is evidence of significant local opposition

to proposals made by the Council

(xxvi) where the Chair of Council on advice from the Head of Paid Service and/or Monitoring Officer and/or Chief Finance Officer is of the view that the matter is one which ought properly to be treated as a key decision, and informs the proper officer to that effect at least 6 weeks before the decision is in the opinion of the Monitoring Officer likely to be taken

(d) A decision maker may only make a key decision in accordance with the

requirements of the Executive Procedure Rules set out in Part IV of this Constitution

16.3 Rules relating to decision making

In Part IV of this Constitution are rules relating to the way in which the Council, the Executive, Council committees, sub-committees and overview and scrutiny committees and individual members to whom decision making power is delegated, will make decisions. Those rules will be followed by the parts of the Council to which they refer.

16.4 Acting as a tribunal

When the Council, the Executive, a committee, sub-committee or officer acts as a tribunal, or in a quasi judicial capacity, or determines/considers the civil rights and/or obligations or criminal responsibility of any person, they will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights in so far as it affects local authorities.

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ARTICLE 17 FINANCE, CONTRACT AND LEGAL MATTERS

17.1 Financial management

The management of the Council’s financial affairs will be conducted in accordance with the financial rules set out in Part IV of this Constitution.

17.2 Contracts

Every contract made by the Council will comply with the Contract Procedure Rules set out in Part IV of this Constitution. Any contract entered into on behalf of the Council in the course of the discharge of an executive function must be in writing. Such contracts must be:

• signed by an Executive Director if the value is £100,000 or less

• signed by an Executive Director and at least one other officer if the value is between £100,000 and £200,000 or

• for contracts with a value of £200,000 or more executed under the common seal of the Council and attested by the Head of Law or such person as he/she nominates.

The Common Seal of the Council will be kept in a safe place by the Head of Law. A decision by the Council or any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The Common Seal will be affixed to those documents which in the opinion of the Head of Law ought to be sealed.

17.3 Legal proceedings

The Head of Law is authorised to institute, defend of participate in any legal proceedings in any case where such action is necessary to give effect to the decisions of the Council, or in any case where the Head of Law considers that such action is necessary to protect the Council’s interest, and where appropriate, to settle such proceedings, or threatened proceedings.

17.4 Authentication of documents

Where any document is necessary for any legal procedure or proceedings on behalf of the Council, the Head of Law is authorised to sign it, or to authorise another officer to sign it, unless any law requires otherwise, or the Council has specifically authorised another employee to sign it.

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ARTICLE 18

REVIEW OF THE CONSTITUTION 18.1 Review by monitoring officer

As often as he/she considers appropriate, but at least once in every two years, the Monitoring Officer will review the operation of the Constitution to identify its strengths and weaknesses. The Monitoring Officer will then make recommendations to the full Council as to whether it should be amended or not to give better effect to the purposes set out in Article 1.

18.2 Changes to the constitution

(a) Council decision required – Changes to the Constitution may only be made by the decision of full Council.

(b) Mayoral consent – Changes to the Council’s executive

arrangements, except in so far as they relate only to the number, terms of reference or composition of overview and scrutiny committees, will not be effective unless the Mayor consents in writing.

(c) Change to a different form of governance – If the Council is considering a move away from a directly elected Mayor and cabinet model of executive arrangements, either to a leader and cabinet executive model, or to a model of governance based on one or more committees, it will take reasonable steps to consult with local stakeholders and electors when drawing up proposals and will hold a binding referendum. Any change will not take place until the end of the Mayor’s term of office.

ARTICLE 19

PUBLICATION, INTERPRETATION AND SUSPENSION

19.1 Publication

(a) The Monitoring Officer will give a printed copy of this Constitution to each member of the Council upon delivery to him/her of that individual’s declaration of acceptance of office on the member first being elected to the Council

(b) The Monitoring Officer will ensure that there are copies of the

Constitution available for inspection at Council offices, libraries and other appropriate locations on the council’s website, and that they

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can be purchased by members of the local press and the public on payment of a reasonable fee.

(c) The Monitoring Officer will ensure that a summary of the

Constitution is made widely available within the area and is updated as necessary.

19.2 Interpretation

At any meeting of the Council, the ruling of the Chair of the Council as to the construction or interpretation or application of this Constitution may only be challenged in accordance with the Council Procedure Rules at Part IV.

19.3 Suspension

The Articles of this Constitution may not be suspended. The Procedure Rules may be suspended in accordance with the provisions of Part IV unless the Constitution specifically provides that they may not be suspended. A motion to suspend rules may only be taken on notice unless at least one half of all Councillors are present. The extent and duration of suspension will be proportionate to the result to be achieved taking account of the purposes set out in Article 1.

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Part III

LOCAL CHOICE FUNCTIONS

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The following table lists in Column 1 all of those functions where the Council may make a choice about whether they are to be the responsibility of the Executive or the Council. Column 2 sets out the body/person to whom the exercise of that function is delegated, and the limits, if any, imposed on the exercise of that function:

Function Executive/non executive function

Functions under local Acts other than Sections 5 and 6 of the London Building Amendment Act 1939 (Naming of Streets)

executive function/non executive (local planning committee)

The determination of appeals against any decision of the Council

executive function

The appointment of review boards under regulations made under Section 34(4) Social Security Act 1998 (determination of claims and review )

executive function

Making arrangements for appeals against exclusion of pupils (Section 67(1) and Sch 18 Schools Standard and Framework Act 1998

executive function

Making arrangements for admissions appeals pursuant to Section 94(1) and(4) Schools Standard and Framework Act 1998

executive function

Making arrangements for appeals by governing bodies pursuant to Section 95(2) and Sch 25 Schools Standard and Framework Act 1998

executive function

Functions relating to contaminated land executive function

Functions relating to the control of pollution or the management of air quality

executive function

The service of an abatement notice in respect of a statutory nuisance – Section 80 Environmental Protection Act 1990

executive function

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The passing of a resolution that Schedule 2 Noise and Statutory Nuisance Act 1993 should apply in the area

executive function

The inspection of the area to detect any statutory nuisance (Section 79 EPA 1990)

executive function

Investigation of complaints relating to existence of statutory nuisance

executive function

Obtaining information under Section 330 Town and Country Planning Act 1990 as to interests in land

executive function

Obtaining particulars of persons interested in land under Section 16 Local Government (Miscellaneous Provisions) Act 1976.

executive function

Making agreements for the execution of highways works

executive function

Appointments to any office (save employment with the Council) and to any body (or committee or sub committee of such a body) save the Council itself or a joint committee of two or more authorities .

It will be the responsibility of the Executive to make the following appointments:- Local Government Association; London Councils and all its subsidiary bodies; all bodies established to give effect to the BSF programme in Lewisham, including but not limited to Lewisham Local Education Partnership and any joint venture company established with Costains under the BSF programme; Lewisham Homes; Thames Gateway London Partnership; Lewisham Local Strategic Partnership;

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South East London Waste Disposal Group (SELWDG), Downham Community Partnership, Greater London Enterprise Limited, Lewisham Health Partnership, South East London Combined Heat and Power (SELCHP); Catford Regeneration Partnership and any other bodies, which in the opinion of the Monitoring Officer, are of a similar nature The making of all other appointments will be a non-executive responsibility

The making of agreements with other local authorities for the placing of staff at the disposal of those other authorities

executive function

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Part IV

RULES OF PROCEDURE AND STANDING

ORDERS A - Purpose B - Councillors C - Council Procedure Rules D - Executive Procedure Rules E - Overview and Scrutiny Procedure Rules F - Budget & Policy Framework Procedure Rules G - Access to Information Procedure Rules H - Employment Procedure Rules I - Contract Procedure Rules J - Committee General Rules K - Financial Regulations

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A PURPOSE The purpose of these procedure rules is to regulate the conduct of Council business in accordance with the law and to promote the effective discharge of Council business. They are designed to ensure fair and accountable decision making. The Mayor, councillors and officers are bound to comply with them and they will be interpreted so as to give effect to their spirit. They may only be amended by a resolution of the Council. B COUNCILLORS 1 Term of office The term of office for councillors is four years and they retire on the fourth day after the ordinary election when newly elected councillors come into office. The Mayor also serves for a term of four years. Mayoral elections will be held on the ordinary day of election for councillors, and the Mayor will also retire on the fourth day after the newly elected Mayor comes into office. 2 Entitled to speak and vote All councillors are entitled to speak and vote at meetings of the Council. The Mayor may not vote at full Council meetings but is invited to attend all such meetings and to speak and contribute to the debate in accordance with this Constitution. 3 Resignation A person elected as a councillor under the Local Government Act 1972 or as the Mayor under the Local Government Act 2000 may resign from office at any time by giving written notice to the Chief Executive. The resignation will take effect on receipt of the notice. 4 Vacation of office for non-attendance – all Councillors Subject to exemptions set out in the Local Government Act 1972, if a councillor, fails for a period of six consecutive months from the date of his/her last attendance, to attend any meeting of the Council then he/she shall (unless the absence was due to some reason approved by the Council before the expiry of that period) cease to be a member of the Council. 5 Qualifying attendance- all Councillors Attendance as a member at any of the following meetings qualifies as attendance for the purpose of Rule 4 above:-

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1. a meeting of any committee or sub committee of the Council; 2. a meeting of any joint committee, joint board, or other body by whom

for the time being any of the functions of the Council are being discharged;

3. a meeting of any body appointed to advise the Council in any matter

relating to any of its functions; 4. attendance as representative of the Council at any body of persons.

6 Vacation of office – executive members If a member of the Executive fails for six months to attend any meeting of the Executive, then (unless the failure was due to some reason approved by the Council prior to the expiry of that period), he or she shall cease to be a member of the Council. 7 Qualifying attendance – executive members The following actions are deemed to be attendance for the purpose of Rule 6 above:-

1. attendance as a member at a meeting of a committee of the Executive 2. the discharge by a member, acting alone, of any function which is the

responsibility of the Executive

8 Declaration of a vacancy Where a member of the Council including the Mayor:-

1. ceases to be qualified to be a member/Mayor of the Council; or

2. becomes disqualified from being a member of the Council other than

by virtue of an Order under Section 19 Local Government Finance Act 1982, a certificate under Section 20 of that Act, a conviction or a breach of any of the provisions of Part III of the Representation of the People Act 1983; or

3. ceases to be a member of the Council by the failure to attend meetings

of the Council or the Executive;

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the Council shall, except in any case where a declaration has been made by the High Court, forthwith declare his/her office to be vacant, and the duty to declare the office vacant shall be the responsibility of the Chief Executive. 9 Filling of casual vacancy Unless the vacancy arises within six months of the date when the councillor or the Mayor would otherwise have retired, an election to fill a casual vacancy will be held within 35 days, calculated in accordance with the Local Government Act 1972, from the date when notice in writing of the vacancy has been given to the proper officer by:-

1. in the case of councillors other than the Mayor, two local government electors for the borough (or the date of any declaration by the High Court that the office is vacant);

2. in the case of the Mayor, 30 electors, or the date of any declaration by the High Court declares that the office is vacant.

10 Period of office

The person elected or appointed to any casual vacancy shall hold office until the date upon which the person in whose place he/she was elected would regularly have retired and he/she shall then retire. 11. Declaration of acceptance of office Within two months of election, the Mayor and councillors are required to declare their acceptance of office. Failure to do so will mean that the elected member ceases to be a member of the Council and a casual vacancy will arise. 12 Declaration of interests. Within 28 days of becoming a member, members must make a declaration of their interests for inclusion in the register of members’ interests in accordance with the Code of Conduct attached to this Constitution at Part V (as amended from time to time), and agree to abide by the Council’s Member Code of Conduct. It is the responsibility of individual members to ensure that their entry in the register of members’ interests is up to date at all times. Failure to register disclosable pecuniary interests may lead to prosecution. Failure to disclose other interests in the register as required by the Member Code of Conduct is likely to be a breach of the Code and lead to action by the Council’s Standards Committee.

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The Mayor and councillors are also required to declare interests in relation to particular Council decisions in accordance with the contents of the Member Code of Conduct appearing at Part V. Participation in consideration of a matter where a Member has a disclosable pecuniary interest may lead to prosecution ,and in respect of other interests to action by the Council’s Standards Committee. Council employees are also under a duty to declare their interests in Council matters as set out in the Employee Code of Conduct appearing at Part V. Failure to comply may result in disciplinary and/or other action as appropriate (e.g. a referral to the police in the most serious cases)

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C COUNCIL PROCEDURE RULES 1 Types of meeting There will be three types of Council meeting:-

• Annual Meeting

• Ordinary meetings

• Extraordinary meetings 2 The Annual Meeting 2.1 When and where? – The Annual Meeting must be held at a date

and time determined in accordance with the Local Government Act 1972; This means that in any year in which there is an election of members of the Council, the annual meeting will take place within twenty one days of the retirement of councillors. In all other years the annual meeting will take place in March, April or May. Annual meetings will take place in such location as is specified in the summons to the meeting.

2.2 The Business – The Annual Meeting will deal with the following business in the order set out below:-

• To elect a person to preside if the Chair of Council is absent

• To elect a Chair of Council

• To appoint a Vice Chair of Council

• To approve the minutes of the last meeting

• To receive announcements or communications, if any, from the Chair, and/or Head of Paid Service

• To receive written notification from the Mayor of the constitution and composition of the Executive including the names of the Deputy Mayor and the other councillors chosen to serve on the executive for the coming year.

• To receive notification in writing from the Mayor of the nature and extent of any decision making powers delegated by him/her in relation to executive functions – which will be incorporated into the Council’s scheme of delegation – Part VIII of the Constitution

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• To agree the terms of reference for, size and composition of an overview and scrutiny committee, a standards committee and such other committees as the Council thinks fit to deal with matters which are neither reserved to Council nor executive functions. Details of these delegations are to be included in the Council’s Scheme of Delegation at Part VIII of the Constitution

• To decide the allocation of seats on committees to political groups in accordance with the requirements for political balance set out in the Local Government and Housing Act 1989. To receive nominations to serve on the committees and so far as possible to appoint to them in accordance with the wishes of the political groups to which seats have been allocated

• To make appointments to outside bodies, where those appointments are not reserved to the Executive, in accordance with political balance requirements if applicable.

• To fix a programme of Council meetings for the municipal year

• To consider any business specified in the notice convening the meeting. 2.3 Notice – The Proper Officer will call the Annual Meeting in each year, and

will give notice in accordance with these rules.

3 Ordinary meetings 3.1 When and where? – Ordinary meetings of the Council will take place in

accordance with a programme fixed for the year at the Annual Meeting, but they must be held at intervals of no more than three months with the exception of the Standards Committee which shall meet at least three times a year. They will take place in locations determined by the proper officer and notified in the summons to the meeting.

3.2 Business – Ordinary meetings will deal with the following business:-

• To elect a person to preside if the Chair and Vice Chair are not present

• To approve the minutes of the last meeting

• To receive any declarations from members

• To receive any announcements from the Chair, the Mayor, members of the Executive or the Chief Executive

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• To receive deputations and petitions, if any

• To receive questions from and provide answers to the public in relation to matters which, in the opinion of the Chair, are relevant to the business of the meeting

• To receive Members’ questions

• To deal with any business remaining from the last Council meeting

• To receive reports from the Council’s committees and to receive questions and answers on those reports

• To receive reports about and questions on the business of any joint arrangements and external organisations to which the Council appoints representatives

• To receive reports from the Mayor (or his/her nominee) in relation to any key decisions which have been taken under the special urgency provisions (Part G Rule 16) and under the general urgency provisions (Part G Rule 15)

• To consider motions; and

• To consider any other business specified in the notice convening the meeting including but not limited to:-

• proposals from the Executive in relation to the Council’s policy framework and budget

• reports referred by overview and scrutiny committees for debate

• any matters referred to the Council for conflict resolution 3.3 Notice – The Proper Officer will call ordinary Council meetings, and will

give notice in accordance with these rules. 4 Extraordinary meetings 4.1 When and where? - Extraordinary meetings will take place at

such time and location as the proper officer determines and gives notice in the summons.

4.2 The business – Extraordinary meetings will deal with the

business set out below in that order:-

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• To choose a person to preside if the Chair and Vice Chair are not present

• To approve the minutes of the last meeting of the Council

• To receive members’ declarations of interest if any.

• To receive such announcements or communications as the Chair, Mayor or Chief Executive may wish to make.

• To receive Members’ questions relevant to the business of the meeting, the relevance or otherwise of a question being a matter to be judged by the Chair on advice from the Chief Executive.

• To receive reports of the Executive or Committee relevant to the business specified in the summons to the meeting.

• To consider motions.

• To consider any business specified in the summons to the meeting. 4.3 Notice and summons The following people may request the

proper officer to call an extraordinary meeting of the Council, and the

proper officer will comply::-

• The Council by resolution

• The Chair of the Council or in his/her absence the Vice Chair

• The Mayor

• The Head of Paid Service, Monitoring Officer and/or Chief Finance Officer in a matter of urgency

• Any five members of the Council if they have signed a requisition which has been delivered to the Chair of Council if he/she has refused to call a meeting or has failed to call one within 7 days of the presentation of the petition.

5 Notice of place of residence or alternative The proper officer will give notice to the public of the place and time of any meeting in accordance with Part G (Access to information). At least five clear days before a meeting the proper officer will send a summons signed by him/her by post to every member of the Council including the Mayor, or leave it at their

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place of residence. The summons will state the business to be conducted at the meeting and the date, time and place of the meeting.

6 Variations in the order of business at a Council meeting The order of business at any Council meeting may be varied at the discretion of the Chair, or on a motion to do so which shall be moved and put to the vote without discussion 7 Council Urgency Committee 7.1 Business – This Rule sets out the procedure for dealing, between

meetings of the Council, with matters which are urgent and cannot be delayed. Council Urgency Committee may only deal with matters which are urgent and cannot be delayed until a quorate meeting of the full Council can be properly convened. It may only deal with matters which can be lawfully delegated by the Council.

7.2 Who? A Council Urgency Committee shall be established at the

annual meeting of the Council and will consist of the Chair of Council, the Deputy Mayor, one member of the Executive other than the Mayor, the Chair of the Overview and Scrutiny Committee and 2, or the smallest number higher, of councillors required to ensure that the political balance of the Council is reflected.

7.3 Quorum – The quorum for the Council Urgency Committee shall be three. 7.4 Reason for urgency – Where in the opinion of the Chief Executive, a

matter to be decided is so urgent that it cannot be delayed until the next meeting of the Council, a statement to this effect and the reason(s) shall be included in the item for decision by the Council Urgency Committee.

7.5 Frequency of meeting – The Council Urgency Committee shall meet as

often as necessary, subject to the maximum of one meeting per week, to deal with business referred to it by the Chief Executive.

7.6 Reports to full Council – Decisions made by the Council Urgency

Committee shall be reported to the next meeting of full Council. Copies of all reports and or other papers considered by the Council Urgency Committee in arriving at any decision shall be made available to the Mayor and any member of the Council on request.

7.7 Interregnum – During a year in which elections are held, in the

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period between the elections and the annual meeting of the Council, the Chief Executive is entitled to act in respect of any urgent decision to be made by the Council.

7.8 Substitutes – The Council may also determine substitutes who

may act in the absence of individual members of the Council Urgency Committee in their absence. Executive members may not be named as substitutes.

8. Who Presides at Council meetings? 8.1 If the Chair of Council is present at a meeting of the Council, then he or

she must preside at the meeting. 8.2 If the Chair of Council is absent, the Vice Chair will preside. 8.3 If both the Chair and the Vice Chair of Council are absent from a meeting

of the Council, a councillor elected by the members of the Council present shall preside.

8.4 Any power or duty assigned to the Chair of Council by these Rules relating

to the conduct of the meeting may be exercised by the person who presides at a meeting in the absence of the Chair of Council.

8.5 References to the Chair of Council in these Rules shall include any person

presiding at a meeting of the Council. 8.6 The ruling of the Chair of Council in relation to the interpretation or

application of these Rules, or to any proceedings of the Council, shall not be challenged at any meeting of the Council, save by a majority of those present at the meeting, and then the matter shall be referred to the Chief Executive for a ruling.

9 The Mayor and Deputies at Council 9.1 The Mayor shall be invited to attend all meetings of full Council and to

address Council on any matter before it for consideration. Where the Mayor does wish to address full Council, if he so requests, he shall do so first, after the proposer and seconder in whose names a motion or amendment is brought but before any other councillor

9.2 The Deputy Mayor and each member of the Executive nominated

under Rule D5 and/or D6, within whose portfolio a matter falls, shall have the right to speak after the Mayor, should they wish.

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10. Duration of Council meetings

When any meeting of the Council is still in progress two and a half hours after the time shown in the summons for the start of the meeting, then the Chair will draw the attention of the Council to the time and to the provisions of this Rule and:-

10.1 shall specify any remaining business which in his/her opinion, is of such a

nature that it ought to be considered at an adjourned meeting, and any further report on that business which is to be presented to the adjourned meeting;

10.2 shall ask the members present at the meeting whether in their view there

is any other business which ought to be considered at an adjourned meeting. If there is a request that other business should also be adjourned, then the Council shall consider a motion, so long as it is duly proposed and seconded, that such business stand adjourned. This motion will be put to the vote without debate and if passed then the Chair of Council will specify the business as justifying adjournment;

10.3 may then deal with any other business on the agenda , including any

matter which in the Chair’s opinion requires the Council to pass a resolution at that meeting, requiring that those items be put to the vote without debate. No motion or debate shall be permitted on the exercise of the Chair’s discretion; and

10.4 where he/she has specified any business as justifying adjournment,

he/she shall declare the meeting adjourned to such date and time as he/she shall direct, or to a date to be notified. If there is no such business then the meeting shall be closed.

10.5 This Standing Order may be suspended, and any motion to do so shall be

put before the expiry of two and a half hours from the time published in the summons as the beginning of the meeting.

11 The Quorum for Council Meetings 11.1 No business may be conducted at any Council meeting unless one quarter

of the entire number of councillors is present. For the purpose of calculating the quorum, the Mayor is not deemed to be a councillor.

11.2 If, after 15 minutes from the time specified in the summons for the start of

the meeting, there is still not a quorum present, the meeting shall not take place and shall be adjourned to a date to be fixed.

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11.3 If, during any meeting, it appears to the Chair of Council that there may not be a quorum present at the meeting, he/she shall count the number present at the meeting.

11.4 Any councillor present at a meeting may ask the Chair of Council to count

the number present to establish whether the meeting is quorate, and if so requested, the Chair of Council will conduct the count.

11.5 If following the count, the Chair of Council is satisfied that there is not a

quorum present, he/she shall declare that there is not a quorum, and the meeting shall be adjourned for ten minutes.

11.6 If after that time there is still not a quorum present, then the meeting shall

be adjourned 11.7 Any business not transacted on account of the absence of a quorum shall

be adjourned to a meeting at a time to be fixed by the Chair of Council, or if he/she does not fix a time to the next ordinary meeting of the Council.

12 Political group leaders

Each political group on the Council will nominate a leader and inform the Chief Executive of the identity of that leader, and of any change in the leadership.

13 Questions by the Public at Council Meetings 13.1 General – Questions may be asked by the public at ordinary

Council meetings. They may be addressed to the Mayor, any member of the Executive or any relevant committee or sub committee chair.

13.2 Order of questions – Questions will be asked in the order notice of them

was received except that the Chair of Council may group together similar questions.

13.3 Notice of questions – Written notice of questions must be received by the

proper officer by midnight on the fifteenth day before the meeting. Each question must state the name and address of the sender. Copies of the questions will be sent to the Chair of Council, the Mayor, every member of the Executive, the Chair of the Overview and Scrutiny Committee, the Chair of the relevant Business Panel and the Chair of any relevant committee. Written responses to questions will be sent to the sender by 5 p.m. on the working day prior to the meeting.

On receipt of a question from a member of the public, officers shall

acknowledge the question promptly and explain the process for response,

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and that the questioner may attend the Council meeting to ask a supplementary question.

13.4 Scope of questions – The proper officer may reject a question if:-

• It does not relate to a matter for which the Council has powers or duties, unless it is a matter which affects the interests of local people.

• It is defamatory, frivolous or offensive; or

• It is substantially the same as a question which has been put and answered at a Council meeting within the last three months; or

• It requires the disclosure of confidential or exempt information; or

• That responding to the question would entail disproportionate labour or cost; or

• That the question relates to the circumstances of an individual case; or

• It relates to any investigation by the Monitoring Officer or Standards Committee.

• The proper officer may put questions into an appropriate form without affecting the substance of the question and redirect them if necessary.

13.5 Disallowing questions – If any question is disallowed, the proper officer will

write to the questioner explaining the reasons for that decision 13.6 Record of questions – So far as possible, printed copies of all questions

and answers will be published at the relevant meeting and a copy supplied to the Mayor and all councillors and made available to the public at the meeting. A copy of questions asked and replies given will be filed together and kept as an annex to the Council minutes,

13.7 At the meeting – The Chair of Council will announce that public questions

are to be taken. He or she will state the name and address of the questioner and the name of the Mayor or the Councillor who has supplied a written answer.

13.8 Supplementary questions – If the Chair agrees, a questioner who has put

a question may put one supplementary question to the member who has replied. A supplementary question must arise directly out of the original question or the reply given to it.

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Members of the public asking more than one question must number the questions they submit in order of preference (1st question, 2nd question, 3rd question etc).

At the meeting, the Chair will deal with questions by asking the

questioners if they wish to ask a supplementary question in the following order:-

All 1st preference questions in the order in which they were received by the

proper officer, then All 2nd preference questions in the order in which they were received by

the proper officer, then All 3rd preference questions in the order in which they were received by

the proper officer, and so on until either all of the questions put have been dealt with or 30

minutes has expired, whichever is the earlier. 13.9 Absence of the questioner – If the questioner is not present or represented

at the meeting, the Mayor/Member to whom the question was addressed will not be required to speak in response to the question, provided a written response has been given.

13.10 Time limit on questions – The total time for answering public questions at

any Council meeting shall not exceed 30 minutes. If there is not enough time to answer all questions, the proper officer will reply in writing to those questions not dealt with after 30 minutes.

13.11 No debate on questions – There will not be any debate on any question

save that a member may ask that a matter raised by a question be referred to a committee or to the Executive or to an officer to be dealt with.

14. Questions by members 14.1 General – At a Council meeting members of the Council may ask

questions that are relevant to the general work or procedure of the Council.

14.2 Notice – Written notice of questions must be received by the proper officer by midnight on the fifteenth day before the meeting. The notice must indicate whether the member requires a written answer only. Copies of the questions will be sent to the Chair of Council, the Mayor, every member of the Executive, the Chair of the Overview and Scrutiny Committee, the Chair of the relevant Business Panel and the Chair of any

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relevant committee. Written responses to all questions will be circulated by 5 p.m. on the working day prior to the meeting. No questions may be asked without notice except with the consent of the Chair of Council to whom the question will be put, on a matter of urgency of which the Chair of Council will be the judge. In such cases, the text of the question must be given to the Chair in writing at least three hours before the meeting.

14.3 Disallowing questions – Questions may be disallowed for the same

reasons as those from the public and the proper officer may amend questions in the same circumstances and to the same effect as those from the public. (Rules 13(4) and (5) above.)

14.4 Procedure – Questions about the work of the Executive will be replied to

by the member of the Executive to whom it is addressed, or otherwise by the Mayor or the Executive member within whose area the subject matter of the question falls. In all other cases questions will be replied to by the Chair of Council, or the Chair of the relevant committee.

14.5 Copies – So far as possible printed copies of all questions and answers

will be published at the Council meeting and copies supplied to each member of the Council. Questions will not usually be answered orally except where it has not been possible to publish the reply

14.6 Discretion not to reply – The form of the answer is at the discretion of the

Chair of Council, Mayor, relevant Executive member or committee chair who may decline to reply where to do so would involve excessive labour and/or cost.

14.7 Detailed answers – Where a question put at a meeting requires a detailed

answer requiring research it will not usually be given at the meeting. At the discretion of the councillor/Mayor to whom the question is addressed or the Chair of the Council such a question may be the subject of a written reply within 14 days of the meeting. A copy of the reply will be sent to the Mayor and all councillors.

14.8 Joint replies- If a question relates to both executive and non-executive

functions, or to the work of more than one committee or falls within the area of more than one member of the Executive, a joint reply may be given.

14.9 Supplementary questions – Members who wish to ask a question must

classify their question as either one which requires only a written answer with no right to a supplementary question, or one to which they require a written answer and reserve the right to ask up to one supplementary question at the meeting.

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Members asking more than one question where they have reserved the right to ask a supplementary question, must number the questions they submit in order of preference (1st question, 2nd question, 3rd question etc).

At the meeting, the Chair will deal with questions where the right to ask a

supplementary question has arisen by asking the questioners if they wish to ask a supplementary question in the following order:-

All 1st preference questions in the order in which they were received by the

proper officer, then All 2nd preference questions in the order in which they were received by

the proper officer, then All 3rd preference questions in the order in which they were received by

the proper officer, and so on until either all of the questions put have been dealt with or 30

minutes has expired, whichever is the earlier. 14.10 Written questions – There is no limit on the number of questions a

member may ask requiring only a written response which will be given in writing before the Council meeting.

14.11 Questions on reports – The Mayor and/or any councillor may, without

notice, ask a question on a report, which is being presented to the Council when that report is being considered or received.

14.12 Questions on joint authorities/external bodies – Questions about the

discharge of the functions of joint authorities constituted under the Local Government Act 1985 or about the business of external organisations may be asked at ordinary meetings of the Council by the Mayor and/or any councillor for reply by the Mayor or any councillor who is a Council nominee on the joint authority/external body. Written notice of such questions must reach the proper officer by 10 a.m. on the Monday of the week in which the meeting is to take place. Only one such question may be asked by the Mayor or any councillor at any meeting.

14.13 Questions at extraordinary meetings of the Council – At such meetings,

questions will only be asked or considered if they relate to the business of the meeting as specified in the summons

14.14 Record of questions and replies – A copy of all questions asked by the

public and by members and replies given, (including supplementary questions and answers) will be filed and annexed to the minutes of the Council as a permanent record.

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15 Motions 15.1 Motions on Notice - Except for motions which can be taken without notice

under Rule 15.2 below, written notice of every motion shall be given by the member or members of the Council proposing the motion. It shall be delivered to the proper officer not later than 10 a.m. on the sixth working day before the next meeting of the Council. Motion shall be dated on receipt, numbered in the order in which they are received and entered in a register, which shall be open to inspection by the public.

15.2 Motions without Notice - Those motions which may be moved without

notice are:-

i. the appointment of a Chair at the meeting at which the motion is moved;

ii. motions which relate to the minutes;

iii. to change the order of business in the agenda;

iv. to refer something to an appropriate body or individual;

v. to appoint a committee or member arising from an item on the

summons for the meeting;

vi. to receive reports or to adopt the recommendation of committees or officers and any resolutions following from them;

vii. to withdraw a motion;

viii to proceed to next business; ix that the question be now put; x to adjourn a debate;

xi to adjourn a meeting;

xii that the meeting continue beyond two and a half hours in duration; xiii to suspend a particular procedural rule; xiv to exclude the public and press in accordance with the Access to Information Rules;

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xvi to not hear further a member named under Rule 29 or to exclude them from the meeting; xvii to give the consent of the Council where consent is required by this

Constitution.

15.3 Motion to rescind preceding resolution

i. Notice to be signed by 15 members – No motion to rescind any resolution passed within the preceding three months, and no motion or amendment to the same effect as one which has been rejected within the preceding three months, shall be proposed unless the notice given under rule 15.1 above is signed by at least 15 councillors.

ii. Only one rescission motion in three months – When any such

motion or amendment has been disposed of by the Council, it shall not be open to any member to propose a similar motion in relation to the same matter within a further period of three months.

iii. Exception – This Standing Order shall not apply when the Council

is considering a recommendation of a Committee.

15.4 Inclusion in Summons – Notice of every motion shall be considered by the

Chair of Council. If he/she is of the opinion that it is out of order, he/she will inform the member giving the notice of motion accordingly. Otherwise all notices of motion delivered in accordance with rule 15 (1) above will be set out in the Summons for the next Council meeting in the order in which they have been received, unless the member when giving notice has intimated in writing that he/she proposes to move it at some later meeting or has since withdrawn it in writing.

15.5 Relevance - Every motion must be relevant to some matter in relation to

which the Council has powers or duties or which affects the interests of the people of the Borough.

15.6 Motions at extraordinary meetings – At an extraordinary meeting of the

Council no motion will be admissible unless it is directly relevant to the business notified in the Summons to the meeting.

15.7 Motions not moved – If a motion which is included in the Summons is not

moved either by the Member who gave notice, or by some other Member authorised by him/her in writing to the Chair of Council before the start of

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the meeting, it shall be considered as withdrawn and shall not be moved without fresh notice.

15.8 Withdrawal of motion or amendment - A motion or amendment may be

withdrawn by the mover with the consent of the seconder and of the Council which shall be signified without discussion and no Member may speak upon it after the mover has asked for its withdrawal unless permission has been refused.

15.9 Amendment of motions – Amendments to motions must be received by 5 p.m. on the working day before the meeting. If the amendment requires

a detailed assessment of the implications of the amendment which cannot be carried out in the time available, the Chair may rule that the amendment is not put to the meeting.

15.10 Time limit to amendments – After 5 p.m. on the working day before the

Council meeting no further proposed amendments will be allowed, save that the Chair may at his discretion allow amendments to correct errors or make minor or insubstantial changes.

16 Rules of Debate 16.1 No speeches until seconded – A motion or amendment shall not be

discussed unless it has been proposed and seconded,: 16.2 Right to require motion and amendment in writing - Neither motions nor

amendments will be debated unless a written copy is available for all members of the Council present at the meeting.

16.3 Right to nominate a seconder - The proposer of a motion has the right to

nominate a seconder 16.4 Seconder’s speech – The seconder of a motion or amendment has the

right to reserve his/her speech until a later time in the debate but must declare his/her intention to do so. However, if a closure motion is successfully moved and the right to speak has not been exercised it will be lost.

16.5 Content and length of speeches – Those making speeches must direct

their speech to the issue under discussion. No speech may exceed five minutes without the consent of the Chair.

16.6 When a member may speak again – A member who has spoken may not

speak again whilst the same item is still under discussion except:-

• To speak once an amendment has been moved by another member

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• If his/her first speech was on an amendment moved by another member, to speak on the main issue (whether or not the amendment on which he/she spoke was carried)

• In the exercise of a right of reply

• On a point of order

• By way of personal explanation 16.7 Amendments to motions - Amendments must be relevant to

the motion and will be either:-

• To leave out words; or

• To leave out words and insert or add others; or

• To insert or add words; or

• To refer the issue to an appropriate body or individual for consideration and must not have the effect of negating the motion. The ruling of the Chair of Council on the admissibility of an amendment is not open to challenge.

16.8 One motion at a time – Motions will be debated one at a time but the Chair

may rule that more than one motion may be debated (but not voted on) at the same time, if in his/her view it is likely to mean that Council business is conducted more efficiently.

16.9 One amendment at a time - Only one amendment may be moved and

discussed at a time and no further amendment shall be moved until the amendment under discussion has been disposed of. If several proposed amendments are received before the deadline for submission, they will be considered at the meeting in the order in which they were received. However, if an amendment is carried, no subsequent amendments may be moved. The provisions contained in para 16.8 shall also apply to amendments

16.10 If amendment is lost – If an amendment is lost, any further amendments

received before the deadline for submission may be moved on the original motion in the order in which they were received.

16.11 If an amendment is carried, - The motion as amended shall take the place

of the original motion and shall become the substantive motion. 16.12 One member – one amendment – No Member shall move more than one amendment to any motion. 16.13 Accepting amendments – If there is only one amendment proposed to a

motion, the proposer and seconder of the original motion may agree to accept the proposed amendment and the amended motion shall become

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the substantive motion, without prejudice to the rights of the member proposing the original motion.

17 Right of Reply 17.1 The mover’s right of reply – The mover of a motion has a right of reply at the close of the debate on the motion, immediately before it is put to the vote.

17.2 Mover of substantive motion has right of reply at end of debate on

amendment – If an amendment is moved, the mover of the original motion shall also have a right of reply at the close of the debate on the amendment, but shall not otherwise speak on the amendment.

17.3 Mover of amendment no right of reply – The mover of the amendment

shall have no right of reply to the debate on the amendment; but if the amendment is carried and becomes the substantive motion, the right of reply shall transfer to him/her.

17.4 Right of reply restrictions – Any reply shall be strictly confined to

answering previous speakers and shall not introduce any new matter into the debate.

17.5 After reply – After the reply the question shall be put without further

debate. 17.6 Proceed to next business – The mover of an original motion shall have a

right of reply to a motion “that the meeting proceed to next business”, but no further debate shall take place.

18 Motions which may be moved during debate

When a motion is under debate, no other motion shall be moved, except the following:

(a) to amend the motion; (b) closure motions; (c) that a Member be not further heard; (d) by the Chair of Council under Rule 29 that a Member leave the

meeting; (e) a motion under Section 100A of the Local Government Act 1972 as

amended to exclude the public.

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19 Closure Motions 19.1 Types of closure motion - A Member may move at the end of a speech of

another Member:

• that the meeting proceed to the next business

• that the question be now put

• that the debate be now adjourned, or

• that the Council do now adjourn. 19.2 No discussion on closure motion - Such motions shall be moved without

discussion. 19.3 Procedure on closure motion - If the motion is seconded, the person

presiding shall proceed as follows:- (a) on a motion to proceed to next business: subject to paragraph (e) below, he/she shall first give the mover of

the original motion a right to reply to the motion to proceed to next business. The person presiding shall then put to the vote the motion to proceed to next business. If it is lost, the mover of the original motion shall retain his/her right of reply on that motion. Otherwise the meeting shall proceed to next business;

(b) on a motion that the question be now put:

subject to paragraph (e) below, he/she shall first put to the vote the motion that the question be now put. If it is passed the person presiding shall then give the mover of the original motion his/her right of reply on that motion before putting it to the vote; and (c) on a motion to adjourn the debate or the meeting:

subject to paragraph (e) below, he/she shall put the adjournment motion to the vote without giving the mover of the original motion his/her right of reply on that occasion. The mover shall however retain his/her right of reply when the debate is resumed.

(d) A motion to adjourn the debate may specify the time and date to

when the debate is to be adjourned. Otherwise the adjournment will be to the next ordinary meeting of the Council, Committee or Sub-Committee. In the case of a motion to adjourn the meeting, the provisions of Rule 19 (3)(c) above will apply.

(e) Chair’s discretion not to close - If the person presiding is of the

opinion that the matter before the meeting has not been sufficiently discussed, he/she shall refuse to accept any closure motion.

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20 Point of order

A member can raise a point of order at any time. The Chair will hear them immediately. A point of order may only relate to an alleged breach of these Rules or the law. The member must indicate the rule or law and the way in which he/she considers it has been broken. The Chair’s ruling on this point is final.

21 Personal explanation

A member may make a point of personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the member which may appear to have been misunderstood in the present debate. The Chair’s ruling as to the admissibility of a personal explanation is final.

22 Voting 22.1 Simple majority - Decisions shall be made on a simple majority except as

set out in 22.2 below or where the decision in question is subject to a specific statutory requirement (e.g. promotion or opposition of a local Bill in Parliament or approval of the Member Code of Conduct). However, in the case of an equality of votes the person presiding at the meeting shall be entitled to vote in the first instance and to give a casting vote whether or not he/she voted in the first instance.

22.2 When is a two-thirds majority needed? If the vote relates to a

reconsideration by the Council of a proposal made by the Executive in relation to the approval, adoption or amendment of the policy framework or budget, where the Council has previously rejected the proposals put to it by the Executive, then the Council may only reject the Executive’s proposals if at least two thirds of those Councillors present and voting vote in favour of doing so. The requirement for a two thirds majority only arises in the circumstances more specifically spelled out in this Part IV at Section F.

22.3 Voting method - Voting at Council meetings will be by a show of hands, or

by the use of the electronic voting system if available, or if necessary by a ballot vote.

22.4 Voting by Show of Hands - The Chair shall first put the question on which

a vote is required and shall then take a show of hands, or if there is no dissent by the affirmation of the meeting. The result as announced by the Chair shall be conclusive unless, on the announcement, ten or more members, by rising in their places, demand a division. In that case the procedure in paragraph 22.5 above shall be followed.

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22.5 Voting on a Division - If the Chief Executive declares that a division is

called, then after one minute the doors of the Council Chamber shall be closed; the question before the Council shall be put again by the Chair of Council and, when so directed by the Chair, each councillor shall operate one of the voting press buttons on his/her desk marked “For” or “Against” or “Not Voting”. The vote counter and recorder shall then be operated. Members shall vote from the seats allocated to them on the seating plan issued by the Chief Executive. The result of the voting, as appearing on the vote indicator panel, shall be announced by the Chair when all votes have been cast and recorded in the minutes in accordance with the information shown on the printed record produced by the vote recorder.

22.6 Ballot Vote - In the event of a failure of the electronic voting system or if it

is not available, the vote will be conducted by secret ballot. Paper on which to record votes as “For” “Against’’ of “Not voting” bearing the name of the councillor to whom it is given will be distributed by the Chief Executive. The question before the Council shall again be put by the Chair, and all members asked to record their votes on the voting papers. The voting papers will then be collected. The Chair shall announce the result of the ballot, which shall be recorded in the minutes.

22.7 Recorded vote – Where any member requests it after the vote is taken,

their vote will be so recorded in the minutes to show whether they voted for or against the matter

22.8 Voting on appointments - Where there are more than two people standing for appointment to any position and there is not a clear majority of votes in favour of one person then the name of the person with the least number of votes will be taken off the list and a new vote taken. The process will continue until there is a majority of votes for one person who will then be duly appointed. Where the council is appointing to more than one position (eg where the council appoints two representatives to an outside body), and there are more nominees than positions to be filled, this procedure will be used to appoint representatives one at a time. Once the first representative has been appointed, the same procedure will be used again to appoint the second and any further representatives until all appointments have been made.

23 Minutes 23.1 Minutes of the proceedings at a Council meeting shall be submitted to the

next meeting of the Council, for signature by the Chair of the Council. If this is impractical because the next meeting takes place very soon after the meeting to which the minutes refer, then they shall be submitted to the following meeting.

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23.2 Before signing the minutes, the Chair of Council must ask the Council

whether the minutes are approved as a true record. 23.3 No discussion shall take place on the minutes except on their accuracy,

and any question of their accuracy shall be raised by way of motion to amend the minutes. If no such question is raised or, if it is raised, as soon as it has been disposed of, the Chair shall sign the minutes.

23.4 A motion on the accuracy of the minutes may only be moved by a member

who was present at the meeting to which the minutes relate, and only those who were present at the meeting may vote on the motion.

23.5 Where in relation to any meeting the next meeting for the purpose of signing the minutes is a meeting called under paragraph 3 of Schedule 12 Local Government Act 1972 (an extraordinary meeting) then the following meeting (not being an extraordinary meeting) will be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) of schedule 12 (signing the minutes). 24 Notice of Council meetings 24.1 Five clear days before any meeting of the Council:-

• the proper officer shall publish, at the offices of the Council, a public notice of the time and place of the intended meeting. Where the notice relates to a meeting of the Council called by members of the Council pursuant to Rule 4(3) above, the notice shall be signed by those members and shall specify the business proposed to be transacted; and

• a summons to attend the meeting, specifying the business to be transacted and signed by the proper officer shall be left at, or sent by post to, the usual place of residence of the Mayor and every member of the Council.

24.2 If the Mayor or any member gives notice in writing to the proper officer

that he/she wishes summonses to attend meetings of the Council to be sent to him/her at an address other than his/her usual place of residence, any summons so addressed and left at or sent by post to that address shall be deemed sufficient service of the summons

24.3 No business shall be transacted at a meeting of the Council,

other than that specified in the summons, subject to the provisions of Rule 25 (Urgency) below.

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25 Urgency 25.1 Exceptionally a report on a matter of such urgency arising within a very

short period before a Council meeting may be considered at a Council meeting notwithstanding that the report has not been included in the summons to the meeting. This may arise where the matter in question is of such urgency that it cannot be delayed to the next ordinary Council meeting. In such circumstances it may be submitted to the Council as an urgency report.

25.2 The subject of an urgency report if known, shall be included in the

summons to the meeting even though the report may not be available. In such cases the report may be sent to the Mayor/members separately. The report shall contain a statement of the reasons why it needs to be considered as a matter of urgency.

25.3 If the report is sent so late that it is generally received less than five clear

days before the Council meeting, the Chair of Council shall decide on the grounds of urgency stated, whether or not the report shall be considered or deferred to a later meeting. If it is considered, the reasons for it being considered as a matter of urgency shall be recorded in the minutes.

26 Record of Attendance The Council will keep an attendance book to record the attendance of all

members, including the Mayor at meetings of the Council. The attendance book will be available in the meeting room for the duration of the meeting. Every member of the Council, including the Mayor who attends a meeting of the Council shall sign his/her name in it when they attend.

27 Admission of the Public and the Press 27.1 All meetings of the Council shall be open to the public, subject to accommodation being available and subject to 27.4 below. 27.2 Duly accredited representatives of the media who attend to

report Council proceedings for those organisations will be accommodated to the limit of the capacity set aside for them.

27.3 Cameras, including television cameras and video and recording equipment shall not be used in the Council chamber or in any meeting of its committees or sub-committees except with the

permission of the Chair of the Council, or the person chairing the meeting on each occasion.

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27.4 The Council, committee or sub-committee may pass a resolution at any time excluding the public (including press representatives and friends of members), from any meeting during an item of business whenever it is likely, in the view of the nature of the business to be transacted or the nature of the proceedings, that there would be disclosure to them of exempt or confidential information as defined in Section 100A and 100.I of the Local Government Act 1972. These definitions are reproduced as Appendix 1 to these rules.

27.5 Where a resolution is passed to exclude the public because of the likely disclosure of exempt information, it shall identify the part of the proceedings to which it applies and the description of the exempt information in terms of Schedule 12A of the Local Government Act 1972 (see Appendix 1). 28 Adjournments 28.1 The Council may adjourn any Council meeting to such day and time as it thinks fit. Unless the adjournment is to the next ordinary meeting of the Council the only business to be considered at the adjourned meeting shall be that which appeared in the summons for the meeting that was adjourned,

but was not disposed of. However, at the meeting which is adjourned the Council may call for a further report on any matter not disposed of at that meeting.

28.2 If an adjourned meeting is not reconvened within three days of the

adjournment, a summons to attend shall be sent to all members of the Council including the Mayor. The summons shall specify the place and time of the adjourned meeting and the business to be transacted at it. It shall be signed by the proper officer

29 Disturbance and Misconduct 29.1 If a member of the public interrupts the proceedings at any meeting of the Council, the Chair of Council shall warn him/her. If he/she continues with the interruption, then the Chair shall order his/her removal from the Council Chamber. In the case of a general disturbance, the Chair may order that any part of the Chamber be cleared. 29.2 In the event of a disturbance which renders the orderly conduct

of business impossible, the Chair may at his/her discretion, suspend the meeting of the Council for such period as he/she considers expedient , or adjourn the meeting to a later time or date.

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29.3 If because of the nature of disturbance, the Chair is of the view that it is not possible to continue with the business of the meeting in public, the meeting may nevertheless continue in private, provided that on resumption of the meeting in private, the Chair puts a proposal to the meeting that it continue in private because of the disturbance, that proposal is seconded and the Council passes a resolution to that effect before conducting any further business.

29.4 No member of the Council, including the Mayor shall persistently disregard

the ruling of the Chair of the Council, behave irregularly, improperly or offensively, or wilfully obstruct the business of the Council. If the Chair considers that a member of the Council (including the Mayor) has misconducted him/herself in such a way, then he/she shall say so to the Council. Then the Chair or any other member may move that the member/Mayor should be excluded from further debate. If the motion is seconded, then it shall be taken without debate.

29.5 If the member/Mayor continues his/her misconduct, after such a motion

has been carried, the Chair may move that the person concerned be required to leave the Council Chamber. In that case the motion shall be taken without seconding or debate. The Chair may also suspend the meeting for such period as he/she thinks fit.

30 Vacancies etc not to invalidate proceedings

The proceedings of the Council shall not be invalidated by any vacancy in its membership, or by any defect in the election or qualification of any member including the Mayor.

31 Application of rules to committees, sub committees and executive

The Council procedure rules apply also to proceedings at Council committees and sub- committees, unless expressly stated to the contrary or the context does not so permit. References in this rule to the Chair of Council will include references to the chairs of committees and sub-committees for that purpose. Section J of this Part IV - Committees General Rules - apply to committee meetings Rules 3, 4, 5, 6, 9, 10, 23, 24, 25, 26, 27, 28 and 29 of these Council Procedure Rules will apply to meetings of the Executive unless the law or this Constitution expressly provides to the contrary. Rule 22 will apply to meetings of the Executive where the Mayor has delegated decision making to the Executive acting together, or a committee of the Executive.

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D EXECUTIVE PROCEDURE RULES 1 Terms of reference

The Mayor will have responsibility for all executive decisions, namely those decisions not reserved to Council or delegated by Council or required to be so by law.

2 Constitution

(a) Generally Subject to a minimum of 2 and a maximum of 9 other councillors as well as the Mayor, the constitution of the Executive will be as decided by the Mayor, reported to Council and set out in the Mayoral scheme of delegation for the time being. (b) Confirmatory hearings When the Mayor proposes to appoint a councillor to the Executive, he/she will be invited to inform all councillors of his/her proposal/s for appointment, by requesting the proper officer to serve notice on them to that effect. If so requested, and provided the Mayor consents in writing, the proper officer will comply. The notice will set out details of the Mayor’s proposals for the Executive membership, including the names of any councillors proposed for appointment to it, the area for which they will take the lead, and the nature of any proposed delegation to them. The notice will also contain details of a meeting, to take place at least five clear days after the date of the notice, when each of those proposed for membership will attend to address and answer questions from councillors generally. At these meetings, the Chair of Council, or in his/her absence the Vice Chair, will preside. If neither is present the meeting will nominate a person from amongst those not proposed for membership of the Executive to preside. The Mayor may address the meeting in respect of each proposed appointment for a period of no more than 2 minutes, though this may be waived by the Mayor. Each proposed appointee to the Executive will address the meeting for a period of no more than 5 minutes. Immediately after each proposed appointee has spoken, questions may then be put by councillors to the proposed appointee. After questions have been asked of each proposed appointee, the meeting will be asked

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to register by show of hands whether they support the appointment of that particular member to the Executive as proposed by the Mayor. The choice will be a simple yes or no. The Chair will keep a written record of the results and communicate them to the Mayor and to each member of the Council, and the proper officer in writing. Should he/she wish, the Mayor will take account of the outcome of this process before making appointments to the Executive. However, by law, the choice about appointments to the Executive is a choice entirely at the Mayor’s discretion.

3 Who may make executive decisions? By law executive decisions are the responsibility of the Mayor. The Mayor

may also delegate executive functions to the extent he/she wishes to:-

• The Executive as a whole

• A committee of the Executive

• An individual member of the Executive

• An officer

• An area committee

• A joint committee

• An individual ward member, to the extent the function is exercisable within the ward

• Another local authority or its executive in accordance with relevant regulations

The law provides that executive functions may not be discharged by the

Council 4 A Mayoral Scheme of Delegation At the Annual Meeting of the Council, the Mayor will present a written

record of delegations made by him/her in relation to executive functions, for inclusion in the Council’s scheme of delegation. The document presented by the Mayor must contain the following information in relation to the ensuing municipal year:- (i) The names, addresses and wards of the people appointed to the

Executive by the Mayor. (ii) The nature and extent of the authority delegated to the Executive

acting collectively as a whole, including details of any limitation on the delegated authority

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(iii) The nature and extent of the authority delegated to committees of the Executive, including the constitution and terms of reference of any such committees appointed, and the names of the Executive members who are to serve on them, and details of any limitation on their delegated authority

(iv) The nature and extent of any authority delegated to individual

members of the Executive, including the names of the people to whom such power has been delegated and details of any limitation on the delegated authority

(v) The nature and extent of any authority delegated to individual ward members, including the names of the people to whom such power has been delegated and details of any limitation on the delegated authority

(vi) The nature and extent of any authority delegated to individual

officers, including the names of the people to whom such power has been delegated and details of any limitation on the delegated authority

(vii) The nature and extent of any authority delegated to area

committees, joint committees or other authorities including the name of the body to whom power has been delegated, its composition (where appropriate) and details of any limitation on the delegated authority

5 Sub-delegation of Executive functions

(a) If the Mayor delegates functions to the Executive, unless he/she

decides otherwise, the Executive may delegate further to a committee of the Executive, an area committee, to an officer, to any joint arrangements, or to another authority.

(b) If the Mayor delegates executive functions to a committee of the

Executive, the Committee may delegate further to an officer of the Council or an area committee.

(c) If the Mayor delegates executive functions to an individual member

of the Executive, that member may delegate further to an officer or an area committee.

(d) Where executive functions have been delegated, that fact does not

prevent the discharge of those functions by the person or body who delegated them.

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6 The Council’s scheme of delegation and executive functions (a) The Council’s scheme of delegation is appended to the Constitution at

Part VIII. It contains the details set out in Article 15 and may be amended from time to time. This includes details of the Mayoral scheme of delegation.

(b) During the year, amendments to the Mayoral scheme of delegation may

be made as follows:-

• The Mayor may amend the Mayoral scheme of delegation of executive functions at any time during the year. To do so the Mayor must give written notice to the proper officer and report those changes to the next ordinary Council meeting. When the Mayor seeks to amend or withdraw delegation to a committee, he/she must give notice to all members of that committee.

• The notice to the proper officer will set out the extent of the proposed amendment to the scheme of delegation and whether it entails the withdrawal of delegation from any person, body, committee of the Executive or the executive as a whole. It must also set out details of the nature and extent of any alternative delegations made to any person body, committee of the Executive, or the Executive as a whole. The amendment will take effect on the date when the proper officer gives notice to all councillors to that effect.

7 Executive spokespersons

If the Mayor decides not to delegate any decision making powers to any individual member of the Executive, he/she may still appoint members from within the Executive to be the Council’s spokesperson, with the Mayor, on all matters within such portfolio of activity as the Mayor decides. Such members will speak on behalf of the Executive in relation to all matters within their allocated portfolio, unless the Mayor decides to the contrary. Each spokesperson will ensure that reports on matters within their portfolio are considered by the Executive. Nothing in this rule implies that any executive member is empowered to make any decisions alone unless that power is specifically delegated by the Mayor in accordance with these Rules, and then any such powers will be subject to any limitation placed on them by the Mayor.

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8 Assistants

The Mayor may invite non-Executive members of the Council to act as Assistants to the Executive in any year. There may be up to one Assistant for each of the portfolios established within the Executive. The Assistant would be a point of liaison between an Executive portfolio holder and the non-Executive members of the Council in relation to any matter within the portfolio holder’s area, but they would have no formal decision making powers. The Assistant would not be obliged to accept the Mayoral invitation. Holders of the following positions may not become Assistants to the Executive

• The Chair of Council

• The Mayor

• Members of the Executive

• The Chair of the Overview and Scrutiny Committee

• The Chair of any Overview and Scrutiny Select Committee

• The Chair of the Strategic Planning Committee

• The Chair of a Planning Committee The Mayor will keep under review the role and number of Assistants to the Executive should he/she wish to appoint them. In the event that the Mayor chooses to appoint any Assistants to the Executive, within 1 month of the appointment, the Mayor will provide a written notification to the Proper Officer of the areas of liaison in which the Assistant is to be involved, and that notification will be sent by the Proper Officer to all members of the Council.

9 Conflicts of interest

Members of the Executive, including the Mayor, are subject to the same rules relating to ethical matters as all members of the authority. They are bound to comply with the Code of Conduct appearing at Part V of this Constitution. Where decisions are taken collectively by the Executive, an individual member must declare and/or withdraw from consideration of a matter where the Code of Conduct requires that they do so. If a decision falls to be made by the Mayor alone or an individual member of the Executive and that person has a declarable interest under the Code of Conduct then he/she may not take the decision, or consider the matter further on an individual basis. The matter must be delegated elsewhere. Similar provisions apply where an executive decision is to be taken by an individual ward member, save that the decision may also be taken by the Mayor, unless he/she also has a declarable interest in it.

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10 Executive meetings – where and when?

The Executive will meet at least once in each calendar month with the exception of August at times to be determined by the proper officer in consultation with the Mayor. Executive meetings will take place at a location to which the public have access.

11 Executive meetings in public or private

(a) Except when it considers a matter which, if considered in public, would entail the disclosure of confidential or exempt information within the meaning of Schedule 12A Local Government Act 1972 the Executive will meet in public if it meets to consider any item in respect of which any key decision may be made at the meeting.

(b) Subject to the exemptions relating to confidential and exempt

information, the Executive may only meet in private in the following circumstances:-

i. it meets to consider a matter which does not involve a key

decision

ii. it meets in the presence of an officer, other than a political or Mayoral assistant, to consider a matter in respect of which a key decision will be made, but the date for such decision included in the forward plan is more than 28 days after the date of the meeting.

iii. at any time it meets without officers present (save for a political

or Mayoral assistant) to consider a matter in respect of which a key decision is to be made

iv. it meets with officers for the purposes only of briefing

(c) The provisions relating to Access to Information for both Executive and other meetings of the Council, and the rules relating to confidential and exempt information are set out in full at Part G - Access to Information Rules.

12 Quorum

The quorum for a meeting of the Executive or a committee of it will be one quarter of the total number of people on the Executive, or 3, whichever is the larger. A meeting of the Executive or a committee of it will not be

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quorate if neither the Mayor nor Deputy Mayor is present unless five other members of the Executive are present.

13 How are decisions to be taken by the Executive?

The Executive will adhere to the principles of decision making set out in Article 16 of the Constitution in the same way as the Council itself, its committees and sub committees. When the Mayor or any other member(s) make any executive decision, they will do so on the basis of written reports which contain service, legal and financial implications as well as a consideration of options where necessary. Members will only take such executive decisions in the presence of the Head of Paid Service, Chief Finance Officer or Monitoring Officer or their nominee. Each of them has a right to attend any meeting of the Executive and all other Council meetings. All decisions made by members must be recorded by the proper officer in accordance with Rule G20 (content of record of decisions) and the decision will not be deemed to be made until such a record is made and publicised in accordance with Rule 16 below. Any reports written by officers for consideration by the Executive, whether by the Executive collectively, the Mayor or another individual member, whether for consideration in public or private, shall contain service, corporate, legal and financial considerations.

14 Who may attend Executive meetings The Access to Information Rules relating to the Executive are set out in this Part IV at Section G.

15 What business is to be conducted at Executive meetings?

At each meeting of the Executive the following business will be conducted:

(a) consideration of the minutes of the last meeting;

(b) declaration of interests if any;

(c) matters referred to the Executive (whether by the overview and

scrutiny committee, its Business Panel, a select committee, a joint select committee or the Council) for reconsideration or response by the Executive in accordance with the rules relating to call in or the councillor’s call for action or any other provisions contained in the

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Overview and Scrutiny Procedure Rules, or the Budget and Policy Framework Procedure Rules set out in Part IV of this Constitution;

(d) consideration of reports from overview and scrutiny committees;

(e) consideration of reports from local assemblies [and from Positive Ageing Council?]

(f) matters set out in the agenda for the meeting, which shall indicate which are key decisions and which are not in accordance with the Access to Information Procedure Rules set out in Part IV of this Constitution.

16 A programme of business

(a) As soon as practical in each year the Executive will establish a programme of business for the remainder of the year to the extent that it is possible to do so.

(b) Items for consideration by the Executive may be rescheduled as

necessary during the course of the year 17 Publication of decisions

(a) Within 2 working days of an Executive decision being taken it shall be published by the proper officer at the Town Hall and sent to all members of the Council, where possible by electronic means. Decisions will also be recorded in a central register kept by the proper officer which will be available to all members of the Council and the public.

(b) The period during which any decision may be ‘called in’ under

these Procedure Rules (see Part F Rule 14) will only begin to run when notice of a decision has been published at the Town Hall in accordance with this rule.

18 Consultation

All reports to the Executive on proposals relating to the budget or policy framework will contain details of the consultation with stakeholders and relevant overview and scrutiny committees that has been carried out. Reports on other matters must set out the details and outcome of consultation as appropriate. The level of consultation required will be as the Council considers appropriate to the matter under consideration.

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19 Who can put items on the agenda for a meeting of the Executive?

The following people may place an item on the agenda for consideration by the Executive:- (a) The Mayor

(b) Any member of the Executive

(c) The proper officer will ensure that an item is placed on the agenda

for the next available meeting of the Executive if so requested by the Business Panel, by the Council or by the Overview and Scrutiny Committee or any relevant sub-committee in response to a referral made under part E10 or E22 of these rules. Such items will be placed on the agenda in the order in which the request is made of the proper officer that they be so considered and there may only be two such items on the agenda of any Executive meeting unless the Mayor agrees to the contrary.

(d) Any member of the Council may request the Mayor to put an item on the agenda for an Executive meeting. If the Mayor agrees the item will be considered at the next available Executive meeting. The agenda will state that the item was referred to the Executive at the request of the individual member and will state the name of the member concerned who will be invited to attend the meeting and to address the Executive on the issue in question.

(e) The Head of Paid Service, Monitoring Officer or the Chief Finance

Officer may include an item for consideration by the Executive. (f) Local assemblies. Restricted to a maximum of two such items on

any agenda, items will be prioritized in the order they are received. Any not placed on the agenda will have priority for the next agenda, subject always to the maximum of two such referrals per agenda. Only one referral may be made by any local assembly to the Mayor and Cabinet in any twelve month period, unless the Mayor agrees to the contrary.

(g) The Positive Ageing Council may make referrals to the Mayor and

Cabinet provided that the referral has been approved by a general meeting of the Positive Ageing Council.

20 No co-optees or substitutes There may be no formal co-optees or substitutions to the Executive.

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21 Attendance of Executive members at overview and scrutiny meetings

The Mayor and Deputy Mayor (in respect of any executive function) and any other Executive member (in respect of any executive function within their portfolio) may be required to attend any meeting of the Overview and Scrutiny Committee, or any of its select committees or the Business Panel. If so required they will attend to give account for Executive action and/or performance as set out in Rule E 17. (OSC power to require attendance). Similar provisions apply to individual ward members to whom the Mayor has delegated decision making powers within their ward.

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E - OVERVIEW AND SCRUTINY PROCEDURE RULES 1. Arrangements for overview and scrutiny

The Council will have an overview and scrutiny committee as set out in

Article 6 of the Constitution and will appoint to it as it considers appropriate from time to time. The overview and scrutiny committee will appoint the select committees, Business Panel and Education Business Panel as set out in Article 6. The Council may also establish and appoint to joint select committees in accordance with Article 6. The Council may amend its overview and scrutiny arrangements from time to time in accordance with that Article.

2. Constitution and terms of reference

The constitution and terms of reference for the overview and scrutiny

committee and its select committees and Business Panel will comply with the law and will be as set out in Article 6 or as amended from time to time. At its first meeting the overview and scrutiny committee will establish those select committees and Business Panels set out in Article 6.

3. Who may sit on overview and scrutiny committee?

All councillors except members of the Executive may sit on the overview and scrutiny committee. However, no member may be involved in scrutinising a decision which he/she has been involved in making.

4. Co-optees

Save for the Safer & Stronger Communities Select Committee, the Council’s arrangements for overview and scrutiny do not currently provide that co-optees may be appointed to its overview and scrutiny committee, its select committees or Business Panel. Subject to legislation to the contrary, co-optees on any overview and scrutiny committee or sub-committee or Business Panel, may not vote, unless the Council approves a scheme permitting co-optees to vote in accordance with paragraphs 11 and 12 of Schedule A1 Local Government Act 2000 as amended or other relevant legislation in force from time to time.

However diocesan and governor representatives are appointed to the

Education Business Panel and the Children & Young People Select Committee. By law these have voting rights.

Voting co-optees (where appointed in accordance with a scheme) and the education and parent representatives on Education Business Panel and

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the Children and Young People Select Committee may not chair those bodies

The Council will secure the involvement of the local community and other stakeholders by other means such as taking evidence from them, and by a variety of consultative methods. The Council may amend its arrangements to provide for co-optees to be appointed at any time.

5. Education representatives The Council will appoint to its Children & Young People Select Committee, the Education Business Panel and to any relevant overview and scrutiny

body dealing with education matters the voting representatives set out in the table appearing in Article 6.3 of the constitution

6. Meetings – where and when

There will be at least 1 meeting of the main overview and scrutiny committee per year, and at least 3 meetings of the select committees per year. Meetings will take place at such times and locations as the proper officer thinks fit. Meetings of the overview and scrutiny committee, a select committee, Business Panel or the Education Business Panel may be called by:-

(a) The chair of that committee, select committee or Business Panel

(b) Any five members of the relevant committee, select committee or

Business Panel by request in writing to the proper officer

(c) The Head of Paid Service, Chief Finance Officer or Monitoring Officer

7. Quorum

The quorum for an overview and scrutiny committee, select committee, Business Panel or Education Business Panel is one quarter of the entire membership or three, whichever is the larger.

8. Who chairs overview and scrutiny committees

At the first meeting in the municipal year, the overview and scrutiny committee will appoint a Chair to preside at its meetings for the coming year, and that person shall also chair the Business Panel and the Education Business Panel. The Committee will also appoint a Vice-Chair who will preside in the absence of the Chair. The Vice-Chair will also be Vice Chair of the Business Panel and the Education Business Panel.

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The Chairs and Vice Chairs of the Overview and Scrutiny Select Committees will be allocated in accordance with the proportion of seats held by the political groups on the Council. In the absence of the Chair and Vice Chair at any meeting of the overview and scrutiny committee, its select committees or the Business Panels, the meeting will appoint a Chair for that meeting from amongst those members present. Neither the Chair of Council nor the Vice Chair of Council, education and parent/representatives nor any co-optee may chair the overview and scrutiny committee, a select committee or the Business Panels.

9. Work programme

(a) At the beginning of the municipal year, each select committee will draw

up a draft work programme for that year. In doing so it will specifically take into account the views of members of that select committee who are not members of the largest political group. The select committee will submit the draft to the Business Panel for consideration normally by the end of May each year.

(b) The Business Panel will then consider the proposed work programmes

of each of the select committees and devise a co-ordinated overview and scrutiny work programme which avoids duplication of effort and facilitates the effective conduct of business. The Business Panel may amend the work programme of any of the select committees but will not normally do so unless it is necessary to ensure the effective conduct of Council business. Once the Business Panel has approved the select committee work programme, the select committee will implement it.

10. Agenda items

(a) Members of the Committee/Sub-Committee/Business Panel

Each member of the overview and scrutiny committee, select committees and Business Panels is entitled to refer a matter relevant to the work of that committee/sub-committee or Business Panel to be placed on the agenda for, and discussed at, a meeting of the overview and scrutiny committee/select committee/Business Panel of which they are a member. Requests for items to be placed on the relevant agenda should be made to the proper officer, who will comply.

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b) Members who are not members of the Overview and Scrutiny Committee/Sub-Committee/Business Panel

Any member may refer to an overview and scrutiny committee or sub-committee/Business Panel, of which they are not a member, any matter relevant to its work, provided it is not an excluded matter. In deciding whether to do so, the member must first have regard to any guidance issued by the Secretary of State. For the purpose of this paragraph, excluded matters are those:- (i) relating to Planning decisions; (ii) relating to Licensing decisions; (iii) relating to a matter in respect of which the person has a right of

recourse to review or a right of appeal under any enactment; (iv) which are vexatious, discriminatory or not reasonable to be

included on the agenda, or discussed at, a meeting of the overview and scrutiny committee/sub-committee/Business Panel.

(v) A local crime and disorder matter (which is subject to separate provisions see paragraph 22 below).

However where the matter consists of an allegation that a Council function has not been discharged at all, or that the Council has failed/is failing on a systemic basis, it is not an excluded matter notwithstanding that it relates to a Planning or Licensing decision, or a decision where there is a right of recourse to review or a right of appeal under any enactment.

(c) The Council and/or the Executive

The Council or the Executive may request that an overview and scrutiny committee/select committee or Business Panel investigate and/or review and/or report on any particular area of Council activity or matter of concern to local people. The overview and scrutiny committee, select committee or Business Panel will respond to such requests as soon as their work programme permits. Where the overview and scrutiny committee/select committee/Business Panel produces a report to the Executive and/or the Council, the Council and/or the Executive will consider the report within 2 months of receiving it.

11. Handling referrals to overview and scrutiny bodies

(a) In deciding whether to exercise its powers in relation to a referral under paragraph 10(b) above, the overview and scrutiny

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committee/select committee/Business Panel may have regard to any powers exercisable by the member under Section 236 Local Government and Public Involvement in Health Act 2007 (exercise of functions by councillors) and any representations by the member as to why it is appropriate for the committee/sub-committee/Business Panel to exercise its powers.

(b) If the committee/sub-committee/Business Panel decides not to

exercise its power in relation to the matter, it must notify the member of its decision and the reasons for it.

(c) Subject to the provisions relating to confidential and exempt

information in place from time to time, the committee/sub-committee/Business Panel must give the referring member a copy of any report/recommendations it provides to the Council/Executive.

12. Duty of Executive/Council to respond to overview and scrutiny

reports (a) When the overview and scrutiny committee or a select committee or

Business Panel makes a report and/or recommendations to the Council or to the Executive (other than one under Section 19 Police and Justice Act 2006), the overview and scrutiny committee/select committee/Business Panel may publish its report and/or recommendations and must give notice in writing to the Council or the Executive requiring the Council or the Executive, within 2 months of receipt by the Council or Executive of the report/recommendations, or (if later) the notice:-

1) to consider the report or recommendations 2) to respond to the overview and scrutiny committee/sub

committee/business panel indicating what (if any) action it intends to take

3) if the overview and scrutiny committee/sub committee/business panel has published its report/recommendations to publish its response, and

4) if the overview and scrutiny committee/sub committee/business panel provided a copy of its report/recommendations to a member referring a matter to it, to provide a copy of the response to that member.

(b) It shall be the duty of the Executive or Council served with a notice to

respond to comply with the notice within 2 months of receipt of the report/recommendations or if later, the notice.

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(c) Requirements in relation to publication in this paragraph are subject to the provisions relating to confidential/exempt information in place from time to time .

(d) The Secretary of State may amend the requirements relating to the

referral of matters to the Executive or Council by overview and scrutiny bodies, and the publication of reports and responses. Where such amendments are made, they shall supersede the provisions of the Constitution and shall be deemed to be incorporated into it.

13. Confidential and exempt information in overview and scrutiny reports

and responses This paragraph applies to (1) the publication of any document which is:-

• an overview and scrutiny committee/select committee report/business panel and/or recommendations to the Executive and/or the Council, or

• the Executive and/or Council response to that report/recommendations

(2) the provision of any such document to

• a member who referred the matter to the overview and scrutiny committee committee/select committee/Business Panel,; or

• the provision of such a document to a partner authority. The overview and scrutiny committee/select committee/business panel or Council/Executive in publishing the document or providing it to a partner authority must exclude confidential information and may exclude exempt information. If information is excluded on the grounds that it is confidential or exempt, the overview and scrutiny committee/select committee/ business panel/Council may replace so much of the document as has been excluded with a summary which does not disclose that information, and must do so if as a consequence of excluding the information the published document would be misleading or not reasonably comprehensible.

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For the purpose of this paragraph 13, exempt and confidential information have the meaning set out in Section 100A and 100I Local Government Act 1972 as amended.

14. Information from and reports concerning partner authorities 14.1 The overview and scrutiny committee, select committees and the Business

Panel may request in writing such information of relevant partner authorities as is reasonably required to discharge their functions in relation to the area and its inhabitants. Subject to certain exceptions set out by law from time to time, the relevant partner authority must respond.

14.2 The overview and scrutiny committee, its select committees and/or

Business Panel may make a report/recommendations to the Council/Executive about the functions of a relevant partner authority exercisable in the area or in relation to its inhabitants.

14.3 Where it does so, the overview and scrutiny committee/select

committee/Business Panel may give written notice to the partner authority requiring it to have regard to the report/recommendations in exercising its functions. Such notice must be accompanied by a copy of the report/recommendations and it will be the duty of the partner authority to comply with the notice.

14.4 ‘Relevant partner authority’ means any person which is a partner authority

for the purposes of Chapter 1 Part 5 Local Government and Public Involvement in Health Act 2007 other than a chief officer of police. This includes, but is not limited to, a fire and rescue authority, a joint waste authority, a waste disposal authority, Transport for London, the Arts Council, English Sports Council, the Environment Agency and the Health and Safety Executive.

14.5 Paragraph 14.2 does not apply to a health body (ie NHS Trust, NHS

foundation trust or a primary care trust) if the report has been given to that body under provisions relating to the scrutiny of health (see paragraph E23 below).

14.6 This paragraph does not apply to a report/recommendations about a crime

and disorder matter under Section 19 Police and Justice Act 2006 about which there are separate provisions applying to overview and scrutiny (see E 22 below).

15. Policy review and development (a) The role of the overview and scrutiny committee and its select committees

and the Business Panel in relation to the development of the Council’s

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budget and policy framework is set out in detail at Section F of this Part IV, the Budget and Policy Framework Procedure Rules.

(b) The overview and scrutiny committee, or as appropriate its select

committees and/or the Business Panel may also make proposals to the Executive for development of strategic policy matters that do not form part of the policy and budget framework in so far as they relate to matters within their terms of reference.

(c) Overview and scrutiny select committees and the Business Panel may

make enquiries and investigate the options for future direction in policy development and may appoint advisers and assessors to assist them in that process. They may go on site visits, conduct public surveys, hold public meetings, commission research and do all other things they reasonably consider to inform their deliberations. They may ask witnesses to attend to address them on any matter under consideration and pay advisers, assessors and witnesses a reasonable fee and expenses for doing so.

(d) Once the overview and scrutiny select committee or Business Panel has

formed recommendations for development of policy it will submit that report to the Executive for consideration. As soon as reasonably practicable after receiving the report (usually within 6 weeks) the Executive will consider the report together with a report from the relevant Executive Director(s), or their nominee(s), setting out officers' comments on the recommendations or proposals and their proposed response to the select committee or Business Panel. The referring Select Committee or Business Panel will be advised at their next meeting of the date upon which the Executive is programmed to consider the proposed response. The formal response approved by the Executive will then be referred back to next available meeting of the Select Committee or Business Panel. If the recommendations would entail a change to the policy framework or the budget, then those changes can only be effected with the approval of Council.

(e) The agenda for each Executive meeting will include an item “Issues

referred by Overview and Scrutiny”. Reports from the select committees and/or the Business Panel will be included at this point, unless they have been considered in relation to a substantive item on the agenda within one month of the receipt of the report from overview and scrutiny.

(f) If the Mayor has not delegated powers in relation to the matter which is the

subject of an overview and scrutiny report, or where he/she has delegated power to an individual member of the Executive, then the report will be submitted to the Mayor and relevant member and to the proper officer. The relevant individual member / the Mayor will consider their response,

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taking appropriate advice including service, legal and financial advice and will respond to the report in writing, copies of which will be given to the proper officer and reported to the next available meeting of the Executive.

(g) The overview and scrutiny committee will in any event have access to the

Executive’s forward plan in accordance with Rule G 14. Even where an item has not been the subject of a detailed review, a select committee and/or Business Panel may have views which it wishes to express on an up and coming matter. Where this is the case, a copy of those views will be given to the proper officer at least 10 days before the Executive is due to make a decision on the matter in question. The proper officer will ensure that those views are brought to the attention of the decision maker before the decision is made. The record of the decision will specifically deal with the decision maker’s response to the overview and scrutiny comments.

(h) Local Assemblies may ask the overview and scrutiny committee to

address issues of concern in their locality. Where they do so, the matter will be referred by the Business Panel to the appropriate select committee for response if the Business Panel considers that it is appropriate to do so.

16. Rights of overview and scrutiny committee members to documents (a) In addition to their rights as councillors, members of the overview and

scrutiny committee have additional rights to documents, and to notice of meetings set out in the Access to Information Rules at G12.

(b) Nothing in these Rules prevents liaison between the Executive and select

committees/Business Panels as appropriate. 17. Members and officers giving account (a) The overview and scrutiny committee, its select committees and Business

Panel may scrutinise and review decisions made or actions taken in connection with the discharge of Council functions within their overview and scrutiny remit. They may review documentation and may require the Mayor, Deputy Mayor and any other member of the Executive, ward member exercising delegated decision making powers, or the Chief Executive and/or any Executive Director to attend before it to explain in relation to matters within their remit:-

• any particular decision or series of decisions

• the extent to which actions taken implement Council policy

• their performance

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and it is the duty of those persons if requested to attend.

(b) In addition, those officers listed in the Council’s Petition Scheme (appearing at Appendix 2 to the Constitution) may also be required to attend before a relevant overview and scrutiny committee, sub-committee or Business Panel in accordance with that scheme.

(c) Where a member or officer is requested to attend under this rule, the relevant chair will inform the proper officer. The proper officer will inform the person concerned in writing giving at least 7 working days notice of the meeting at which they are asked to attend. The notice will give detail of the item on which they are required to attend and whether any papers are required for the committee. If the account to be given requires the production of a report, then the member or officer required to attend will be given enough time to prepare it. (d) Where exceptionally the member or officer is unable to attend as required, an alternative date will be arranged (e) The overview and scrutiny select committees and the Business Panels may invite people other than members and officers to address them on matters of local concern and/or answer questions. It may, for example, wish to hear from other service providers, local residents and stakeholders, and may invite them to attend. 18. Call In

(a) Executive decisions will be deemed to have been made only when

• made at a meeting of the Executive at which at least one of the Council’s statutory officers was present or represented; or

• if made by an individual member, in the presence of one of the Council’s statutory officers or their duly authorised representatives

and in either case, unless the decision is a matter of urgency to which Rule 19 below applies, the decision has been recorded and published. No action may be taken in respect of any decision which has not been made as a matter of urgency in accordance with Rule 19, until it has been published

(b) When an executive decision is made by

• the Mayor

• the Executive

• a committee of the Executive

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• an individual member of the Executive

• an individual ward member

• an officer (if it is a key decision)

• an area committee

• joint arrangements

the decision will be published by the proper officer, including where possible by electronic means, and will in any event be available at Lewisham Town Hall, within two days of being made. Copies of the decisions will be sent to all members of the Council’s Business Panel within the same timescale by the proper officer. If the decision relates wholly or partly to an education function of the Executive such notice will be sent to all Members of the Education Business Panel.

(c) The notice will bear the date on which it is published and will specify that the

decision will come into force on the expiry of seven working days after the publication of the decision unless the relevant Business Panel objects to it and calls it in. However if the decision has been taken in accordance with Rule 19 below, it will be effective on publication of the notice.

(d) The proper officer shall convene a meeting of the relevant Business Panel to take

place once every 15 working days. He/she will refer executive decisions to the next meeting for consideration if so requested in writing by the Chair or Vice Chair of the relevant Business Panel, any three members of it, or any five members of the overview and scrutiny committee. All such requests must be received by the proper officer by noon on the working day before the meeting. If no such request is made then the arranged meeting of the Business Panel or Education Business Panel will be vacated unless there is other business to be conducted at it. The proper officer will notify members of any vacated meeting by electronic means and arrange for the publication of a cancellation notice on the council website and at the Town Hall Decisions that are not referred to the relevant Business Panel will automatically become effective on the expiry of the seven working day period. The Mayor (or other decision maker) will be entitled to attend the meeting of the Business Panel at which a decision made by them is under consideration for call in.

(e) If an executive decision is called in within the seven day period, then the decision shall not be implemented pending the conclusion of the call in procedure. (f) When the relevant Business Panel considers the Executive decision it may either

• Take no action, in which case the decision becomes effective on the conclusion of the Business Panel meeting at which it was considered; or

• Refer the matter back to the decision maker for reconsideration.

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• Refer the matter to full Council, if it appears that the decision which the Executive has taken is contrary to the policy framework, or contrary to or not wholly consistent with the budget.

(g) When the Business Panel meets to consider whether to call in an

executive decision it may request the decision maker to attend to explain the decision. Wherever possible, the decision maker will attend.

(h) Where the relevant Business Panel refers the matter back to the decision

maker or to the Council, it must set out its reasons for doing so in writing. The proper officer will ensure that these reasons are brought to the attention of the Council or the decision maker when they consider the matter.

(i) If the matter is referred back to the decision maker, they must then

reconsider their decision within seven working days of the date on which it is referred back to them in writing by the proper officer. The decision maker may amend the decision or not, before adopting a final decision. The final decision will be recorded by the proper officer and published. This decision is not subject to call in. The Chair (or in his/her absence the Vice-Chair) of the Business Panel calling in any decision will be entitled to attend and speak at any meeting of the Mayor and Cabinet at which the original decision is being re-considered. If the decision was made by the Mayor acting alone, or by an individual member of the Mayor and Cabinet, or an individual officer, the Chair (or in his/her absence the Vice-Chair) of the relevant Business Panel may attend when that person reconsiders their decision to address them before their further decision is made.

(j) If the matter is referred to Council, then:-

• the Council must meet within 10 working days of the decision of the relevant Business Panel to refer it to Council, to consider the matter. If the Council does not meet, then the decision becomes effective on expiry of the 10 day period, unless the Monitoring Officer advises that the decision would be ultra vires, in which case the decision will not be effective until the Executive has formally considered the advice of the Monitoring Officer.

• If, when the Council meets, it does not object to a decision made by the Executive, (either because it is of the view that the original decision was consistent with the budget and policy framework or it has amended the budget and/or policy framework to accommodate it,) the decision will become effective immediately on the conclusion of the Council meeting at which it is considered

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• If, when the Council meets, it does object to the Executive decision, but it is not contrary to the policy framework or contrary to or wholly inconsistent with the budget, the Council has no power to change the Executive’s decision. It must refer the matter back to the decision maker with its comments in writing. The decision will not be effective pending reconsideration by the decision maker, who may or may not amend the original decision in the light of Council comments before making a final decision.

(k) The Council will put in place call-in arrangements in relation to executive

decisions made by area committees if the Council appoints such bodies and the Mayor decides to delegate to them, and those call-in arrangements once agreed will form part of this Constitution.

19. Call In and Urgency (a) The call in procedure set out in Rule 18 above shall not apply where the

decision being taken is urgent. A decision will be urgent if the delay likely to be caused by the call in process would seriously prejudice the interests of the Council or the public. The Chair of Council, and in his/her absence the Vice Chair, must agree in writing both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the Chair and Vice Chair, the consent of the Chief Executive, or his/her nominee is required. Decisions taken as a matter of urgency under this Rule must be reported to the next ordinary meeting of the Council together with the reason for urgency.

(b) The operation of these provisions relating to call in and urgency shall be

monitored annually and a report submitted to the Council with proposals for review if appropriate.

20. The party whip

When considering any matter in respect of which a member of the overview and scrutiny committee is subject to a party whip, members must declare the existence of the whip and the nature of it before the commencement of the deliberations on the matter. The declaration and the detail of the whipping arrangements shall be recorded in the minutes of the meeting.

21. Procedure at overview and scrutiny meetings

(a) The business to be conducted at meetings of the overview and scrutiny

committee, its select committees and the Business Panels will be:-

• Minutes of last meeting

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• Declarations of interest (including whipping declarations)

• Responses of the Executive to reports from that committee, select committee or panel

• The business set out in the agenda for the meeting.

(b) In addition the Business Panels will consider, immediately after the declarations of interest any matters referred to it for call in.

(c) When the select committees or a Business Panel conduct investigations

(for example with a view to policy development), the select committee/Business Panel may also ask people to attend to give evidence at meetings which are to be conducted in accordance with the following principles:-

• That the investigation will be conducted fairly and all members of the committee be given the opportunity to ask questions of attendees and to contribute and speak;

• That those assisting the committee/select committee/panel will be treated with respect and courtesy;

• That the investigation will be conducted so as to maximise the efficiency of the investigation or analysis.

22. Overview & Scrutiny of Crime and Disorder Issues 22.1 Definitions

For the purposes of these procedure rules:- “responsible authority” means those defined as such by S5 of the Crime and Disorder Act 1998 and any amendments thereto from time to time (currently the Council and the Police) “co-operating person or body” means those defined as such by S5 of the Crime and Disorder Act 1998 and any person prescribed as such by the Secretary of State from time to time (currently the probation service) “crime and disorder functions” are those functions conferred by or under Section 6 Crime and Disorder Act 1998.

22.2 Remit

The Council appoints an overview and scrutiny committee or sub committee to fulfil the overview and scrutiny function in relation to the

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discharge by responsible and co-operating persons/bodies of their crime and disorder functions, as required by S19 Police & Justice Act 2006 as amended from time to time, and all other relevant legislation. The overview and scrutiny select committee with these functions is the Safer Stronger Communities Select Committee (see art 6.6).

22.3 Co-optees

The Safer Stronger Communities Select Committee may co-opt additional members to serve on that select committee. Any such co-optee is not entitled to vote on any particular matter unless the Select Committee so decides and it may only do so in accordance with a co-option scheme agreed by the Council. A co-optee’s membership may be limited to the exercise of the select committee’s powers in relation to a particular matter or type of matter.

22.4 Withdrawal of co-option

Membership of a person co-opted to serve on the Safer Stronger Communities Select Committee may be withdrawn at any time by the select committee.

22.5 Request for information

The Safer Stronger Communities Select Committee may make a written request to a responsible body or co-operating person or body for information relating to (a) the discharge, or decisions made or other action taken in connection

with the discharge of their crime and disorder functions, or (b) local crime and disorder matters in respect of which the select

committee has overview and scrutiny functions by virtue of s19 of the Police and Justice Act 2006.(see para 22.10 below)

22.6 Supply of information

Where a written request is made for information, the responsible authority/co-operating person or body must provide the requested information. It should be supplied no later than the date indicated in the request, but if some or all of the information cannot reasonably be provided by such date, it must be provided as soon as reasonably possible.

22.7 Nature of information to be provided

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The information provided (a) must be de-personalised unless the identification of an individual is

necessary or appropriate to enable the Safer Stronger Communities Select Committee to properly exercise its powers; and

(b) shall not include information that would be reasonably likely to

prejudice legal proceedings or current or future operations of the responsible authorities, whether acting together or individually, or of the co-operating person or bodies.

22.8 Attendance

The Safer Stronger Communities Select Committee may require the attendance before it of an officer or employee of a responsible authority or of a co-operating person or body in order to answer questions. The select committee will give reasonable notice of the intended date of attendance. In the absence of reasonable notice, the person will not be required to attend.

22.9 Reports and Recommendations

If the Safer Stronger Communities Select Committee makes a report or recommendation to a responsible authority or to a co-operating person/body, that person or body must respond to the report/recommendation in writing within 28 days of the date of making the report/recommendation, or if this is not reasonably possible, as soon as reasonably possible after that.

22.10 Agenda Items

(a) Any member of the Council may refer a local crime and disorder matter to the Committee for inclusion on the agenda and for discussion at a meeting of the select committee.

(b) In deciding whether to exercise its powers in response to the referral

the select committee will have regard to any powers available to the referring member by virtue of Section 236 Local Government in Health Act 2007 (exercise of functions by councillors) and any representations made by the referring member as to why it would be appropriate for the select committee to exercise its powers.

(c) If the select committee decides not to exercise its powers it will inform the referring member and give reasons for its decision.

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(d) Where the select committee makes a report/recommendations it must supply a copy to the referring member and a copy to the responsible authorities and co-operating bodies/persons as it considers appropriate. It must inform those authorities/bodies that they must respond indicating what action (if any) they intend to take and that they must have regard to the report/recommendations in exercising their functions. A response must be made within 28 days or if that is not possible as soon as is reasonably possible thereafter.

(e) For the purposes of paragraph 22.9, a “local crime and disorder matter” means a matter concerning crime and disorder, in particular forms of crime and disorder that involve antisocial behaviour or other behaviour adversely affecting the local environment or the misuse of drugs, alcohol or other substances affecting all or part of the ward for which the member was elected or any person who lives or works in that area.

23 Scrutiny of health matters 22.1 The Council has appointed the Healthier Communities Select Committee

to carry out, among other things, the scrutiny of health bodies under the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002.

22.2 The Healthier Communities Select Committee may review and scrutinise

any matter relating to the planning, provision and operation of health services in the area.

22.3 The Healthier Communities Select Committee may make reports and

recommendations to local NHS bodies and to the Council/Executive on any matter reviewed or scrutinised by it. Such reports will contain an explanation of the matter reviewed, a summary of the evidence considered, a list of participants involved in the review and any recommendations made.

22.4 The Healthier Communities Select Committee may request a response

from the NHS body to whom it has made a report and the NHS body is under a duty to provide one within 28 days of the request.

22.5 NHS bodies must, subject to certain exceptions, consult the Healthier

Communities Select Committee about any proposal for substantial variation in, or substantial development of, a service in the area, and where consulted the Select Committee is entitled to comment, and in appropriate cases the Select Committee may make referrals to the Secretary of State under the 2002 Regulations.

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22.6 The Healthier Communities Select Committee may require a local NHS body to provide such information about the planning, provision and operation of health services in the Borough as the Select Committee reasonably requires and the NHS body is under a duty to provide it subject to certain exceptions set out in regulation.

22.7 Subject to any directions made by the Secretary of State, the Healthier

Communities Select Committee may require an officer of a local NHS body to attend before it to answer questions, and it shall be the duty of such an officer to comply, provided reasonable notice of the requirement to attend has been given.

22.8 The Council may from time to time appoint joint committees to discharge

the overview and scrutiny function in relation to local health bodies and may delegate relevant overview and scrutiny functions to another authority’s overview and scrutiny committee where it considers that that other authority would be better placed to undertake the function and that other Council agrees to do so.

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F – BUDGET AND POLICY FRAMEWORK RULES

This section deals with the way in which the Council will reach agreement on the budget and policy framework. The wording set out below closely follows the wording of the Local Authorities (Standing Orders) (England) Regulations 2001. The section provides that the Executive will make proposals for budget and policy framework, and if the Council objects it may refer the Executive proposals back to it for re-consideration. When the matter comes back to the Council for a second time, the Council may only overturn the Executive proposals, whether or not they have been amended, if two-thirds of the members present vote in favour of doing so. Where there is any discrepancy between this précis and the detailed rules below, the rules prevail. 1 What is the budget and policy framework?

The budget and policy framework are defined in detail at Article 4.2.a. and 4.2.d. Once the budget and policy framework is in place, it is responsibility of the Executive to make decisions which accord with it.

2 Who decides on the budget and policy framework? The Council is responsible for the adoption of the budget and policy framework, though the Executive leads in its preparation for submission to Council.

3 Process for developing the framework (a) After consulting stakeholders in a manner appropriate to the matter

under consideration, the Executive, for each plan or strategy forming part of the policy framework, or budget, will draw up initial proposals for a draft plan or strategy. For the purposes of these rules, ‘plan or strategy’ means

A plan of a description specified in Article 4 (2) (a) or A plan or strategy for the control of the Council’s borrowing or capital requirement or Any other plan or strategy whose adoption or approval is a matter for determination by the Council by virtue of Regulation 5(1) of the Functions Regulations . Once drawn up, the Executive will provide a copy of such draft plan or strategy to the proper officer who will serve copies of it on the Chair of the Business Panel and the Chair of any relevant select

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committee, together with details of the date when the Executive intends to consider them further, which will normally be at least 4 weeks after the service of the notice by the proper officer.

(b) The relevant select committee or Business Panel will be convened

within 10 working days to consider whether to respond to the Executive’s initial proposals and whether any further consultation by it is appropriate. If so the select committee/Business Panel will conduct a consultation exercise, the scale of which will depend on the amount done already by the Executive. The select committee/Business Panel will reflect the outcome of any further consultation carried out in the timescales available in any submission it makes to the Executive.

(c) The Executive will prepare its draft plan or strategy for the Council

to consider having taken into account the views of the select committee/Business Panel, if any are made known to the Executive in the timescales available.

(d) The Council will consider the proposals from the Executive. The

Executive report to it will also set out fairly the views of the Business Panel/ select committee and the Executive response to them.

(e) Before the Council

i. amends the draft plan or strategy; ii. approves for the purpose of its submission to the Secretary of State or any Minister of the Crown for

his/her approval, any plan or strategy (whether or not in the form of a draft) of which any part is required to be so submitted; or

iii. adopts (with or without modification) the plan or strategy

it must inform the Mayor of any objections which it has to the draft

plan or strategy and where objections are raised, must give him/her instructions requiring the Executive to reconsider the draft plan or strategy in the light of those objections.

(f) If the Council does instruct the Mayor in accordance with (f) above,

it must give a period of 10 working days beginning with the day after which the Mayor receives the instructions on behalf of the Executive within which the Mayor may:-

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i. submit a revision of the draft plan or strategy as amended by the Executive (the revised plan or

strategy) with the Executive’s reasons for any amendments made to the draft plan or strategy, to the Council for consideration; or ii. inform the Council of any disagreement that the

Executive has with any of the Council’s objections and the Executive’s reasons for any such disagreement.

(g) Subject to paragraph (i), when the ten day period referred to in

paragraph (f) has expired, the Council must, when

i. amending the draft plan or strategy, or if there is one, the revised plan or strategy; or

ii. approving, for the purpose of its submission to the Secretary

of State or any Minister of the Crown for his approval, any plan or strategy (whether or not in the form of a draft or revised draft) of which any part is required to be so submitted; or

iii. adopting (with or without modifications) the plan or strategy

take into account any amendments made to the draft plan or

strategy that are included in any revised draft plan or strategy, the executive’s reasons for those amendments, any disagreement that the executive has with any of the Council’s objections and the executive’s reasons for that disagreement, which the Mayor submits to the Council or informs the Council of within the period specified.

(h) Where the Council proposes to –

i. amend the draft plan or strategy or, as the case may be the revised draft plan or strategy;

ii. approve, for the purpose of its submission to the Secretary of

State or any Minister of the Crown for his/her approval, any plan or strategy (whether or not in the form of a draft) of which any part is required to be so submitted; or

iii. adopt with modifications the plan or strategy,

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and that plan or strategy (whether or not in the form of a draft), with any proposed amendments or modifications, is not in accordance with the draft plan or strategy, or as the case may be, the revised draft plan or strategy, the question whether to amend, approve or adopt the plan or strategy must be decided by a two-thirds majority of the members of the Council present and voting on the question at a Council meeting.

(j) The provisions for approval of the budget in this Part F applies both

to a budget that complies with principles set by the Secretary of State under Part 5 Chapter 1 Localism Act 2011 and relevant regulations. Where the Council sets a budget in excess of the principles set by the Secretary of State, it must hold a referendum in accordance with relevant regulations and also propose additional measures that would be included in the budget to be effective in the event that the binding referendum does not agree with the imposition of the budget in excess of the Secretary of State’s principles, in order to get a compliant budget.

(k) Subject to paragraph (o), where before 8th February in any

financial year, the Executive submits to the Council for consideration in relation to the following financial year –

i. estimates of the amounts to be aggregated in making a

calculation (whether originally or by way of substitute) in accordance with any of Sections 32 to 37 or 43 to 49 of the Local Government Finance Act 1992 (calculation of budget requirements etc),

ii. estimates of other amounts to be used for the purposes of

such a calculation;

iii. estimates of such a calculation, or

iv. amounts required to be stated in precept under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts)

and following consideration of those estimates or amounts the

Council has any objections to them it must take the actions set out in (k) below.

(l) Before making a calculation (whether originally or by way

of substitute) in accordance with any of the sections referred to in (j) above, or issues a precept under Chapter IV of Part I of the Local Government Finance Act 1992, it must inform the Mayor of any objections which it has to the Executive’s estimates or amounts and

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must give to him/her instructions requiring the executive to reconsider, in the light of those objections, those estimates and amounts in accordance with the Council’s requirements.

(m) Where the Council instructs the Mayor in accordance with above, it

must specify a period of 10 working days beginning on the day after the date on which the Mayor receives the instructions on behalf of the executive within which the Mayor may:-

i. submit a revision of the estimates or amounts as amended

by the executive (the revised estimates or amounts), which have been reconsidered in accordance with the authority’s requirements, with the executive’s reasons for any amendments made to the estimates of amounts, to the Council for reconsideration; or

ii. inform the Council of any disagreement that the executive

has with any of the Council’s objections and the Executive’s reasons for any such disagreement

(n) Subject to (o) below, when the 10 day period set out in paragraph

(m) above has expired, the Council must, when making calculations (whether originally or by way of substitute) in accordance with the sections referred to in (k) above, or when issuing a precept under Chapter IV of Part I of the Local Government Finance Act 1992, take into account –

i. any amendments to the estimates or amounts that are

included in any revised estimates or amounts; ii. the executive’s reasons for those amendments;

iii. any disagreement that the executive has with any of the

Council’s objections; and

iv. the executive’s reasons for that disagreement

which the Mayor submitted to the Council, or informed the Council of within the specified period.

(o) If the Council for the purpose of making the calculations or issuing

the precept proposes to use estimates or amounts ( ‘the different estimates or amounts”) which are not in accordance with the Executive’s estimates or amounts or, as the case may be, the Executive’s revised estimates or amounts, the question whether to use the different estimates or amounts must be decided by a two

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thirds majority of the members of the Council present and voting on the question at a meeting of the Council.

(p) Paragraphs (j) to (n) above do not apply in relation to:-

i. calculations or substitute calculations which the Council is

required to make in accordance with sections 52I, 52J, 52T or 52U of the Local Government Finance Act 1992 (limitation of Council tax and precepts) and

ii. amounts stated in a precept issued to give effect to

calculations or substitute calculations made in accordance with section 52J or 52U of that Act.

4 Virement

The Council’s Finance Procedure Rules set out virement limits within which the Executive and Council officers may move financial allocations across budget heads in order to maintain a degree of flexibility in the Council’s financial arrangements.

5 Adequacy and Application of Reserves

The Council’s Finance Procedure Rules attached at Part K of these Rules set out the way in which the Council’s ongoing contingencies and reserves are to be reviewed to ensure that the budget framework provides sufficient reserves to replenish their application.

6 Amending the policy framework

Each of the Council’s plans and strategies which go to make up the policy framework will have written into them the extent to which any amendment to it may be agreed by the Executive. The report submitted to Council in relation to the adoption of the plan or strategy will deal with this issue specifically, so that the Council is aware of the proposed extent of discretion to be given to the Executive before agreeing the overall plan/strategy.

7 Decisions contrary to the budget and policy framework

(a) Subject to Rule F4 and F6 above, those making executive decisions may only make decisions which are in line with the budget and policy framework. If any decision maker wishes to make a decision which is “contrary to the policy framework or contrary to or not wholly consistent with the budget” previously

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approved by the Council then subject to 9 below, that decision can only be taken by the Council.

(b) A decision by the Mayor will not be contrary to or not wholly in

accordance with the budget or capital plan provided any additional costs incurred as a result of the decision can be offset by additional income, contingency funds or savings from elsewhere within the budgetary allocation to executive functions

(c) If the Mayor (or any other person or body making an executive

decision) wishes to make such a decision they must first take the advice of the monitoring officer and/or the chief finance officer as to whether their proposed decision would be contrary to the policy framework, or contrary to or not wholly in accordance with the budget. If the advice of either of these officers is that the decision would be "contrary to the policy framework, or contrary to or not wholly consistent with the budget" then the decision must be referred to the Council for decision, unless the decision is a matter of urgency, in which case the provisions of Rule F9 below apply.

8 Call in of decisions outside the budget or policy framework

(a) Where the relevant Business Panel is of the view that an executive decision is, or would if made be, contrary to the policy framework or contrary to or not wholly consistent with the budget, then it shall seek advice from the Monitoring Officer and/or the Chief Finance Officer.

(b) In respect of functions which are the Executive’s responsibility, a

report of the Monitoring Officer and/or of the Chief Finance Officer will then be submitted to the Executive with a copy being supplied to every member of the Council. Regardless of whether the decision is delegated or not, the Executive must meet to decide what action to take in respect of the report of the Monitoring Officer and/or the Chief Finance Officer. The Executive must also prepare a report to Council in the event that the Monitoring Officer and/or Chief Finance Officer conclude that the decision was a departure, and to the Business Panel if the Monitoring Officer/Chief Finance Officer decide that it was not.

(c) If the decision has yet to be made, or has been made but not yet

implemented, and the advice from the Monitoring Officer and/or Chief Finance Officer is that the decision is, or would be, contrary to the policy framework, or contrary to or not wholly consistent with the budget, the relevant Business Panel may refer the matter to Council. In such cases no further action may be taken in respect of

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the decision or its implementation until the Council has met and considered the matter. The Council will meet within 10 days of the request by the Business Panel. At the meeting it will receive a report of the decision or proposals and the advice of the Monitoring Officer and/or the Chief Finance Officer.

(d) The Council may then either:-

• endorse the decision or proposal as falling within the existing policy framework and budget. (In this case no further action is required, save that the decision of the Council be minuted and circulated in the normal way. If the decision has not yet been taken however, it will be for the Executive and not the Council to make it); or

• amend the Council’s budget, financial regulations or policy to encompass the decision or proposal and agree to the decision with immediate effect; or

• where the Council accepts that the decision or proposal is contrary to the policy framework or contrary to or not wholly consistent with the budget, and does not amend the existing framework to accommodate it, require the Executive to reconsider the matter having regard to the advice of the Monitoring Officer and/or Chief Finance Officer.

9 Urgent decisions outside the budget or policy framework

(a) Executive decisions which are contrary to the policy framework or contrary to or not wholly consistent with the budget may be taken if the decision is a matter of urgency.

(b) Such decisions may only be taken if:-

• it is not practical to convene a quorate meeting of the Council in sufficient time to make the decision; and

• if the Chair of the relevant Business Panel agrees that the decision is a matter of urgency

(c) Both the reasons why it is not practical to convene a quorate meeting

of the Council and the consent of the Chair of the relevant Business Panel must be noted on the record of the decision. In the absence of the Chair of the relevant Business Panel, the consent of the Chair of

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the Council will suffice, and in the absence of both, the Vice Chair of Council.

(d) Following the decision, the decision maker must provide a report to

the next meeting of the Council explaining the decision, the reasons for it and why it was treated as a matter of urgency.

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G - ACCESS TO INFORMATION PROCEDURE RULES 1 Scope

Save as mentioned below, these rules apply to all meetings of the Council, overview and scrutiny committees, area committees if any, the Standards Committee and meetings of any committee or sub committee appointed by the Council, as well as meetings of the Executive and any committee of it as set out in this Part G, (together called meetings). The rules set out in this Section shall not apply to meetings of the Licensing Committee or sub-committees which shall be governed by Regulations made under Section 9 of the Licensing Act 2003 and any future rules determined by the Licensing Committee under that Section. Additional access to information rules pertaining only to executive decision making are dealt with at paragraph 12 below.

2 Additional rights to information

These rules do not detract from any more specific right to information contained elsewhere in this constitution or the law

3 Right of public to attend meetings

Any member of the public may attend all meetings of the Council and its Executive subject only to the exceptions in these rules.

4 Notices of meeting

The Council will give at least five clear days notice of any meeting by posting details of the meeting at the Town Hall, Catford London SE6 4RU (the designated office) and where possible on its web page.

5 Access to agenda before the meeting

The Council will make copies of the agenda and reports open to the public available for inspection at the designated office at least five clear days before the meeting. If an item is added to the agenda later, the revised agenda will be open to inspection for the time that the item was added to the agenda. An item of business may only be considered at a public meeting:- (a) in accordance with Rule C24 (broadly where a copy of the agenda

or part of the agenda including the item has been available for inspection for at least 5 clear days before the meeting) or

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(b) in accordance with Rule C25 – Urgency. However this provision does not allow a key executive decision to be taken if it has not been included in the Council’s key decision plan, unless Rule 18 (urgency) or 19 (special urgency applies).

Where reports are completed after the summons has been sent out, the proper officer will make such report available to the public as soon as the report is completed and sent to the Mayor and/or councillors as appropriate.

6 Supply of copies

The Council will supply copies of:- (a) any agenda and reports which are open to public inspection; (b) any further statements or particulars necessary to indicate the

nature of the items in the agenda; and if the proper officer thinks fit, copies of any other documents supplied to councillors and/or the Mayor in connection with an item to any person on payment of a reasonable charge

7 Access to minutes etc. after the meeting

For 6 years after a meeting, the Council will make available for public inspection, copies of the following:- (a) the minutes of the meeting, to include the record of decisions taken,

together with reasons, any options considered and rejected and details of any declarations of conflict of interest and any dispensation granted in relation to that conflict, excluding any part of the minutes of proceedings when the meeting was not open to the public or which would disclose exempt or confidential information.

(b) a summary of proceedings when the meeting was not open to the

public where the minutes open to inspection would not provide a reasonably fair and coherent record

(c) the agenda for the meeting (d) reports relating to items when the meeting was open to the public.

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8 Background papers

The author will set out in every report a list of documents (called background papers) relating to the subject matter of the report which in his/her opinion:-

(a) disclose any facts or matters on which the report or an important part of the report is based; and

(b) which have been relied on to a material extent in the preparation of the report.

This requirement does not apply to published works or those which disclose confidential or exempt information.

Background reports will be available for public inspection for four years after the date of the meeting at which a report referring to them was considered.

9 Summary of public rights (1) A written summary of the public’s rights to attend meetings and to

inspect and copy documents must be kept at and available to the public at the Town Hall, Catford, SE6 4RU or such other place as the Council decides from time to time.

(2) Where documents are open to public inspection they will be

available at all reasonable office hours at the Council’s offices and on its website if it has one, and in relation to background documents referred to in a report, on payment of the Council’s reasonable fee.

(3) The public right to inspect a document includes the right to copy all

or part of it and to require a copy of the whole or part on payment of the Council’s reasonable fee for postage, copying or other transmission.

(4) Any member of the public may in any publicly available medium

reproduce or provide commentary in relation to any document available for public inspection under regulations applying specifically to executive decisions and documents, save that this does not authorise any breach of the copyright of any person other than the Council by a member of the public.

(5) The rights conferred by this Paragraph 9 are additional to any other

rights.

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10 Exclusion of the public from meetings

(a) Confidential information

The public must be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information would be disclosed.

Confidential information is information given to the Council by a

Government Department on terms which forbid its public disclosure or information which cannot be publicly disclosed by court order. (see Appendix 1)

(b) Exempt information

The public may be excluded from meetings whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that exempt information would be disclosed. (See Appendix 1)

Where the meeting will determine any person’s civil rights or

obligations, or adversely affect their possessions, Article 6 of the European Convention on Human Rights establishes a presumption that the meeting will be held in public unless a private hearing is appropriate and lawful.

Exempt information is information falling within one of the

categories set out in Appendix 1 under the heading “Exempt Information”. However, information which would otherwise be exempt will not be exempt if it relates to proposed development for which the local planning authority can grant itself planning permission under Regulation 3 Town and Country Planning General Regulations 1992.

11 Exclusion of Access by the Public to Reports If the proper officer thinks fit, the Council may exclude access by the

public to reports which in his/her opinion relate to items, during which, in accordance with rule 10 (exempt and confidential information) the meeting is not likely to be open to the public. Such reports will be marked “Not for publication” together with the category of information likely to be disclosed.

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12 Application of the access to information rules to the Executive

In addition to those rules set out above, the following rules 13 to 19 apply to meetings of the following decision making bodies:

• The executive

• A Committees of the Executive

• A joint committee where all the members are members of a local authority executive and it exercises executive functions, and sub committees of such a joint committee

• An area committee of the executive.

13 Public meetings of the Executive The Executive will meet in public except to the extent that any of the

conditions set out in paragraphs (a), (b) or (c) apply, in which case the public must be excluded

(a) It is likely in view of the nature of the business to be transacted or

the nature of the proceedings that if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence;

(b) The decision making body passes a resolution to exclude the public during that item where it is likely in view of the nature of the item of business that if members of the public were present during that item, exempt information would be disclosed to them; or

(c) A lawful power is used to exclude a member or members of the

public in order to maintain orderly conduct or prevent misbehaviour at a meeting.

Any resolution under (b) above must state the part of the proceedings from which the public are to be excluded and state by reference to Schedule 12A Local Government Act 1972 the description of exempt information giving rise to the exclusion of the public.

14 Procedure prior to public meeting of the Executive

(a) The proper officer will display at the Town Hall and on the Council’s website notice of the time and place of the meeting for at least 5 clear days, or if the meeting is convened at shorter notice, from the time it is convened.

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(b) An item of business can only be considered at a public meeting where a copy of the agenda or part of the agenda including the item has been available for inspection for 5 clear days before the meeting, or if the meeting is convened at shorter notice from the time the meeting was convened.

(c) The agenda and reports for the meeting must be available for inspection by the public at the Town Hall and on the Council’s website for five clear days prior to the meeting (or if the meeting is convened at shorter notice from the time it is convened, or if the item is added to the agenda, when the item is added to the agenda).

(d) The proper officer may exclude from any report available for

inspection any part which relates only to confidential or exempt information. If a report for consideration at a public meeting contains such matters, every copy will be marked “not for publication” and will state the reason, namely either that it contains confidential information or exempt information, by reference to the particular ground(s) in Schedule 12A Local Government Act 1972.

(e) The public shall not be entitled to access to any report until a copy is available to the members of the decision making body.

(f) A reasonable number of copies of reports will be available for the

use of members of the public present when meetings are open to the public.

(g) Subject to exceptions relating to confidential and exempt

information, where a request is made by a member of the public or on behalf of a newspaper, the Council will supply a copy of the agenda for a public meeting and a copy of each of the reports for consideration at the meeting and such further statements or particulars as are necessary to indicate the matters on the agenda and, so far as the proper officer thinks fit, any other documents given to members in connection with the item.

Confidential and exempt information have the meanings set out in

Appendix 1. 15 Reporting at public meetings of the executive

While meetings are open to the public any person attending the meeting for

the purpose of reporting the proceedings is, so far as reasonably practicable, to be afforded reasonable facilities for taking their report. However no person may take any photograph of any proceedings or use any means to

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enable persons not present to see or hear any proceedings (whether at the time or later) or the making of any oral report on any proceedings as they take place without the consent of the person presiding at the meeting.

16 Procedure prior to private meetings of executive decision making bodies

(a) 1st private meeting notice

At least 28 clear days before the private meeting, the proper officer will make available at the Town Hall a notice of intention to hold the meeting in private and publish that notice on its website. That notice will contain a statement of why the meeting is to be held in private.

(b) 2nd private meeting notice

At least 5 clear days before the meeting the proper officer will make available at the Town Hall and publish on the website a notice which will include a statement of the reasons for the meeting to be held in private, details of any representations received about why it should be open to the public and a statement of its response to those representations.

(c) Urgency

Where the date by which a meeting must be held makes compliance with paragraph 16 (a) and/or (b) impracticable, the private meeting may only be held if the Chair of the Overview and Scrutiny Committee agrees that the meeting is urgent and cannot reasonably be deferred. If there is no Chair of Overview and Scrutiny or he/she is unable to act, the Chair of Council may agree. If there is no Chair of either Overview and Scrutiny or Council, the Vice Chair of Council may agree.

(d) Notice of urgency

Where the Chair of the Overview and Scrutiny Committee gives agreement in accordance with paragraph 15 ( c ) above, the proper officer will, as soon as reasonably practicable, make available at the Town Hall and publish on the Council’s website, a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred.

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17 Key Decisions (a) Definition

Key decisions are those defined as such at Article 16.

(b) Decisions to be publicised Subject to Rule 18 (urgency) and Rule 19 (special urgency), a key

decision may not be taken unless the matter has been included in the Council’s key decision plan, which must be available for public inspection at the Town Hall and on the Council’s website for 28 clear days before a key decision is made.

(c) Contents of the key decision plan

The key decision plan will contain the following particulars in so far as the information is available or might reasonably be obtained:-

(1) That a key decision is to be made;

(2) The matter in respect of which the key decision is to be made;

(3) Where the decision maker is an individual, his/her name,

his/her title if any, and, where the decision maker is a decision making body, its name and a list of all its members;

(4) The date on which, or the period within which, the decision is

to be made;

(5) A list of the documents submitted to the decision maker for consideration in relation to the matter in respect of which a key decision is to be made;

(6) The address from which, subject to any prohibition or

restriction on their disclosure, copies of, or extracts from, any document listed is available;

(7) That other documents relevant to the those matters may be submitted to the decision maker; and (8) The procedure for requesting details of those documents (if any) as they become available.

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Exempt and confidential information will not be included in the forward plan.

18 General Exception - Urgency 18.1 If a matter which is likely to be a key decision has not been included in the

key decision plan, then subject to Rule 19 (special urgency) the decision may only be taken if:-

(a) the proper officer has informed the Chair of the Business Panel, or

if there is no such person each member of the Business Panel, in writing, by notice, of the matter in respect of which the decision is to be made; and

(b) the proper officer has made copies of that notice available to the

public at the offices of the Council and published it on the Council’s website if it has one; and

(c) at least 5 clear days have elapsed since the proper officer complied

with (a) and (b) above.

18.2 As soon as reasonably practicable, the proper officer will publish at the offices of the Council and on the Council’s website if it has one, a notice setting out the reasons why it was not possible to comply with the requirement to include the matter in the key decision plan.

19 Special Urgency

(a) If by virtue of the date by which a key decision must be made, Rule 18 above cannot be followed, then the decision may only be taken if the Chair of the Business Panel agrees that the taking of the decision is urgent and cannot reasonably be deferred. If there is no Chair of the Business Panel, or if there is but they are unable to act, then the agreement of the Chair of Council, or if there is neither a Chair of Business Panel nor Council, the Vice Chair of Council may agree.

(b) If agreement is given under para 19(1) above, the proper officer will

make available at the Council offices, and publish on its website if it has one, a notice setting out the reasons why the decision is urgent and cannot reasonably be deferred.

(c) The Mayor will prepare and submit to the Council at quarterly intervals a report containing details of each executive decision taken during the preceding three months where the making of the decision was agreed as urgent in accordance with Rule 19. This

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report must contain particulars of each decision made, and a summary of the matters in respect of which each decision was made.

20 Overview and scrutiny rights in relation to the forward plan and

urgency decisions

(a) If the Business Panel thinks that a key decision has been made which was not included in the forward plan or properly decided in accordance with Rule 18 or 19, then the Business Panel may require the Executive to submit a report to the Council within such reasonable time as the Business Panel specifies.

(b) If an Executive report is required in accordance with (a) above, the

Executive will then prepare a report for Council setting out the decision, the identity of the individual or body making the decision, and if the Executive is of the opinion that it was not a key decision, the reasons for that view.

(c) The Executive report will be submitted to the next Council meeting,

unless the request is made by the Business Panel within 10 working days of that Council meeting, in which case it may report to the following Council meeting.

(d) Notice of private executive meetings

If the Executive meets in private, the Mayor and all members will be entitled to receive 5 clear days notice of a meeting to which they are summoned, unless the meeting is convened at shorter notice as a matter of urgency. The notice of the meeting and relevant papers will also be served on the Chair of the Business Panel and all select committee chairs at the same time, or if there is no Chair, all members of the relevant Business Panel or select committee. All members of the Executive will be served with notice of all private meetings of any committee of the executive, whether or not they are members of that committee.

21 Right to attend and speak at meetings of the executive Members of the Executive will be able to attend any meeting of the

Executive. Members of the Executive may only attend meetings of any committee of the Executive if they are a member of that committee. Any member of the Executive is entitled to speak at any meeting of a committee of the executive if they are a member of that committee, or invited to do so by the person presiding.

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Any member of the Council is entitled to attend a public meeting of the

Executive and may attend a private meeting of the Executive with the consent of the person presiding and may speak if that person consents.

The Head of Paid Service, Chief Finance Officer and Monitoring Officer

and their nominees are entitled to attend any meeting of the Executive and its committees. The Executive may not meet unless the proper officer has been given reasonable notice that the meeting is to take place. A meeting of the Executive may not take place to take any decision unless the Head of Paid Service, the Chief Finance Officer or the Monitoring Officer or their nominee are present. The meeting may only take a decision if there is an officer present with responsibility for recording and publicising the decision.

People who are neither Councillors nor officers may attend private

executive meetings at the invitation of the person presiding, and may speak with their consent.

22 Record of decisions

As soon as reasonably practicable after any meeting of the executive or any of its committees, the proper officer will produce a record of every decision taken at that meeting. Decisions taken at a meeting may only be taken on the basis of a written report, setting out key legal, financial, service and corporate implications and may not be taken at any meeting unless the proper officer or their nominee is present. The record will include for each decision made:-

(a) a record of the decision and the date on which it was made;

(b) a record of the reasons for the decision;

(c) any alternative options considered and rejected at the meeting;

(d) a record of any conflict of interest declared in relation to the matter

by any member of the decision making body; and

(e) any dispensation relating to any declared conflict of interest.

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23 Basis for consideration by executive

(a) When the Executive makes a decision of any sort, whether collectively, through the Mayor, a committee of the Executive, or through an individual member or officer, it may only do so on the basis of a written report which deals with a consideration of options available, service, corporate, financial, legal and all relevant considerations.

(b) When the Executive, whether collectively, through the Mayor, a

committee of the Executive or an individual member or officer, seeks to make a decision, it may only do so in the presence of the Head of Paid Service, Chief Finance Officer, or the Monitoring Officer or their nominee(s) and an officer authorised to make a record of, and publish the decision.

(c) Executive decisions will only be deemed to have been made when

they have been recorded and publicised in accordance with this constitution.

(d) When any officer report is submitted to the Executive for

consideration at a meeting of the Executive or any of its committees, (whether or not a decision is likely to be the result of considering the report,) that report will contain all service, corporate, financial and legal considerations. Reports submitted to the Mayor or individual members or officers of the Executive with the intention that they should be the basis on which a decision is taken, shall be similarly drafted.

24 Decisions by individual members of the Executive

(a) All decisions taken individually by the Mayor alone or by individual members of the Executive, must be based on written reports. Those reports must contain all service, corporate, legal and financial implications.

(b) When an officer prepares a report which is to be given to the Mayor

or an individual member for decision, he/she must first give a copy of that report to the proper officer.

(c) The proper officer will submit the report to the individual decision

maker, and serve a copy on every member of the relevant Business Panel and any other relevant overview and scrutiny committee (or select committee) chair, and subject to exemptions relating to reports containing confidential and/or exempt information make it publicly available as soon as reasonably practicable. At the same

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time, notice will be served on the Chief Executive, Chief Finance Officer and Monitoring Officer.

(d) The individual decision maker may not make any key decision

unless a period of five clear days has elapsed since the service of the report on the decision maker, the relevant Business Panel and relevant overview and scrutiny committee and select committee chairs and the public.

(e) Individual decisions may only be made by the Mayor or individual

members of the Executive in the presence of the Chief Executive, Chief Finance Officer or Monitoring Officer or their nominee (unless they waive that requirement) and the proper officer whose responsibility it is to record the decision.

(f) As soon as reasonably practicable after the decision has been

made, but in any event within 2 working days of the decision, the proper officer will prepare a written statement of the decision including the following prescribed information:-

• A record of the decision including the date it was made;

• a statement of the reasons for the decision;

• details of any alternative options considered and rejected at the time by the member when he/she made the decision;

• a record of any conflict of interest declared by any executive member who has been consulted by the member in relation to the decision;

• in respect of any declared conflict of interest, a note of any dispensation granted.

(g) The decision will not be deemed to have been made until the

record has been made and publicised in accordance with this constitution.

(h) Nothing in these rules relating to the taking of decisions by

individual members shall require them to disclose confidential or exempt information as defined in Appendix 1 to the public.

25 Executive decisions by individual officers

(a) The Mayor, the Executive or committees of it may delegate decision making to an officer. Where they do so, the officer may only take

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an executive decision on the basis of a written report. That report must contain key service, corporate, financial and legal considerations.

(b) The person who supplies a copy of the report to the officer making

the decision, must first supply a copy to the proper officer. (c) The decision making officer must inform the proper officer

immediately any decision has been taken and provide to them a written statement of the decision for publication containing all the details set out below:

(d) The record will contain:-

• a record of the decision and the date it is made;

• a record of the reasons for the decision;

• details of any alternative options considered and rejected by the officer making the decision;

• a record of any conflict of interest declared by any executive member who is consulted by the officer making the decision; and

• details of any dispensation in relation to any such conflict of interest

(e) The decision will only be deemed to have been made once the

record is published in accordance with this constitution.

(f) Nothing in these rules relating to the taking of decisions by individual officers shall require them to disclose confidential or exempt information as defined in Appendix 1 to the public.

26 Access to documents following executive decisions (a) Subject to exceptions relating to confidential and exempt

information (see paragraph 10) after an executive decision has been made, irrespective of whether by an individual or a decision making body, the proper officer will ensure that the record of the decision and any report considered in reaching the decision is made available for inspection by the public at the offices of the Council and on the Council’s website if it has one.

(b) Where a request is made on behalf of a newspaper for a copy of

any documents available for public inspection those documents must be supplied on payment by the newspaper of the Council’s copying or other necessary transmission charge.

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27 Inspection of background papers Subject to exceptions relating to confidential and exempt information (see paragraph 10) when a report is made available for public inspection either before or after an executive decision is made, it must include a list of the background papers to the report and at least one copy of each of those background papers must be available for inspection at the offices of the Council and on the Council’s website if it has one. 28 Members’ access to documents 28 (1) All members

(a) Material relating to business to be transacted

Subject to paragraphs (c) and (d) below, any document which is:-

• in the possession or under the control of the executive and

• which contains material relating to any business to be transacted at a public meeting

shall be available for inspection by any member of the Council for a period of at least 5 clear days before that meeting except that where

• the meeting is convened at shorter notice when the document must be available for inspection when the meeting is convened; and

• where the item is added to the agenda at shorter notice the document must be available for inspection when the item is added

(b) Material relating to previous business Subject to paragraphs (c) and (d) below, any document which is

• in the possession or under the control of the executive and

• contains material relating to business transacted at a private meeting, or an executive decision made by an individual member or officer must be available for inspection by any member of the Council when the meeting concludes, or in the case of a decision made by an individual, immediately after the

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decision is made, and in any event within 24 hours of the conclusion of the meeting/ decision being made.

(c) Paragraphs (a) and (b) above do not require a document to be

available for inspection if it appears to the proper officer that it discloses exempt information of a description falling within Part 1 of Schedule 12A to the Local Government Act 1972 which appears at Appendix 1.

(d) Despite paragraph (c), documents must be available for inspection by members if the exempt information is information falling within:

• paragraph 3 of Schedule 12A to the 1972 Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract) or

• paragraph 6 of Schedule 12A to the Act

(e) Where it appears to the proper officer that compliance with paragraph (a) or (b) in relation to a document or part of a document

would involve the disclosure of the advice of a political adviser or assistant that paragraph shall not apply as regards that document or part.

(f) These rights are additional to any rights a member may have.

28(2) Overview and Scrutiny members (a) Subject to Rule 28 (2) (c), any member of the overview and scrutiny

committee (including its select committees) will be entitled to copies of any document which is in the possession or control of the Mayor, the executive or any of its committees, if it contains material relating to

• any business which has been transacted at a public or private meeting of the executive; or

• any decision taken by a individual member of the executive;

• any decision that has been taken by an officer in accordance with executive arrangements.

(b) Where a member of the Overview and Scrutiny Committee requests a document falling within (a) above, the Executive must supply a copy as soon as reasonably practicable and in any event within 10

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days of the request. If the Executive decides that the member is not entitled to a copy of the document, written reasons must be given to the overview and scrutiny committee.

(c) Overview and Scrutiny Committee members shall not be entitled to

a copy of a document that contains exempt or confidential information unless it is relevant to an action or decision he/she is scrutinising or reviewing, or is contained in any programme of work of an overview and scrutiny committee or sub-committee. Neither are they entitled to any document or part of a document that contains the advice of a political adviser. An overview and scrutiny member is not entitled to a report that is in draft.

29 Failure to comply with key decision requirements

(1) Where an executive decision has been made and:

• was not treated as being a key decision; and

• the Overview and Scrutiny Committee is of the opinion that the decision should have been treated as a key decision,

the Overview and Scrutiny Committee may require the decision maker to submit a report to the full Council within a reasonable period.

(2) A report under paragraph (1) shall include details of:

• the decision and the reasons for the decision;

• the decision making body by which, or the individual by whom, the decision was made;

• if the executive is of the view that it is not a key decision, the reasons for that opinion.

30 Limit on rights

An overview and scrutiny committee member will not be entitled to:-

• any document that is in draft form;

• any document or part of a document that contains exempt or confidential information unless the information is relevant to an action

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or decision they are reviewing or scrutinising or intend to review or scrutinise; or

• the advice of a political assistant or adviser.

31 Confidential information, exempt information and the advice of

political assistant or adviser

(a) Nothing in these rules requires the disclosure of a document or part of a document to the public if in the opinion of the proper officer it may contain confidential or is likely to contain exempt information or the advice of a political adviser or assistant.

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H EMPLOYMENT PROCEDURE RULES 1 Declarations

Candidates for appointment as employees of the Council shall be required to state in writing whether they are the parent, grandparent, partner, child, stepchild, adopted child, grandchild, brother, sister, aunt, uncle, niece or nephew of an existing member or employee of the Council, including the Mayor; or of the partner of such a person. No candidate so related to a member (including the Mayor) or employee of the Council will be appointed without the authority of the relevant Executive Director or an officer nominated by him/her.

2 Canvassing for appointment

Canvassing of members of the Council (including the Mayor), or of any members of any committee of the Council, directly or indirectly, for appointment by the Council will disqualify the candidate concerned from that appointment. The content of this paragraph will be included in any recruitment information. No councillor (including the Mayor) shall seek support for any person for any appointment with the Council. However, this does not preclude a member from giving a written reference for a candidate for submission with an application for appointment.

3 Statement of duties for chief officer posts

Where the Council intends to appoint the Head of Paid Service or any chief officer within the meaning of Section 2(6) or 2(7) Local Government and Housing Act 1989 and it is not proposed that the appointment will be made exclusively from among existing officers, the Council will:-

(a) draw up a statement specifying: i. the duties of the post concerned; and

ii. any qualifications or qualities to be sought in the person to be appointed

(a) make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of persons who are qualified to apply for it and

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(b) make arrangements for a copy of the statement mentioned in

paragraph (1) to be sent to any person on request 4 Responsibility for appointment, dismissal and disciplinary action

below deputy chief officer

The Head of Paid Service, or such person as he/she nominates will be responsible for the appointment, dismissal and disciplinary action in respect of all employees with the exception of the following posts:-

• The Head of the Paid Service

• Chief officers as defined in Sections 2(6) and 2(7) Local Government and Housing Act 1989

• Deputy chief officers as defined in Section 2(8) Local Government and Housing Act 1989

• Assistants for political groups

• Assistant to the Mayor 5 Meaning of disciplinary action

For the purposes of these Employment Procedure Rules, ‘disciplinary action’ means any action occasioned by alleged misconduct which, if proved, would according to the usual practice of the Council, be recorded on an employee’s personal file, and includes any proposal for dismissal of a member of staff for any reason other than redundancy, permanent ill-health or infirmity of mind or body, but does not include failure to renew a contract of employment for a fixed term, unless the Council has undertaken to renew such a contract

6 Recruitment and dismissal of Head of Paid Service

The functions of the appointment and dismissal of the Head of Paid Service are delegated to the Appointments Committee in accordance with Article 9, subject to the approval of the full Council. No letter of appointment or dismissal may be sent until such approval is obtained.

7 Recruitment of Head of Paid Service, Chief Officers and

Deputy Chief Officers

Subject to (6) above, the appointment of the Head of Paid Service, chief officers and deputy chief officers is delegated to the Appointments Committee in accordance with Article 9. Subject to (6) above in relation to the appointment of the Head of Paid Service, an offer of appointment may not be made until

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(1) the appointer has notified the proper officer of the name of the person to whom it wishes to make the offer of appointment, and any other particulars which are relevant to the appointment, and

(2) the proper officer has notified every member of the Executive of:-

• the name of the person to whom the Committee wishes to make an offer;

• any other particulars relevant to the appointment; and

• the period within which any objection to the making of the offer is to be made by the elected Mayor on behalf of the executive:

and

(3) either

i. the Mayor has within the time specified for doing so in the notice served by the proper officer, notified the Chair of the Appointments Committee that neither he/she nor any other member of the Executive has any objection to the making of the offer: or

ii. the proper officer has notified the appointer that no objection

was received by him/her from the Mayor within the period for doing so; or

iii. the appointer has received an objection from the Mayor but is

satisfied that it is not material or well founded

In this Rule (7) ‘the appointer’ means the Council in the case of the Head of Paid Service, and the Appointments Committee in respect of the appointment of chief officers and deputy chief officers, or such other committee or sub-committee or officer to whom the appointment of chief officers and deputy chief officers has been delegated.

8 Dismissal of Head of Paid Service, chief officers and

deputy chief officers

Subject to (6) above in relation to the Head of Paid Service , and subject to Rule (11) below in relation to disciplinary action against the Head of Paid Service, Chief Finance Officer and Monitoring Officer, the dismissal of chief officers and deputy chief officers will be delegated to the Head of Paid Service, or such other person as he/she shall nominate from time to time.

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Notice of dismissal may not be served on the Head of Paid Service, a chief officer or deputy chief officer unless:- (1) The dismissor has notified the proper officer of the name of the

person whom the dismissor wishes to dismiss and any other particulars which the dismissor considers are relevant to the dismissal; and

(2) the proper officer has notified every member of the executive of:-

• the name of the person who the dismissor wishes to dismiss

• any other particulars relevant to the dismissal which the dismissor has notified to the proper officer; and

• the period in which any objection to the dismissal is to be made by the Mayor on behalf of the executive to the proper officer; and

(3) either:-

(i) the Mayor has within the period specified in the notice,

notified the dismissor that neither he/she nor any other member of the executive has any objection to the dismissal; or

(ii) the proper officer has notified the dismissor that no objection

was received by him/her within that period from the elected Mayor; or

(iii) the dismissor is satisfied that any objection received from the

Mayor within that period is not material or is not well founded

In this Rule (8), the dismissor means the Council, a committee, sub-committee or officer of the Council discharging the function of dismissal on behalf of the Council.

9 Membership of committees with responsibility for appointment/dismissal of Head of Paid Service, chief officers and deputy chief officers

Any committee or sub committee of the Council which discharges the function of appointing or dismissing the HOPS, chief officer or deputy chief officer, must have at least one member of the Executive among its membership.

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10 Eligibility to sit on appeals committees Nothing in rule (8) prevents a person from serving as a member of any committee or sub-committee established by the Council to consider an appeal by:-

• another person against any decision relating to the appointment of that other person as a member of staff of the Council; or

• a member of Council staff against any decision relating to the dismissal of, or taking of disciplinary action against, that member of staff.

11 Disciplinary action in relation to the Head of Paid Service, Chief

Finance Officer and Monitoring Officer

(1) No disciplinary action without independent recommendation No disciplinary action in respect of the Council’s Head of Paid Service, Chief Finance Officer or its Monitoring Officer except the action defined in paragraph (b) below, may be taken by the Council, a committee, sub-committee, a joint committee on which the Council is represented or any other person acting on behalf of the Council, other than in accordance with a recommendation in a report made by a designated independent person (as defined in Reg 7 of the Local Authorities (Standing Orders) (England) Regulations 2001) namely such person as may be agreed between the Council and the officer concerned, or in default of such agreement, nominated by the Secretary of State.

(2) Suspension

The action referred to in paragraph (a) above is suspension of the officer for the purpose of investigating the alleged misconduct occasioning the action; and any such suspension must be on full pay and terminate no later than the expiry of two months beginning on the day on which the suspension takes effect.

(3) Rights of the designated independent person

The designated independent person –

(a) may direct –

(i) that the Council terminate any suspension of the

relevant officer;

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(ii) that any such suspension must continue after the expiry of the 2 month period

(iii) that the terms on which any such suspension has taken place must be varied in accordance with the direction; or

(iv) that no steps (whether by the authority or any committee, sub committee or officer acting on behalf of the Council) towards disciplinary action or further disciplinary action against the relevant officer, other than steps taken in the presence, or with the agreement of the designated independent person, are to be taken before a report is made under sub paragraph (d) below;

(b) may inspect any documents relating to the conduct of the

relevant officer which are in the possession of the Council, or which the Council has power to authorise him/her to inspect;

(c) may require any member of Council staff to answer questions concerning the conduct of the relevant officer;

(d) must make a report to the Council –

i. stating his/her opinion as to whether (and if so, the

extent to which) the evidence he/she has obtained supports any allegation of misconduct against the relevant officer; and

ii. recommending any disciplinary action which appears to him/her to be appropriate for the Council to take against the relevant officer; and

(e) must no later than the time at which he/she makes his/her

report under sub-paragraph (d) send a copy of his/her report to the relevant officer

12 Involvement of members in disciplinary action below deputy chief

officer

Councillors will not be involved in disciplinary action against officers (including dismissal) below the level of deputy chief officer except where such involvement is necessary for any investigation or inquiry into alleged misconduct. However, the Council’s disciplinary, capability and related procedures as adopted from time to time may allow a right of appeal to members in respect of disciplinary action.

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13 Political assistants The Council may appoint to the post of political assistant as defined in Section 9 Local Government and Housing Act 1989 from time to time.

These posts must be filled from time to time in accordance with the wishes of the group to which the post has been allocated.

A prohibition is imposed on appointment to any post allocated to a political group until the Council has allocated a post to each political group which qualifies for one.

Political assistants must not be allocated to a political group which does not qualify for one.

No party may have more than one political assistant.

14 Mayor’s assistant

The Council may appoint a Mayor’s assistant in pursuance of regulations made under paragraph 6 of Schedule A1 of the Local Government Act 2000 as amended.

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I CONTRACT PROCEDURE RULES 1. Introduction 1.1 Every contract entered into by the Council for the carrying out of works, or

for the supply of goods or services shall be for the purpose of achieving the Council’s statutory or approved objectives and shall conform to all relevant European and UK legislation and Council policy.

1.2 These Contract Procedure Rules are mandatory and shall govern and

regulate Council procurement and contract award procedures. Officers must also refer to the Procurement Code of Practice (“the Code”) for more detailed procedures some of which are compulsory.

1.3 The primary objective of these Contract Procedure Rules is to ensure that

the Council obtains value for money and fulfils its duty of best value as defined in Section 3 of the Local Government Act 1999 in all its procurement activity. They also provide a basis for fair competition by providing transparent and auditable procedures to protect the Council’s reputation from any imputation of dishonesty or corruption.

1.4 For these reasons it is a disciplinary offence to fail to comply with Contract

Procedure Rules when letting contracts and employees have a duty to report breaches of these Contract Procedure Rules to an appropriate senior manager or internal auditor.

2. Interests in Contracts 2.1 If it comes to the knowledge of a member or an officer of the Council that a

contract in which he or she has pecuniary interest, has been or is proposed to be entered into by the Council, he or she shall immediately give written notice to the Council’s Monitoring Officer and record it on the Register of Interests.

3. European Procurement Legislation 3.1 Every contract let by the Council must comply with the EU Treaty. Where

the estimated value of a proposed contract intended to be let by the Council exceeds or is likely to exceed EU procurement thresholds, the contract must be procured in accordance with the EU Consolidated Procurement Directive (EC/18/2005) as included in the Public Contracts Regulation 2006 and amendments thereto and all other European legislation as amended from time to time.

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4. Localism Act 2011

4.1 The Localism Act 2011 has introduced a new “Community Right to Challenge” (CRTC) which enables charities, voluntary groups, parish councils and two or more employees of the Council to express an interest in providing or assisting with the provision of a service on behalf of the Council.

4.2 CRTC is a formal process that requires specific information and evidence

and other criteria prescribed nationally in Regulations and Statutory Guidance to be met. The Council will publish a Statement containing detailed procedures, including the information required in an expression of interest for those wishing to challenge, the timeframes for submission of such expressions of interest and how the expression of interest will be considered, which must be followed.

4.3 If a challenge is accepted, a procurement process for that service is

triggered and the Contract Procedure Rules set out in this Section must then be followed.

5. Estimate of Expense Involved 5.1 An estimate of contract value must be prepared and recorded in writing

prior to the commencement of any procurement exercise. This is to be calculated on the basis of the total amount payable to the contractor, supplier or service provider over the whole contract period. All such estimates shall be kept in a central register by the relevant Executive Director.

5.2 No procurement shall proceed unless the expenditure required has been

fully considered, approved and sufficient money has been allocated in the relevant budget.

6. Authority to Procure 6.1 Prior to any procurement officers must ensure that they have sufficient

delegated authority to procure given in accordance with the Council/Mayoral scheme of delegation in force from time to time.

6.2 Officers seeking to procure works, goods or services on the Council’s

behalf must;

6.2.1 produce a robust, justifiable and sustainable business case before a procurement activity commences which must be contained in a written endorsement by the service head and/or the Executive Director and

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6.1.2 maintain the necessary audit trails to support the business

justification and approval process. 7. Contract Register 7.1 A register of all tenders dispatched and received by each Executive

Director shall be maintained by that Executive Director in a format approved by the Executive Director for Resources and Regeneration

7.2 All contracts of a value exceeding £ 200,000 shall be noted in a register

maintained by the Head of Procurement as shall any other contractual documentation which in his or her view ought to be so registered. This register shall contain the details of the contractor, the date of the contract, the nature and value of the works, services or supplies and the commencement and termination date. An original copy of the contract shall be kept for the statutory limitation period.

8. Category Values 8.1 There are 3 categories of Contracts.

8.1.1 Category A Building, construction and engineering works contracts

(“Works Contracts”) with an estimated value of over £1m and all other contracts with an estimated value of over £500,000.

8.1.2 Category B Works Contracts with an estimated value of between

£50,000 and £1m and all other contracts with an estimated value of between £50,000 and £500,000.

8.1.3 Category C All other contracts with an estimated value of less than

£50,000 9. Procurement Routes 9.1 Competitive tendering

For Category A and B contracts each procurement must, unless an exception has been granted under Rule 12 below, be subject to a formal tender exercise which shall be carried out in the following way:-

9.1.1 by an invitation to tender by public advertisement or selection from

approved lists in accordance with the method of inviting tenders set out at Rule 10 below; or

9.1.2 subject to the approval of the Executive Director for Resources and

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Regeneration upon the advice of the Head of Law, by the use of public sector consortia contracts or frameworks where the Council is able to procure goods, services or works:

• where the Council itself is part of a public sector consortium contracting with one or more contractors and where the contract or framework has been competitively tendered and is an EU compliant procurement (or exempted from the same); or

• by selecting one or more contractors using a framework agreement, (essentially, an arrangement which establishes the contractual terms which will apply to subsequent orders made for the goods, services or works covered by the framework over the period of time during which the framework is in force) or dynamic purchasing system (an electronic purchasing system remaining open to new bidders throughout the term), established by a public sector body (or bodies) and which has been competitively tendered, and is an EU compliant procurement (or exempted from the same) and local authorities are named (specifically or by description) as contracting authorities; and

in both cases:

• the term of the arrangement is no longer than four years duration; or longer, up to eight years, in exceptional circumstances, relating to the subject matter of the framework agreement and where the grounds justifying the longer term appear in the EU contract notice. (For example, a longer term may be justified in large value infrastructure contracts where a contractor is putting in a lot of investment and requires time to recover this outlay), and

• the rates and prices offered by contractors, balanced against the quality and convenience of using of a consortium, framework or dynamic purchasing scheme represents best value to the Council in all the circumstances.

9.2 Concession Contracts 9.2.1 In the case of services contracts where part or all of the remuneration

received by the contractor consists of the right to exploit the services in question, these are excluded from the application of the EU Directive/Public Contracts Regulations 2006 requiring them to be advertised in Europe. ( For example, a waste disposal contract allowing the contractor to recycle waste products and keep the proceeds to recover its costs, possibly paying the Council for the right to do so.)They are still subject to competition and the relevant Category for determining the procurement route under these Contract Procedure Rules will be

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calculated by applying the estimated consideration which would have been given if the services had been paid for by the Council.

9.2.2 Where the contractor is willing to pay the Council for exploiting the

services, then a competitive process must still be undertaken to determine which offer represents best value taking into account the obligations which will be placed upon the contractor.

9.2.3 In the case of a works concession contract , this will be subject to the EU

Directive/ Contracts Regulations 2006 where the estimated value exceeds the relevant EU threshold, applying the estimated consideration which would have given if the works had been paid for by` the Council. If the value is below the EU threshold, it must still be subject to a competitive process in accordance with these Contract Procedure Rules

10. Method of Inviting Tenders

10.1 Category A Contracts

10.1.1 In the case of Category A Contracts and those above the relevant EU threshold, tenders shall be invited by public advertisement and/or notice as necessary. Prior to invitation to tender, a public advertisement may be placed inviting prospective tenderers to express an interest in tendering. Where such an advertisement attracts so many responses that it would be impractical to invite tenders from all those who respond, then tenders shall be invited from a short list of contractors/suppliers.

10.1.2 If the Executive Director for Resources and the Head of Law determine

that there are good reasons for doing so, in the case of Category A works contracts below the current European Union threshold, tenders need not be invited by public advertisement. In such cases, tenders will be invited from at least 5 contractors from the Council’s approved list. If the Council does not maintain an appropriate approved list or if the Executive Director for Resources and Regeneration so authorises then tenders may be invited from at least 5 other contractors, suppliers or service providers.

10.1.3 In the case of other Category A Contracts which are below the relevant

EU threshold, officers shall not invite less then 5 tenderers, or negotiate with a single tenderer unless there are special circumstances which must first be approved by the Executive Director for Resources and Regeneration upon the advice of the Head of Law See Rule 12 below.

10.2 Category B Contracts 10.2.1 In the case of Category B Contracts where the contract value is above

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the relevant EU threshold tenders shall be invited by open advertisement. Where they are below the relevant EU threshold they will normally be invited by open advertisement, or with the prior written approval of the relevant Executive Director, from a minimum of 5 contractors/suppliers appearing on the Council’s approved list.

10.2.2 If the Council does not maintain an appropriate approved list and if the

Executive Director for Resources so authorises then tenders may be invited from at least 5 tenderers, or negotiate with a single tenderer unless there are special circumstances which must be approved by the Executive Director for Resources and Regeneration upon the advice of the Head of Law . In determining whether there are special circumstances regard must be had to the factors set out at 12 .3 a) to c) below.

10.3 Category C Contracts 10.3.1 In the case of Category C contracts, written quotations shall be sought

as follows:

Estimated Value Minimum Number of Quotations Under £10,000 Two written £10,001 to £25,000 Three written £25,001 to £50,000 Four written NOTE : At least one of the quotations must be from a local contractor, supplier or service provider, if feasible.

11. Two Stage Procurement Process 11.1 Where it is proposed to use a two stage procurement process involving

the invitation of expressions of interest from potential tenderers at stage 1 and then subsequently invite tenders from those shortlisted at stage 2, then authority to agree the shortlist has to be obtained from the relevant Executive Director upon the advice of the Head of Law.

11.2 The evaluation criteria for the shortlist must be based only upon the

economic and financial standing and the technical or professional ability of the potential tenderers. relevant to the subject matter of the contract being tendered.

11.3 The decision to accept or reject the shortlist can only be taken where the

application for such a shortlist is submitted by a written report containing service, legal and financial implications and fully documenting the circumstances and explaining the process, including the criteria for choosing the shortlist.

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12. Exception to the Contract Procedure Rules 12.1 An exception to the Contract Procedure Rules can only be authorised in

exceptional or unforeseen circumstances. 12.2 Any exception must be approved by the Executive Director for Resources

and Regeneration upon the advice of the Head of Law. 12.3 To authorise the exception, the Executive Director for Resources and

Regeneration upon the advice of the Head of Law must be satisfied after considering a written report by the appropriate officer that the exception is justified because:

a) the nature of the market for the works to be carried out or the goods

and services to be provided has been investigated and is demonstrated to be such that a departure from the requirements of the Contract Procedure Rules is justifiable; or

b) the contract is for works, goods or services that are required in

circumstances of extreme urgency that could not reasonably have been foreseen; or

c) there are other circumstances which are genuinely exceptional;

and in all cases:

• it is in the Council’s overall interest;

• and the circumstances of the proposed contract are covered by legislative exceptions (whether under EU or UK law).

12.4 An exception to the Contract Procedure Rules can only be authorised

where the application for such exception is submitted by a written report fully documenting the circumstances and explaining why the exception is required.

12.5 Where an exception to the Contract Procedure Rules is sought for a

second time in relation to the same contract, then regardless of the value of the contract, that exception must be given formally by the appropriate member decision forum.

13. Submission of Tenders 13.1 In circumstances where the contract specification can be established with

precision and with the agreement of the Executive Director for Resources

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and Regeneration, the Council may conduct an electronic auction prior to the award of the contract in order to achieve the most economic price.

13.2 In circumstances approved by the Executive Director for Resources and

Regeneration the Council may use electronic requests for quotations and tenders, and dynamic purchasing systems to determine the most economically advantageous contractor for the works, goods or services required as any need is established.

13.3 Within the contract notice the Council will specify whether the tender is to

be submitted in hard copy and/or via electronic means. Irrespective of the means of tender submission all notices or invitations to tender shall clearly state the closing date and time for their receipt.

13.4 Tenders submitted in hard copy form 13.4.1 The tender notice will clearly specify that no tender shall be received

except in a plain sealed envelope/package. Every envelope/package shall have the word “tender” marked on it followed by the subject and the date by which it is to be returned. However, the envelope/package shall not in any way indicate who the tenderer is. Any envelope/package so marked will be rejected.

13.4.2 Tender envelopes/packages should be addressed in the following manner:-

Category A Contracts To the Chief Executive. Category B Contracts To the Executive Director inviting the tender. Category C Contracts To the Head of Service inviting the tender.

13.4.3 Such tender envelopes/packages shall remain in the custody of the

Executive Director, the Head of Service inviting the tender or the Chief Executive, as appropriate, until the time appointed for their opening.

13.5 Tenders submitted via electronic means 13.5.1 Where tenders or part of the tender documentation are being submitted

electronically, the tenders shall be delivered electronically to the address given in the Invitation to Tender.

13.5.2 Where tenders are being submitted electronically then they shall be kept

in a secure environment with all confidential information protected in accordance with instructions issued by the Executive Director for Resources and Regeneration . All such tenders will remain unopened until the time appointed for their opening.

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13.5.3 If the Council intends using an electronic auction as part of the tender process this must be clearly stated within any notice published and the auction completed as set out in instructions issued by the Executive Director for Resources and Regeneration.

14. Opening and Acceptance of Tenders (Submitted in Hard Copy or

Electronic Form) 14.1 Category A Contracts 14.1.1 Tenders shall be opened at the same time and after the deadline set for

their return by the Chief Executive or an officer designated by him/her in writing. The tenders shall be opened in the presence of an officer approved by the Executive Director for Resources and Regeneration or Head of Law.

14.1.2 Where Tenders or part of the tender documentation are submitted

electronically then they shall be viewed by the Chief Executive or an officer designated by him/her in the presence of an officer approved by the Executive Director for Resources and Regeneration or Head of Law and a record shall be made in an electronic folder or by alternative means.

14.1.3 In the case of electronic auctions a Report should be brought to Mayor

and Cabinet (Contacts) in relation to matters within the remit of the Executive or to the appropriate Committee of the Council in relation to non-executive matters to agree the use of electronic auction for the relevant procurement and to delegate to the Executive Director for Resources and Regeneration upon the advice of the Head of Law the decision whether to accept the tender.

14.2 Category B Contracts 14.2.1 Tenders shall be opened at the same time and after the deadline set for

their return, in the presence of an Executive Director, or an officer designated by him/her in writing and an officer approved by the Executive Director for Resources and Regeneration.

14.3.2 Where Tenders or part of the Tender documentation are submitted

electronically then they shall be viewed by the Executive Director or an officer designated by him /her in writing in the presence of an officer approved by the Executive Director for Resources and Regeneration and a record shall be made in an electronic folder as appropriate.

14.2.3 In the case of an electronic auction the Executive Director or an officer

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designated by him/her in writing will view the final submissions in the presence of an officer designated as above and a record of the result of the auction shall be recorded on line or by alternative means.

14.3 Category C Contracts 14.3.1 Quotations shall be opened at the same time and after the deadline set

for their return in the presence of a Head of Service, or an officer designated by him/her in writing and an officer approved by the relevant Executive Director.

15. Late Submissions, Errors, Discrepancies and Alterations 15.1 A tender or quotation received after the time and date specified in the

invitation shall not be accepted or considered unless exceptionally at the time of receipt, other tenders have not been opened and the relevant Executive Director upon the advice of the Head of Law authorises in writing that it can be accepted.

15.2 Where there are errors or discrepancies in a tender, the tenderer is to be

given details of these and afforded an opportunity of confirming or withdrawing the tender.

15.3 No alteration shall be made to any tender after the time fixed for the

submission of that tender, save in circumstances approved as appropriate by the Executive Director for Resources and the Head of Law.

15.4 Where the Council uses an electronic auction as a procurement procedure

enabling suppliers/providers to adjust their tender price in the light of information from the tender prices submitted by competing suppliers/providers, then alterations will be accepted as permitted by the auction process.

16. Award of Contract 16.1 Category A Contracts - Decisions about the award of a Category A

contract can only be made in accordance with the Council’s Scheme of Delegation for non-executive functions or the Mayoral Scheme of Delegation for executive functions, in both cases having regard to the advice of the Executive Director for Resources and the Head of Law.

16.2 Category B Contracts – A contract may only be awarded to a tenderer

who has submitted the most economically advantageous tender. However, where the most economically advantageous tender is not the lowest price, the decision maker or decision making body may only award a contract with a value of £500,000 or more in accordance with the Council’s or

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Mayoral Scheme of Delegation as appropriate and subject to the Executive Director for Resources’ written approval. In all cases the reasons for acceptance shall be recorded in the contract register referred to in paragraph 7.

16.3 Category C Contracts – A contract may be awarded by the relevant

Executive Director or Head of Service in accordance with the relevant Directorate scheme of delegation.

16.4 Contracts Exceeding the Written Estimate - Any contract which

exceeds the original written estimate of the scheme cost by more than 10% may only be awarded by an officer to whom the award has been delegated on the approval of the Executive Director for Resources and Regeneration. If the tender exceeds the written estimate of the value of the contract by £100,000 (£250,000 in the case of Works) or more, it shall be referred for approval to the appropriate committee for non-executive functions or in accordance with the Mayoral scheme of delegation in relation to executive functions. In both cases, the decision shall be taken having regard to the advice of the Executive Director for Resources and Regeneration.

16.5 Energy Contracts 16.5.1 The privatisation of the energy market has created a volatility in prices

which requires an exception to be made to the Contract Procedure Rules for the award of energy and water contracts. The Executive Director for Resources and Regeneration has delegated authority to award energy or water contracts regardless of value subject to the conditions set out at 16.5.2 below.

16.5.2 At the completion of the tender opening, officers shall undertake proper

checks and analysis and prepare a report to the Executor Director of Resources and Regeneration on the outcome with a recommendation for the award of contract. The delegated authority of the Executive Director shall not apply and approval must be obtained in accordance with the Mayoral Scheme of Delegation if :

• the additional cost of green electricity over brown exceeds 5%

• the overall cost of the contract exceeds the annual value of the previous contract by 50%

• the contract length exceeds 3 years 16.5.4 An information report shall be presented to Mayor & Cabinet (Contracts)

once each year prior to the autumn budget setting period. The report will summarise the contracts awarded during the previous 12 months and the

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financial implications for budget holders. The parameters for the delegation will also be reviewed and agreed at the same time.

16.6 Frameworks 16.6.1 As stated in paragraph 9.1.2 if an external framework is the chosen

procurement route then authority from the Executive Director for Resources and Regeneration is required to access the framework.

16.6.2 As most frameworks include multiple contractors, suppliers or service

providers the next stage will involve conducting a mini-competition between all those on the framework who are capable of providing the requirement. It is possible to choose a single company from a framework using the pre-tendered rates and if this route is chosen a single tender action exception would be required under Contract Procedure Rule 12 above..

16.6.3 If a mini-competition is held then the process for the award of contract

would be based upon the contract value Category as shown in paragraphs 16.1 – 16.3 above.

17. Scrutiny/Standstill Period 17.1 Standstill period

Where the contract has been tendered under the EU procurement regime the contract cannot come into force until a mandatory ‘standstill’ period has elapsed. The standstill period is:

• 10 day period between contract award and the contract actually being signed where the notification to bidders is sent electronically or by fax; or

• 15 day period after the sending date where the letter is sent by means other than fax or email

The purpose of the standstill period is to allow unsuccessful tenderers the opportunity to suspend the process by judicial challenge where they consider that they have a valid case to challenge the award decision.

17.2 Scrutiny

Where the contract is for building, construction and engineering works contracts with an estimated value of over £1m or other contracts with an estimated value of over £200,000,its award by the Executive will be a key

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decision under Article 16 of the Constitution and will be subject to scrutiny by the relevant Business Panel of the Council. It is therefore necessary to observe all necessary scrutiny timescales between the award of contract and the execution of the contract.

17.2.1 Where the contract has been procured through an EU procurement, the

scrutiny period will run in parallel with the standstill period and the contract cannot be executed until the expiry of the scrutiny period or the standstill period whichever be the later.

18. Requirement for contracts to be in writing 18.1 All contracts shall be in writing and shall be signed on behalf of the

Council or executed in accordance with the following arrangements and with such instructions as may be issued from time to time by the Head of Law.

18.1.1 Property Contracts

This paragraph relates to contracts for the acquisition, sale or grant of any interest in land (“Property Contracts”). Property Contracts up to a value of £200,000 shall be signed by the Head of Law or by the Executive Director or Director of Regeneration and Asset Management (or their duly authorised representatives) and in that event a copy must be kept and an electronic copy provided to the Head of Procurement. Property Contracts with a value in excess of £200,000, where the transaction is to be effected by a separate transfer, lease or other form of deed, shall be signed by the Head of Law or an Executive Director and at least one other officer duly authorised by them. Property Contracts with a value in excess of £200,000 where no further deed is to be executed shall be sealed with the Council’s common seal and signed by the Head of Law (or an officer authorised by him/her to do so).

18.1.2 All other Contracts

Contracts in excess of £200,000 in value shall be sealed with the Council’s common seal and signed by the Head of Law (or an officer nominated by him/her to do so).

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Contracts with a value between £100,000 and £200,000, must be signed by an Executive Director and at least one other officer and a copy produced to the Head of procurement for the details to be included in the contract register under Contract procedure Rule 7. Contracts with a value up to £100,000 must be signed by an Executive Director and a copy produced to the Head of procurement for the details to be included in the contract register under Contract procedure Rule 7 .

19. Variations and Extensions 19.1 Subject to the Council/Mayoral Scheme of Delegation, and Contract

Procedure Rule 12 (exception) and upon the advice of the Head of Law a decision to vary an existing contract can be taken only in the following circumstances:

19.1.1 where it is permitted under the terms and conditions of the contract; or 19.1.2 where it is outside the scope of the original contract terms provided it is:

• the same or similar to the works, services or goods of the contract; and

• within the description contained in the contract notice and/or specification issued to tenderers;

• economically prudent and lawful to do so. 19.2 A decision to extend an existing contract for a particular period can be

taken provided: 19.2.1 such extension is permitted under the terms and conditions of the contract; or 19.2.2 it is a single extension of the contract by up to 1 year or half the contract

term (whichever is less) provided that if the contract was procured under the EU procurement regime and/or an OJEU Notice or other notice as required under the EU regime was published, its wording permits the contract to continue for the further defined period; and

19.2.3 where the existing contract was below the relevant EU threshold the

extension shall not cause it to exceed such threshold limit unless it is permissible lawfully;

and in all cases

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• the appropriate level of approval in accordance with the Council ‘s Scheme of Delegation for non-executive functions or the Mayoral Scheme of Delegation for executive functions shall be the value of any such variation or extension together with any pre-existing variations or extensions.

• no variation or extension of the contract period may be made unless the performance of the contractor is satisfactory and there is adequate budgetary provision.

20. Liquidated and Ascertained Damages 20.1 All service and works contracts with the exception of those contracts which

have a value below £50,000, shall provide for liquidated damages, save where the Executive Director for Resources and Regeneration upon the advice of the Head of Law determine that it is not appropriate.

21. Security and Guarantee 21.1 The Council shall take such security and/or guarantee for the due

performance of every contract as is, in the opinion of the Executive Director for Resources and Regeneration upon the advice of the Head of Law sufficient in all the circumstances.

21.2 A performance guarantee bond and/or parent company guarantee may be

required as a condition for the award for contract having taken due account of the risks, if any, to the Council in entering into a contract for the carrying out of works or provision of services.

21.3 In relation to a contract with a value above £50,000 the Executive Director

for Resources and Regeneration upon the advice of the Head of Law shall consider whether there is a need to take security against the contractor’s performance and the contractor’s potential liabilities taking account of the risks associated with the subject matter of the contract. Where, after an assessment and upon the advice of the Head of Law he or she judges the risks of the procurement low a bond and/or guarantee need not be taken.

21.4 All tender documentation for contracts over £50,000 shall make reference

to the potential for taking security in the form of a guarantee bond and/or parent company guarantee.

22. General Rule

The existing delegation by the Mayor to Mayor and Cabinet (Contracts) shall not prevent him from reserving the functions to himself. Should he do so , references in these Contract Procedure Rules to Mayor and Cabinet

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(Contracts) shall be to the Mayor . Similarly should he delegate the functions of the Mayor and Cabinet (Contracts) elsewhere reference shall be to the body/person the Mayor has delegated these functions.

23. Grant Funded Expenditure Where the Council receives grant funding and is named as the

accountable body for the expenditure of monies where the terms of the grant permit the Council to directly carry out the works or procure services or purchase goods any procurement under such grant funding shall be conducted in line with the Contract Procedure Rules.

23.2 Where any such grant funding is for use by a third party the obligation to

account for the funding contained in the grant terms will be included in the agreement with the third party. Further, the terms of making the grant shall require the third party to competitively tender services, goods or works in accordance with the EU procurement regime and UK regulations. They shall also reflect the Council’s strategies, policies and objectives insofar as they apply or are compatible with the funding objectives as set out in the grant terms imposed upon the Council together with its procurement rules as set out in the Contract Procedure Rules.

23.3 The Head of Law shall, in relation to such grant funding, give

consideration as to whether it constitutes State Aid as defined under EU legislation and if so provide directions as to the management of such funding to comply with EU and UK law.

24. Maintained Schools where there is no Delegated Budget to the

School 24.1 Where the Council is procuring works, services or goods on behalf of a

school without a delegated budget then it must follow its own procurement rules as set out in these Contract Procedure Rules.

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J COMMITTEES GENERAL RULES 1. Political balance

Save where the law provides otherwise, each committee and sub committee must comply with the political balance requirements of Section 15 and 16 Local Government and Housing Act 1989. Although not required under the 1989 Act, membership of the Licensing Committee (but not its sub-committees) shall also comply with the political balance requirements.

2. Proceedings

Each Committee (with the exception of the overview and scrutiny committee) will have authority to institute, compromise, defend or settle any legal proceedings within their terms of reference. Such committees may also incur the necessary expenditure to do so.

3. Sub committees

Every committee may appoint a sub committee for any purpose within their terms of reference.

4. Chairing Committees

No person may be elected as Chair or Vice Chair of a Committee or sub-committee unless he/she is an elected member of the Council

5. Membership of sub committees

At least a majority of every sub committee must be elected members of the Council.

6. Discontinuance of sub committees

Unless previously discontinued, every sub committee will cease to function at the same time as the committee appointing it.

7. Quorum (a) In the case of all committees and sub committees, no business may be

conducted unless at least one quarter of the entire number of councillors on the committee

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(b) Notwithstanding (a) above, in no case shall the quorum for any committee (or a sub committee) be less than 3

(c) If there is no quorum after 15 minutes from the time shown in the

summons for the start of the meeting, then no meeting will take place. (d) If a meeting becomes inquorate during its proceedings, business must be

suspended. If after 5 minutes there is still not a quorum present, the meeting shall terminate.

8. Meetings open to all members of the Council

Any member of the Council (including the Mayor) wishing to attend any meeting of any committee or sub committee of which he/she is not a member may do so. Save to the extent expressly provided to the contrary in the Constitution, he/she shall not take part in the proceedings without the consent of the committee or sub committee. He/she may not vote. However, as is permitted by the Member Code of Conduct, a member of the Council may attend a meeting of a committee or sub committee of which he/she is not a member during the consideration of any matter unless they have a disclosable pecuniary interest, in which case they must not be present and the Council’s Member Code of Conduct will apply – see Part V Ethics.

9. Election of Chair and Vice Chair

The appointment of a Chair and Vice Chair shall be the first business at the first meeting of every committee in any year.

10. Absence of Chair

In the absence of the Chair from a meeting, the Vice-Chair will preside. If neither are present, a chair for that meeting shall be elected.

11. Limitation on chair/vice chair and members of the Executive

Executive members may not chair standing committees or sub-committees. The Chair or Vice-Chair of a standing committee or sub committee shall not be the chair of any other standing committee or sub committee. However, this rule does not prevent the chair of any committee chairing a sub committee of the committee they chair or the Strategic Planning Committee. The Chair of the Constitution Working Party, the Chair of the Audit Panel, the Chair of an Appointments Committee and the Chair of the Standards Committee shall not be precluded from chairing any other committee or sub committee of the Council.

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12. Limitation on membership of committees

Members of the Executive may not also be members of the overview and scrutiny committee or any of its select committees or the Business Panel. Executive members may however be members of any other committee or sub committee of the Council subject to any limits set out in law or this Constitution.

13. Duties of the Chair and Vice Chair of Committees

The Chair of a committee shall:-

(1) preside at every meeting at which he/she is present (2) be an ex officio member of every sub committee appointed by

the committee of which he/she is chair. (3) (Except in the case of the select committees appointed by the

Overview and Scrutiny Committee,) preside at those sub committees unless the subcommittee decides otherwise.

(4) be entitled to vote in the first instance and in the case of

equality of votes, to give a casting vote, whether he/she voted in the first instance or not.

(5) if present, sign the minutes. (6) if present, submit any report of the committee to the Council

and move it under Rule C 3(2)

The Vice Chair of the committee shall:-

(1) be ex officio members of all sub committees appointed by the committee of which they are the Vice Chair

(2) in the absence of the chair, preside at meetings of the

committee or sub committee as appropriate. In doing so, the Vice Chair will have the same powers and rights as the Chair.

14. Special meetings

(a) The Chair may call a special meeting of the committee he/she chairs at any time. A special meeting may also be called on the requisition of a quarter of the whole number of the committee or sub committee delivered in writing to the proper officer stating the

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business to be considered. However, in no case shall 2 or fewer members requisition a special meeting of any committee or sub committee.

(b) The summons to a special meeting shall set out the business to be

considered and subject to Rule G5 (Urgency) no business other than that set out in the summons shall be considered at that meeting.

(c) The meeting will take place within a maximum of 21 days of the

receipt of the requisition by the proper officer. 15. Joint meetings of Committees

(a) Two or more committees may meet jointly to consider business of their mutual concern. At such joint meetings a Chair for that meeting shall be elected from the whole membership present.

(b) Decisions at joint meetings shall nevertheless be determined by

the particular committees within whose terms of reference the matter to be decided falls. Only the Chair of the committee concerned shall have a casting vote.

(c) Any report of a joint meeting of committees to the Council shall be

submitted by the Chair elected for the meeting.

(d) The minutes of a joint meeting shall be referred to the next meeting of each of the participating committees for approval and signature under the procedure specified in Rule C23 (minutes)

16. Resignations Any member may resign from a committee or sub committee by giving

written notice signed by him/her to the proper officer. The resignation takes effect immediately on receipt.

17. The proper officer References in this Constitution to the proper officer shall be to

the Chief Executive or such person as he shall nominate in writing to all members of the Council to be the proper officer for any purpose.

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K Financial Regulations The Regulations in the following paragraphs lay down the procedures to be followed by officers in discharging their financial duties. They are effective from 24 October 2011. Executive Directors are responsible for ensuring the officers in their directorates comply with these Regulations and any guidance issued by the Executive Director for Resources and Regeneration. Attached to these Regulations are the Financial Procedures issued by the Executive Director for Resources and Regeneration. These are integral to the Regulations and provide further explanation of the procedures to be followed by officers in discharging their financial duties. Financial Procedures are updated from time to time by the Executive Director for Resources and Regeneration to reflect new and/or changing issues. The Regulations and Financial Procedures form part of the Council’s regulatory framework alongside the Constitution and the annual scheme of delegation and must be adhered to by council officers. Failure to comply with the Regulations and Financial Procedures may constitute misconduct, including gross misconduct, and lead to formal disciplinary action. In the following Financial Regulations and Procedures the term ‘Executive’ refers to the Mayor, the Mayor and Executive members collectively, or individual Executive members insofar as the Mayor has retained executive powers for him/herself or has delegated authority to the Executive collectively or individually for the activity referred to (Council Rules of Procedure and Standing Orders D3). Reference should be made to the current scheme of delegation to ascertain the person or body currently exercising executive power for the activity in question. Under the Constitution adopted by Lewisham Council with effect from 15 August 2008, the scheme of delegation is adopted annually. The annual scheme of delegation consists of delegations of executive functions and powers from the Mayor (Article 15.2 and Council Rules of Procedure and Standing Orders D3–6) and the delegation of non-executive functions by the full Council (Article 15.1). Financial Regulations and Procedures must be read in conjunction with the scheme of delegation currently in force. Information on the current scheme of delegation can be obtained from the Monitoring Officer. Where an executive function is delegated to an officer, area committee, joint committee or another local authority (D3), the rules, procedures, financial limits and reporting of financial matters as set out in Financial Regulations and Procedures shall remain in force, except where another arrangement is specifically set out in the formal delegation of executive authority. In any instance, any breach of Financial Regulations and Procedures shall be reported to the Executive Director for Resources and Regeneration.

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Chief Finance Officer A.1. S151 Local Government Act 1972 requires a named officer, who must be a CCAB qualified accountant, to take responsibility for the proper administration of the Council’s financial affairs. S114 Local Government Finance Act 1988 requires the Chief Finance Officer to make a public report in specified cases of actual or anticipated financial misconduct or if there is a potential budget deficit. In Lewisham, these duties are vested in the Executive Director for Resources and Regeneration. A.2. The Council’s Constitution sets out the following as the functions of the Chief Finance Officer: (a) Ensuring lawfulness and financial prudence of decision making. After consulting with the Head of Paid Service and the Monitoring Officer, the Chief Financial Officer to report to the full Council, or to the Executive in respect of executive functions, and the Council’s external auditor, if he/she considers that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency, or if the Council is about to enter an item of account unlawfully. (b) Administration of the Council’s financial affairs. The Chief Finance Officer will have responsibility for the administration of the financial affairs of the Council. (c) Providing advice. The Chief Finance Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial propriety, probity and budget and policy framework issues to all Councillors including the Mayor and will support and advise Councillors and officers in their respective roles. (d) Giving financial information. The Chief Finance Officer will provide financial information to the media, members of the public and the community. A.3. The Executive Director for Resources and Regeneration is also specifically responsible for advising and reporting to the Executive on:

• the resources required to implement council policies, including financing partnership arrangements

• the level of Council Tax to be levied

• the Council’s prudential guidelines, in particular forward projections of revenue commitments and the budget strategy

• the annual borrowing limit

• the Capital Programme

• the Treasury Strategy

• arrangements for financial administration, including accountancy, audit and risk management

• the Annual Statement of Accounts and its publication.

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A.4. The Executive Director for Resources and Regeneration also has a statutory duty to ensure that the accounts and supporting records of the Council are maintained in accordance with proper practices and kept up to date. Also, that the accounts present fairly the financial position and that reasonable steps have been taken for the prevention of fraud and other irregularities. A.5. The Executive Director for Resources and Regeneration shall have access to all financial records held in the Council and require explanations from Council officers as necessary.

A.6. The Executive Director for Resources and Regeneration shall oversee Council procedures regarding debt recovery determined by the Executive Director for Customer Services. A.7. The Executive Director for Resources and Regeneration shall receive a report, from the appropriate Executive Director, of any material breach of financial regulations or procedures. If deemed to be of a serious nature, then the Executive Director for Resources and Regeneration shall submit an appropriate report to the Executive.

Executive Directors

A.8. Executive Directors have overall accountability for the finances of their directorate and must ensure there are proper systems for financial administration and control. Executive Directors shall consult the Executive Director for Resources and Regeneration on any matter which is liable materially to affect the finances of the Council before any provisional or other commitment is incurred and before reporting to the Executive. A.9. Executive Directors shall ensure that accounting systems and procedures within their directorates incorporate adequate controls to safeguard against loss and fraud. Executive Directors shall ensure that officers in their directorates have adequate training in order for them to comply with financial regulations.

Director of Programme Management and Property A.10 The Director for Programme Management and Property shall be accountable to the Executive Director for Resources and Regeneration for all matters pertaining to Section 151 responsibilities as they affect the Council's property. Where a potential conflict arises between the service considerations and the S151 duties, the S151 duties must prevail.

Heads of Service

A.11. Under the arrangement for financial devolution, there shall be three Heads of Service designated to support Executive Directors and budget holders in

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discharging their financial and budgetary responsibilities. The Heads of Service shall be as follows:

• Head of Corporate Finance

• Head of Business Management and Service Support and acting Deputy S151 officer

• Head of Resources (Schools), Children and Young People’s Directorate A.12. They shall be accountable to the Executive Director for Resources and Regeneration on all matters pertaining to Section 151 as they affect the Council’s finances. Where a potential conflict arises between the service considerations and the S151 duties, the S151 duties must prevail.

Decision making

A.13. Where officers make decisions under delegated authority, they shall record their decisions and the reasoning behind them and shall store those records in such a way as to be accessible for scrutiny, audit and inspection. A.14. Where officers make a Key Decision under delegated authority, they shall only do so on the basis of a written report that contains service, corporate, financial and legal considerations. Officers shall further comply with all other requirements of Key Decisions as set out in the Rules of Procedure and Standing Orders (G23). Key Decisions A.15. The Constitution identifies certain executive decisions as being Key Decisions (Article 16.2) and sets out in Part IV the procedures that must be followed when Key Decisions are made (Rules of Procedure and Standing Orders G12–25). These procedures apply whether a Key Decision is exercised by the Mayor or is delegated to the Executive collectively or an individual Executive member, by an area committee, joint committee or another local authority, or by an officer. The full list of Key Decisions is set out in Article 16.2 of the Constitution. The following list highlights those Key Decisions most directly related to financial matters:

• decisions which will involve expenditure or savings of £500,000 or more

(save treasury management transactions taken in accordance with the

Council’s Treasury Management Strategy as approved by the Council)

• consideration of any report relating to the possibility of the withdrawal of

delegation of budget from a school

• the Council’s scheme for the financing of maintained schools

• closure of, or a significant reduction in the provision of, any Council

service

• the fixing of fees and charges for Council services

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• granting or withdrawing financial support to any external organisation in

excess of £10,000

• writing off any individual bad debt in excess of £50,000, unless the

Council has within the last three years already written off debts for the

person/organisation concerned totalling that amount, in which case any

further write off would be a Key Decision

• the disposal of any council property for less than best consideration

• the disposal of any interest in council property with a value of £500,000

or more

• the taking by the Council of an interest in land worth £500,000 in total

• the granting of any interest in land where the interest is valued at

£500,000 or more

• applications for funding from any external body which if successful

would also require council match funding of £500,000 or more, or entail

a revenue commitment of at least £500,000 in total by the Council

• consideration of any matter in which, to the decision-maker’s

knowledge, the decision-maker (or any member of a committee or

subcommittee making the decision) has an interest which ought to be

declared ; an interest includes a family member, friend, employer or

organisation with which the member is associated Where there is any doubt as to whether a decision is a Key Decision, it should be treated as if it were a Key Decision in any event.

Annual revenue budget and budgetary control Budget format B.1. The general format of the budget will be approved by the Council and proposed by the Executive on the advice of the Executive Director for Resources and Regeneration. The draft budget should include indicative cash limits to different services and projects, proposed taxation levels and contingency funds. Budget preparation B.2 The Executive Director for Resources and Regeneration is responsible for issuing guidance on the general content of the budget. Following approval of the budget for the forth coming year by full Council, the Executive Director for Resources and Regeneration will allocate resources for discharge by the directorates, which will operate within cash limits. B.3. Financial control and administration is the responsibility of officers in finance, with responsibility for budgetary control and financial monitoring vested in the

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budget holders. Executive Directors shall prepare budgets in accordance with guidance given by the Executive Director for Resources and Regeneration. B.4. Officers shall ensure that the Executive and delegated decision-makers have the fullest information to enable them to exercise responsibility for the financial and other resources made available. Officers shall further ensure that such information is given in writing and includes service, legal and financial implications and a consideration of options. They shall further ensure that such information is made available to executive decision-makers within a sufficient timescale to allow them to give the matter proper consideration. Officers shall further ensure that all reports that have financial implications are forwarded to the Executive Director for Resources and Regeneration, who shall advise of the financial implications before the report is considered by the executive decision-maker. Budget monitoring and control B.5. Executive Directors are accountable for ensuring effective budgetary control within their directorates. They shall establish budgets for directorate services and shall ensure that such budgets are properly and effectively managed by named budget holders. These budget holders shall ensure that their expenditure does not exceed their budget and that any required budget income target is achieved so as to meet their cash limit. Executive Directors are accountable for ensuring that their aggregate directorate cash limit is not overspent and they comply with the rules governing virements as set out within the Financial Procedures. B.6. Budget holders have operational responsibility for budgetary control. They shall record financial commitments against their budgets, monitor their budgets and reconcile their own records to the Council’s financial information system on a regular basis and take corrective action promptly to deal with any problems that may arise. In carrying out their budgetary responsibilities, they shall comply with any guidelines issued from time to time by the Executive Director for Resources and Regeneration. B.7. At the end of the financial year and following closure of the revenue accounts, Executive Directors will report to the Executive Director of Resources and Regeneration on the outturn of expenditure and income and the comparison with the approved budget. The Executive Director for Resources and Regeneration will report on the aggregate of the revenue outturn for all services to the Executive and full Council. Budget Virements (Please see definition on page 18) B.8. All budget virements shall be in accordance with the Financial Procedure for budgetary control and the limits set by Council. Currently Executive Directors can vire up to £500,000 with the approval of the Executive Director for Resources and

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Regeneration. The delegated limits are set out in each Directorate’s Scheme of Delegation. Executive approval is required for budget virements between £500,000 and £1m and full Council approval for budget virements of £1m and over. Treatment of year-end balances B.9. The Executive Director for Resources and Regeneration is responsible for agreeing procedures for carrying forward under and over-spendings on budget headings as part of the final outturn. Resource allocation B.10. The Executive Director for Resources and Regeneration is responsible for developing and maintaining a resource allocation process that ensures due consideration of the full Council’s policy framework. Capital expenditure B.11. The budget virement regulations pertaining to capital expenditure relate to new schemes, as budget virements from one scheme to another are not permitted. However, budget virement levels are set to ensure that new schemes have the appropriate level of approval as follows:

• up to £500k on the Council’s capital programme delegated to EDR

• over £500k and up to £1m on the Council’s capital programme

delegated to the Mayor

• over £1m on the Council’s capital programme full Council. B.12. At the end of the financial year and following closure of the capital accounts, the Executive Director for Resources and Regeneration shall report to the Executive on the aggregate of capital expenditure compared to budget and the financing of the expenditure. Repairs and Maintenance B.13. For Repairs and Maintenance items, the Director of Programme Management and Property in exercising delegation from the S151 officer may determine to move resources between schemes and divert their Repairs and Maintenance allocation towards any stream of revenue payments due under PFI or PPP contracts. B.14. Capital and revenue projects will be managed in accordance with Lewisham’s Standard for Project Management as contained in the Financial Procedures.

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Accounting

Accounting policies and standards B.15. The Executive Director for Resources and Regeneration is responsible for ensuring that the general principles adopted in compiling and presenting the annual audited accounts are in accordance with the Code of Practice on Local Authority Accounting in the United Kingdom: A Statement of Recommended Practice (CIPFA/LASAAC). Any deviations must be stated in the accounts. B.16. The accounts and accounting records shall be prepared in accordance with Financial Regulations and Procedures as issued by the Executive Director for Resources and Regeneration. Executive Directors shall close down accounts under their responsibility in accordance with the closing timetable and guidance notes issued by the Executive Director for Resources and Regeneration. B.17. Budget holders shall ensure that all expenditure and income transactions are recorded accurately on the Council’s main financial information system by the use of the correct accounting code. B.18. Executive Directors shall ensure that all systems of accounting and financial organisations in their directorates are regularly reconciled with the Council’s main financial information system administered by the Executive Director for Resources and Regeneration, and that the financial systems are kept up to date. B.19. All financial systems shall be referred to the Executive Director for Resources and Regeneration for agreement before introduction or revision. B.20. Executive Directors shall observe the following principles in the allocation of accounting duties:

• the duties of providing information regarding sums due to or from the

Council, and of calculating, checking and recording these sums, shall

be separated as completely as possible from the duty of collecting or

disbursing them.

• officers charged with the duty of examining and checking the accounts

of cash transactions shall not themselves be engaged in any of these

transactions.

Maintenance of reserves B.21. It is the responsibility of the Executive Director for Resources and Regeneration to advise the Executive and/or the full Council on prudent levels of reserves for the authority.

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Banking arrangements

C.1. The Executive Director for Resources and Regeneration (or an officer authorised in writing by the Executive Director for Resources and Regeneration) is the only officer who can enter into banking arrangements on behalf of the Council. C.2. Payments and income over £100,000 shall be notified to the Executive Director for Resources and Regeneration’ Treasury Team, for treasury management purposes. C.3. All cheques drawn and instructions to draw on a bank account shall be made by the Executive Director for Resources and Regeneration or an officer authorised in writing by the Executive Director for Resources and Regeneration.

Audit requirements C.4. All principal local authorities and other relevant bodies subject to the Accounts and Audit Regulations (Amendment) (England) Regulations 2006 should make provision for internal audit in accordance with this code of practice, and they must ‘maintain an adequate and effective system of internal audit of its accounting records and of its system of internal control in accordance with the proper practices in relation to internal control’. C.5. The Audit Commission is responsible for appointing external auditors to each local authority. The basic duties of the external auditor are governed by Section 15 of the Local Government Finance Act 1982, as amended by Section 5 of the Audit Commission Act 1998. C.6. The Council may, from time to time, be subject to audit, inspection or investigation by external bodies such as HM Customs and Excise and the Inland Revenue, who have statutory rights of access.

Internal audit function C.7. The Council’s internal auditors have access, by law, to all financial and other records. Officers shall allow the Council’s internal audit service access to such financial and other records as they may require.

Preventing fraud and corruption C.8. The Executive Director for Resources and Regeneration is accountable for the development and maintenance of an anti-fraud and anti-corruption policy.

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C.9. Executive Directors shall report promptly any suspected financial irregularity or fraud in their directorates or otherwise to the Executive Director for Resources and Regeneration. C.10. It is the responsibility of any employee discovering or having reasonable suspicion of any irregularity, misconduct or fraud immediately to notify the relevant Executive Director or Audit and Risk Manager. When so informed, the Executive Director shall appraise the circumstances and shall notify and discuss the action to be taken concurrently with the Audit and Risk Manager. All information shall be treated in complete confidence.

Contracts, orders for works, goods and services

C.11. Officers shall comply with Article 17.2 of the Constitution (Contracts) and the Council’s Contract Procedure Rules (Part IV of the Constitution, Section I). C.12. Article 17.2 requires that any contract entered into on behalf of the Council in the course of the discharge of an executive function must be in writing. Such contracts must be:

• signed by an Executive Director if the value is £100,000 or less

• signed by an Executive Director and at least one other officer if the

value is between £100,000 and £200,000

• for contracts with a value of £200,000 or more, executed under the

common seal of the Council and attested by the Head of Law or such

person as he/she nominates. C.13. When the Council proposes to enter into any contract, whether it relates to works (construction or engineering contracts) and/or the supply (including the hire and leasing) of all goods and services, the Contract Procedure Rules must be applied. C.14. All contracts shall comply with the EEC Treaty and with any relevant European Directives currently in force in the United Kingdom, as well as all relevant national legislation. C.15. A number of corporate contracts exist which provide value for money. Officers are not permitted to purchase any commodities covered by these contracts outside of these contracts without the approval of the Executive Director for Resources and Regeneration. A full list of these corporate contracts is contained in the Financial Procedures.

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Accounting treatments

C.16. Executive Directors shall ensure adequate arrangements for the certification of payments which provide proper verification and authorisation of sums due, including adequate internal division of duties and internal control. C.17. Executive Directors are responsible for orders issued from their directorates, which should be specific regarding terms and conditions and as a minimum must include the Council’s standard terms and conditions. Executive Directors shall maintain up to date lists of authorised signatories and ensure compliance. Orders shall be issued for all work, goods or services to be supplied by the Council. C.18. In all matters of payments, orders and payroll officers shall follow the designated internal division of duties and internal control set by the directorate.

Interests in contracts C.19. By law, officers are required to give written notice to the Chief Executive of any pecuniary, personal or prejudicial interest they may have in a contract which has been or is to be entered into by the Council, other than a contract to which they are a party. Members too are under a legal duty to declare any personal interest they may have in any contract. C.20. Members and officers shall be required to abide by the Member and Employee Code of Conduct (copies of which are included as Part V of the Constitution), particularly in relation to their personal interests in contracts which have been or are to be awarded by the Council.

Related Party Transactions C.21. Members, Executive Directors, Heads of Service and all staff graded SMG1 and above shall state any declarations of interest or related party transactions at least once a year in accordance with the guidance issued.

Consultants C.22. Officers shall follow the Contract Procedure Rules (Section I of the Constitution) and the Appointment of Consultants Procedure Rules (Resources and Regeneration intranet page).

Assets and records C.23. Each Executive Director shall be responsible for managing their directorate’s assets, to include maintaining a full inventory in a form determined by the Executive Director for Resources and Regeneration, ensuring their

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security and arranging insurance through the Executive Director for Resources and Regeneration. All assets valued at purchase above £20,000 must be logged on the accounting asset management database maintained by the Accounts and Capital Team. C.24. Executive Directors should ensure that contingency plans for the security of assets and continuity of service in the event of disaster or system failure are in place. C.25. Officers, in acquiring and disposing of assets, shall comply with the Council’s Financial Procedures. C.26. With regard to the acquisition and disposal of land and property, including the granting and taking of leases, licences, wayleaves and easements, all negotiations must be conducted either by or under the supervision of an appropriately qualified officer or adviser. For the purpose of these regulations the appropriately qualified officer or adviser is the Director of Programme Management and Property and he/she shall expressly be required to approve any proposed terms in advance and thereafter the terms tentatively agreed. When disposing of land and property, the Director of Programme Management and Property shall comply with Section 123 of the Local Government Act 1972 and if the disposal is at less than best consideration ensure that the necessary ministerial consents have been obtained. C.27 Officers should note the definition of the disposal or write off of assets as a Key Decision in certain instances in Article 16.2c of the Constitution and shall comply with the Council’s Rules of Procedure and Standing Orders (G12–25) where the disposal is a Key Decision. C.28. Each Executive Director shall be responsible for keeping and maintaining full financial, staffing and other records necessary for the proper administration of their directorate’s affairs. They shall supply such information and records to the Executive Director for Resources and Regeneration on request. All records shall be maintained for the periods specified by the Audit Commission. C.29. Executive Directors shall not write off any land and building assets (except for the Executive Director for Resources and Regeneration who has delegated authority up to £500,000), or any non land and building assets above the financial value set by the Executive scheme of delegation (currently £20,000).

Income C.30. All income receivable by the Council, in respect of work done, goods supplied or services rendered, under contracts, leases or other arrangements or agreements, or for any other reason, shall be properly collected, recorded and accounted for through the Council’s main financial information system. Demands

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for income due shall be raised and posted/sent promptly. Written or printed receipts shall be issued immediately for cash income received by an officer of the Council. Sufficient information must be obtained to enable allocation of income to the correct outstanding charge or account. All income received, in whatever form, shall be banked without delay. C.31. The Executive Director for Resources and Regeneration is responsible for assessing the level of bad debt provision. Executive Directors shall only write off individual debts against the directorate bad and doubtful debts provision within the limits of their delegation authority (see table of delegated write-off limits in the Directorate’s Scheme of Delegation), after all reasonable steps have been taken to collect the debt. Debts in excess of these limits shall be reported to the Executive. C.32. Executive Directors shall note that Article 16.2c of the Constitution defines the write off of debt as a Key Decision where the debt is in excess of £50,000 or the Council has within the last three years already written off debts for the person/organisation concerned totalling that amount. In such cases officers shall follow the procedures for Key Decisions as set out in the Rules of Procedure and Standing Orders (G12–25). C.33. Any Executive Director with delegated authority to write off debt, will prepare a summary of debts written-off under delegated authority and submit this to the Executive Director for Resources and Regeneration on an annual basis.

Treasury management and leasing C.34. All treasury management and transactions, including investments and borrowings by the Council, shall only be undertaken as authorised by the Executive Director for Resources and Regeneration. Also, the Executive Director for Resources and Regeneration shall report these transactions to the Executive in accordance with the CIPFA Treasury Management Code of Practice. The Treasury Policy Document approved by the Council specifies the parameters within which all treasury management dealings shall operate. C.35. All securities which are the property of or which are in the name of the Council or its nominees shall be held in the custody of the Executive Director for Resources and Regeneration. The registration of the Council’s stocks, bonds and mortgages and the recording of all borrowing of money by the Council shall be carried out by the Executive Director for Resources and Regeneration or under such arrangements as the Executive Director for Resources and Regeneration may determine. All proposed leasing schemes should first be notified to the Executive Director for Resources and Regeneration’s Accounts and Capital Team, who shall appraise them and direct on necessary arrangements and arrange for the Executive Director for Resources and Regeneration to authorise them if necessary.

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C.36. The Executive Director for Resources and Regeneration is responsible for reporting to the Executive quarterly, and to the Audit Panel bi-annually, each financial year on the activities of the treasury management operation and on the exercise of his or her delegated treasury management powers. One such report will comprise an annual report on treasury management for presentation by 30 September of the succeeding financial year.

Salaries, wages and pensions C.37. The full Council is responsible for determining how officer support for executive and non-executive roles within the authority will be organised. The Chief Executive is responsible for providing overall management to staff. He or she is also responsible for ensuring that there is proper use of the evaluation or other agreed systems for determining the remuneration of a job. C.38. Executive Directors are responsible for controlling total staff numbers by:

• advising the Executive on the budget necessary in any given year to

cover estimated staffing levels

• adjusting the staffing to a level that can be funded within the approved

budget provision

• varying the provision as necessary within that constraint in order to

meet changing operational needs and the proper use of appointment

procedures. C.39. The Council shall only pay such salaries, wages and pensions, compensations and other emoluments to employees or former employees as are permissible in law, and payment shall only be in a manner approved by the Executive Director for Resources and Regeneration.

Risk management and insurance C.40. The Executive is responsible for approving the authority’s risk management policy statement and strategy and for reviewing the effectiveness of risk management. The Executive is responsible for ensuring that proper insurance exists where appropriate. C.41. The Executive Director for Resources and Regeneration is responsible for preparing the authority’s risk management policy statement and strategy, for promoting it throughout the authority and for maintaining the Corporate Risk Register. C.42. The Executive Director for Resources and Regeneration is responsible for advising the Executive on proper insurance cover where appropriate and for effecting all insurance cover on behalf of the Council.

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C.43. Executive Directors shall be responsible for identifying and effectively managing all significant risks within their directorates and for maintaining a register of all areas of significant risk within their directorates. C.44. Executive Directors or their nominated representative shall notify the Executive Director for Resources and Regeneration or his/her nominated representative in writing immediately upon the occurrence of any event that to their knowledge might give rise to a claim by or against the Council. C.45. The Executive Director for Resources and Regeneration shall be responsible for negotiating all insured and self-insured claims in conjunction with claims handlers, legal advisers, loss assessors and loss adjustors as appropriate.

Gifts and hospitality C.46. Employees must follow the code of practice for receipt of gifts and hospitality as contained in the Employee Code of Conduct. Any breach of the code may result in disciplinary action.

Local management of schools C.47. These Financial Regulations also apply to schools and other institutions with delegated budgets under local management arrangements apart from the exceptions detailed in the Scheme of Delegation to Schools.

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GLOSSARY budget holder means an officer approved by the Executive Directors to take responsibility for budgets which have been allocated to them.

order means an instruction from the Council to a contractor or supplier to supply work, goods or services.

authorised signatory means an employee with delegated authority to sign orders and payments on behalf of a directorate.

assets means land, buildings, plant, equipment, vehicles, furniture, IT hardware and software, fixtures and fittings, materials.

inventory means a list of all assets held above a specified value or by type, containing a description of each asset, its location, its value, any service contract and date of acquisition.

contract means a legal agreement with another party to do work or have work done, or provide supplies and services.

consultant means any individual or organisation appointed to deliver a specified project with specified deliverables and a timetable. The project should either be developmental and/or problem solving and/or diagnostic and/or re-engineering in nature.

authorised client officer means the employee authorised by the Executive Director to take responsibility for managing contracts on the directorate’s behalf.

budget virement means the transfer of a budget from the purposes for which Council originally voted in setting the budget and Council Tax to another purpose.

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PART V

ETHICS

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TERMS OF REFERENCE FOR STANDARDS COMMITTEE

To deal with all matters relating to the ethical framework affecting members of the Council under Part I Chapter 7 Localism Act 2011 as amended and all other relevant legislation including regulations, directions and guidance. This shall include but not be limited to:-

1) The promotion of the highest standards of behaviour by members of the Council, including the Mayor, councillors, independent members and co-optees.

2) Advising the Council on the introduction and operation of the Member Code of Conduct, making recommendations for change as the Committee sees fit

3) Training all members in the operation of the Member Code of Conduct and ensuring that it is well publicised both within and outside the Council.

4) The introduction, implementation and maintenance of a procedure for dealing with allegations of breach of the Member Code of Conduct; including monitoring and review and amending it from time to time as the Committee sees fit.

5) Dealing with allegations of breach of the Member Code of Conduct, referred to them by the Monitoring Officer and the imposition of sanctions as appropriate in accordance with the law, the Council’s Constitution and relevant procedures adopted by the Council.

6) Monitoring and review of the Council’s whistleblowing procedures and cases referred to the whistleblowing officer under it, making recommendations to the Council as the Committee considers appropriate.

7) Consideration of applications for dispensation to allow members to participate in consideration of matters in which they would, but for a dispensation, not be able to participate, in circumstances permitted by law.

8) Annual monitoring and review of the Council’s Code of Corporate

Governance, including an assessment of the degree of compliance, submitting a report in this respect to full Council on an annual basis.

9) To adjudicate on any dispute relating to the payment of Members’ Allowances or expenses under the Members’ Allowances scheme in force from time to time.

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10) To review the Council’s use of the powers available to it under the

Regulation of Investigatory Powers Act 2000.

11) All things necessary or in the opinion of the Committee appropriate to fulfill the role and remit of a Standards Committee as defined by law or the Council’s constitution.

Composition 10 elected members of the Council and 6 co-opted members

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LONDON BOROUGH

OF

LEWISHAM

MEMBER CODE

OF

CONDUCT

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MEMBER CODE OF CONDUCT

1. Introduction

1.1 This Code sets out the principles and standards of behaviour for all

members of the London Borough of Lewisham, both elected and co-opted members. It is designed to demonstrate the Council’s commitment to the highest standards of ethical behaviour. Certain minimum requirements are set out in law and these are all included in this Code. However, the Council has put in place some elements of this Code by exercising its own local discretion to do so. Those elements which the Council has included under this discretionary power are contained within text boxes below.

1.2 For the avoidance of doubt, when the term “members” is used in this

Code, or any appendices or protocols under it, it means the Mayor, elected and co-opted members.

2 Principles 2.1 Members are required to comply with the following principles in their

capacity as a member:-

• SELFLESSNESS

• INTEGRITY

• OBJECTIVITY

• ACCOUNTABILITY

• OPENNESS

• HONESTY

• LEADERSHIP

• INDEPENDENT JUDGEMENT

• RESPECT

• STEWARDSHIP

2.2 Accordingly the following requirements apply:- 1) Members must act solely in the public interest. They must never

improperly confer an advantage or disadvantage on any person nor seek to do so. They must not act to gain financial or other benefit for themselves, their family, friends or close associates.

2) Members must not place themselves under a financial or other obligation

to any individual or organisation that might seek to influence the performance of their duties as a member.

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LBL requires that members must not act to place themselves in a position where their integrity might reasonably be questioned and should on all occasions avoid situations which may create the impression of improper behaviour

3) Members should make decisions on merit, including when awarding

contracts, making appointments, or recommending individuals for rewards or benefits.

4) Members are accountable to the public for their actions and the manner in which they carry out their responsibilities and should co-operate fully and honestly with any scrutiny appropriate to their office.

5) Members should be as open as possible about their decisions and actions

and those of the Council. They should be prepared to give reasons for those decisions and have regard to the advice of the Council’s statutory officers before making any decision.

6) Members must act to ensure Council resources are used prudently. When

using or authorising the use by others of Council resources, members must ensure that they are used only for legitimate Council purposes and not for any other purpose. In particular they must not be used improperly for political purposes (including party political purposes). Members must have regard to any applicable Local Authority Code on Publicity under the Local Government Act 1986.

7) Members must take account of the views of others, including their political groups, but must reach their own conclusions and act in accordance with those conclusions.

8) Members should promote equality and not discriminate unlawfully against

any person, and treat all people with respect. Whilst it is acknowledged that political debate may at times be robust and forthright, and that the right of freedom of expression is essential to vibrant political discourse, members should ensure that their comments and behaviour do not overstep the line of acceptability. They should not bully any person. They should respect the impartiality and integrity of the Council’s officers

9) Members should promote and support high standards of conduct in

particular as characterised by the above requirements by leadership and example.

3 When does this Code apply? 3.1 This Code applies at all times when members act in their capacity as

member or claim to do so.

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4 Personal interests 4.1 There are three categories of personal interest.

• Disclosable pecuniary interest

• Other registerable interest

• Non registerable interest Disclosable pecuniary interest 4.2 The definition of disclosable pecuniary interest is set out in regulation. It is

as follows:-

1 Employment, office, trade, profession or vacation

Any employment, office, trade, profession or vocation carried on by a relevant person* for profit or gain.

2 Sponsorship

Any payment or provision of any other financial benefit (other than from the Council) made or provided within the 12 months prior to the date of giving notice of interest for inclusion in the register in respect of any expenses incurred by the Member in carrying out duties as a member, or towards the election expenses of the Member.

This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

3 Contracts

Any contract which is made between a relevant person* (or a firm in which they are a partner, or a body corporate in which they are a director or in the securities** of which body corporate they have a beneficial interest) and the relevant authority—

(a) under which goods or services are to be provided or works are to be executed; and

(b) which has not been fully discharged.

4 Land

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Any beneficial interest in land which is within the borough.

5 Licences

Any licence (alone or jointly with others) to occupy land in the borough for a month or longer.

6 Corporate tenancies

Any tenancy where (to the Member’s knowledge)—

(a) the landlord is the Council; and

(b) the tenant is a body in which the relevant person* is a firm in

which they are a partner, or a body corporate in which they are a director or in the securities** of which body corporate they have a beneficial interest.

7 Securities

Any beneficial interest in securities of a body where—

(a) that body (to the Member’s knowledge) has a place of

business or land in the borough; and

(b) either—

(i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or

(ii) if the share capital of that body is of more than one class, the

total nominal value of the shares of any one class in which the relevant person* has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

* For the purposes of this paragraph 4.2, a “relevant person” is:-

(i) the Member, their spouse, or civil partner; (ii) a person with whom the member is living as husband and

wife; or (iii) a person with whom the member is living as if they were civil

partners.

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** For the purposes of this paragraph 4.2, “securities” means shares, debentures, debenture stock, loan stock, units of a collective investment scheme within the meaning of the Financial Services and markets Act 2000 and other securities of any description other than money deposited with a building society

4.3 Members must within 28 days of taking office as a member, notify the

Monitoring Officer of any disclosable pecuniary interest where the pecuniary interest is the interest of themselves, their spouse or civil partner (or is the interest of someone with whom the member lives as spouse or civil partner) for inclusion in the Register of Members’ Interests.

Other registerable interest

4.4 Members must also within 28 days of taking office as a member, notify the

Monitoring Officer of such further interests as LB Lewisham has decided should be included in the register

Membership or position of control or management in:-

• Any body to which you were appointed or nominated by the Council

• Any body exercising functions of a public nature (described below) or directed to charitable purposes, or whose principal purposes include the influence of public opinion or policy, including any political party

Any person from whom you have received a gift or hospitality with an estimated value of at least £25

There is no definitive list of bodies exercising functions of a public nature, but those bodies which:-

• carry out a public service, or

• take the place of local/central government (including through outsourcing); or

• carry out a function under legislation or in pursuit of a statutory power; or

• can be judicially reviewed,

are likely to be bodies carrying out functions of a public nature. They include bodies such as government agencies, other councils, health bodies, council owned companies, ALMOs, school governing bodies.

4.5 LBL requires all members to ensure that their entries on the Register of Members’

Interests are kept up to date annually and that they notify the Monitoring Officer of

any change to their interests within 28 days of the change arising

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5. Declaration of interests Disclosable pecuniary interest 5.1 By law, Members with a disclosable pecuniary interest may not participate

in any discussion of, vote on, or discharge any function relating to any matter in which the member has such an interest, unless a dispensation has been granted under Section 33 Localism Act 2011.

5. Declaration of Interests Disclosable pecuniary interest 5.1 By law, Members with a disclosable pecuniary interest may not participate

in any discussion of, vote on, or discharge any function relating to any matter in which the member has such an interest, unless a dispensation has been granted under Section 33 Localism Act 2011.

5.2 In Lewisham decisions relating to dispensation may only be taken by the Standards Committee which will decide each case on its merits.

5.3 The law requires that if a member has a disclosable pecuniary interest

which is not entered on the Register of Members’ Interests, then the member must disclose the interest to any meeting of the Council at which they are present where they have a disclosable interest in any matter being considered at that meeting. However this shall not apply if the interest is a ‘sensitive interest’ (see para 5.4 below.) Following any such disclosure the law requires that members update their entry in the Register of Members’ Interests within 28 days of the date of disclosure. In this context the law defines a meeting as a meeting of the Council, or any committee, sub-committee or joint committee of it.

5.4 A ‘sensitive interest’ is an interest the disclosure of which the member and

Monitoring Officer have agreed could lead to the member or a person connected with them being subject to violence or intimidation

Other registerable interests 5.5 Members must also comply with such other provisions as the Council may

require in relation to declarations of interest. The provisions which the Council has decided to include in this Code in relation to the declaration of interests are set out in paragraphs 5.6 to 5.11 below.

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5.6 LBL requires that whenever a member has a registerable interest (pecuniary or otherwise) in any matter and they are present at a meeting at which that matter is to be discussed, they must declare the nature of the interest at the earliest opportunity and in any event before the matter is considered. The declaration will be recorded in the minutes of the meeting. If the matter is a disclosable pecuniary interest the member must take no part in consideration of the matter and withdraw from the room before it is considered. They must not improperly seek to influence the decision in any way.

5.7 Where the member has a registerable interest which falls short of a

disclosable pecuniary interest, the member must still declare the nature of that interest to the meeting at the earliest opportunity and in any event before the matter is considered, but unless paragraph 5.8 below applies, provided the member does so, they may stay in the room and participate in consideration of the matter and vote on it.

5.8 Where a member has an interest which under this Code would not be a

disclosable pecuniary interest but would be registerable (and therefore would not generally by law prevent participation in consideration of a matter in which the member has that interest,) the member must consider whether a reasonable member of the public in possession of all the facts would think that their interest is so significant that it would be likely to impair the member’s judgement of the public interest. If so, the member must withdraw and take no part in consideration of the matter nor seek to influence the outcome improperly.

Non-registerable interests

5.9 Occasions may arise where a matter under consideration would, or would

be likely to, affect the wellbeing of the member, their family, friend or close associate(s) more than it would affect those in the local area generally, but which is not required to be included in the Register of Members’ Interests (for example, a decision in relation to a school closure, where a member has a child at the school). In such matters, members must comply with paragraph 5 in its entirety as if the interest were a registerable one.

5.10 Decisions in relation to the declaration of interests are for the member’s

personal judgement. However members must consider not only whether they have an actual interest in a matter under discussion but should at all times seek to avoid the impression being created that their judgement of the public interest is or is likely to be impaired by their personal interests.

5.11 The provisions of this paragraph 5 apply not only to meetings but to circumstances where a member makes a decision alone.

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6. ACCESS TO INFORMATION 6.1 Members must not disclose confidential information given to them in the

course of their duties without the consent of the person entitled to give it unless:-

(a) there is a legal requirement to disclose the information, or (b) the disclosure is to a third person for the purpose of obtaining

professional advice and the third party agrees not to disclose it, or (c) the disclosure is reasonable, in the public interest, made in good

faith and made in accordance with the Council’s reasonable requirements. 6.2 Conversely, members must not prevent access to information to which

another is entitled by law.

7. GIFTS AND HOSPITALITY The Council maintains a Register of Gifts and Hospitality in which all members must register gifts and hospitality received from any party of £25 or over. Members must also register the identity of the party whom they believe to be the source of the hospitality or gift. Members must also record in this register any gift or hospitality offered to them but not accepted if it exceeds £25. This register will be publicly available on the Council’s website.

8 PROTOCOLS From time to time, the Council may put in place protocols which clarify this Code of Conduct and will be used to interpret it. Members must comply with any such protocols in place from time to time. There are attached to this Code 5 such protocols:- (1) Member and Officer relations (2) Member Use of IT (3) Planning and Lobbying (4 Local Authority Code on Publicity (5) Guidance Code for Members on Outside Bodies

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9 UNDERTAKING TO COMPLY LBL requires that all members sign an undertaking within two months of being elected to abide by this Code of Conduct. Failure to do so will itself amount to a breach.

10 SANCTIONS Members are reminded that breach of any of the statutory requirements relating to the registration and declaration of interests may result in prosecution. Breach of the provisions introduced locally by the Council will be dealt with in accordance with the Council’s procedure for handling allegations of breach of this Code

Members in need of advice about the application of this Code should contact the Head of Law and Monitoring Officer, Kath Nicholson on extension 47648

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APPENDIX 1

OFFICER & MEMBER RELATIONS

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Appendix 1

Protocol on Member/Officer Relations 1. An effective working relationship between members and staff is critical to

the successful operation of Council business. Excellent working relationships are required to deliver best value services to local citizens and to maintain confidence in local government in Lewisham. This protocol is designed to help members and staff to perform effectively by giving guidance on their respective roles and expectations and on their relationship with each other

Respective roles 2. Both members and Council staff are public servants. They are

indispensable to each other. But their responsibilities are distinct. All members (including the directly elected Mayor) are responsible to the electorate and serve only so long as their term of office lasts. Staff are responsible to the Council as a corporate body, and not to any single member including a directly elected Mayor. Their job is to give advice to all members (including the Mayor) and to the authority, and to carry out the authority's work under the direction and control of the Council, its executive and relevant committees.

3. Respect between members and staff, both personally and for their

different roles is essential to good local government. 'Members’ roles 4. Members have five main areas of responsibility:

(a) deciding on overall Council policy and giving the authority political leadership

(b) making decisions within overall council policy (for example on

planning applications, or on the establishment or closure of a school)

(c) monitoring and reviewing performance in implementing policy and

delivering services (d) representing the area and the Council externally (e) acting as advocates on behalf of constituents

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Depending on whether they are members of the executive or not, and on the committees to which they are appointed, members may exercise only some of these roles. However it is not the role of members to involve themselves in the day to day management of the Council's services.

5 The Mayor, members of the executive and committee chairs and vice

chairs have additional responsibilities. Because of this their relationships with employees may be different from and more complex than those of councillors without those responsibilities. This is recognised in the expectations they are entitled to have. However, such members must still respect the impartiality of officers and must not ask them to undertake work of a party political nature, or to do anything which will put them in difficulty in the event of a change in the composition of the authority.

6 As individual members, all councillors and the Mayor have the same rights

and duties in their relationship with staff and should be treated equally. Members of overview and scrutiny committees are entitled to officer advice and support in the performance of their roles just as executive members are entitled to officer advice and support in the performance of theirs.

Officers’ roles 7 The role of officers is to give advice and information to members to inform

their decision making and to implement the policies and decisions of the Council. In giving their advice it is the responsibility of the officer to present his/her professional views and recommendations. Members must not pressurise an officer to make a recommendation contrary to their professional view or use undue pressure to seek to persuade an officer to withdraw a report.

8 In discharging their role as an officer of the authority, staff must act in a

politically neutral way. 9 Certain officers, including the head of paid service, monitoring officer, chief

finance officer, the director of children’s services and the director of adult services have legal responsibilities over and above their obligations to the authority and members of it. Members must respect these obligations and must not obstruct them in the discharge of these responsibilities, or victimise them for discharging these legal duties.

Expectations 10 Members can expect from officers:-

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(a) a commitment to the council as a whole and not only to any part of it, or to any political group

(b) Respect and courtesy (c) The highest standards of integrity (d) A working partnership (e) An understanding of and support for respective roles, workloads

and pressures (f) Timely responses to enquiries and complaints (g) Professional advice, not influenced by political views or preference,

which does not compromise the political neutrality of officers (h) Regular up to date information that can be considered appropriate

and relevant to their needs, having regard to any individual responsibilities that they have and positions they hold

(i) Awareness of and sensitivity to the political environment (j) Training and development in order to carry out their role effectively (k) Appropriate confidentiality (l) That they will not use their relationship with members to seek to

advance their personal interests or to influence decisions improperly

(m) Support for the role of councillors as the local representatives of the

authority within arrangements made by the council to do so (n) Compliance with the Employee Code of Conduct at all times

Officers can expect from members

(a) Respect and courtesy (b) The highest standards of integrity (c) A working partnership (d) An understanding of and support for respective roles, workloads

and pressures

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(e) Political leadership (f) Not to be subject to bullying or to be put under pressure. Members

must have regard to the seniority of officers in determining what are reasonable requests, having regard to the power relationship between members and officers and the potential vulnerability of officers, particularly at junior levels

(g) That members will not use their position or relationship with officers

to seek to advance their personal interests or those of others or to influence decisions improperly

(h) Compliance with the Member Code of Conduct at all times

Close personal relationships 11 Both members and officers should take care not to give the impression

that their distinct roles have become blurred in some way. Maintaining confidence in the separation of these roles necessarily imposes limitations on behaviour. Close personal relationships between members and officers can confuse their separate roles and get in the way of the proper discharge of the authority's functions, not least in creating the perception in others that a particular member or officer may secure advantageous treatment.

Political Groups 12 The operation of political groups is an integral feature of local government.

They have an important part to play in the development of policy and the political management of the authority. It is in the interest of the authority to support the effective operation of political groups. However, doing so can create particular pitfalls in terms of the impartiality of officers. This protocol sets out guidance to minimise the risk of that impartiality being compromised.

13 National Conditions of Service for Executive Directors and JNC officers

provide that they "shall not be required to advise any political group of the Council, either as to the work of the Group or as to the work of the Council, neither shall they be required to attend any meetings of any political groups. This should be without prejudice to any arrangements to the contrary which may be made in agreement with any officer which includes adequate safeguards to preserve the political neutrality of the officer in relation to the affairs of the Council"

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14 The NJC for Local Government Services National Agreement on Pay and Conditions of Service provides that codes of practice for the official conduct and obligations of employees shall be locally determined. The Council applies a similar provision to those applying to JNC officers, without the exception contained in the last sentence.

15 Sometimes, officers may be asked to write reports for a political group.

Normally it should only be an Executive Director who is asked to do so. Occasionally, subject to the direction of the Executive Director, other senior employees in his/her Directorate may be asked to write reports for a political group. Neither the Executive Director nor any other officer can be compelled to write reports for (or attend) a meeting of a party political group. Sometimes it will be appropriate for a senior officer to write a report for a political group where they represent an early stage in the decision making process. A report relating to the choices to be made in the budget process might be an example. However, where a senior officer does write such a report for a political group, it should be written as if it was being prepared for the full Council, Executive or the relevant committee. Reports on matters of policy or principle, prior to decisions do not need to be so formally drafted.

16 The principles set out in paragraph 16 do not obviate the need for there to

be close and regular liaison on matters affecting the council between the Mayor, members of the Executive and committee chairs as appropriate on the one hand and Executive Directors and senior officers on the other.

17 Members and officers must always remember that decisions can only be

taken in accordance with the Council's constitution and standing orders and that decisions taken by party political groups are not Council decisions. They must only refer matters for decision in accordance with that process.

Reports to Council, Executive or Committee 19 Under the constitution adopted by the Council to comply with the Local

Government Act 2000, decisions may be made by a directly elected Mayor or an executive or members of it to whom the Mayor has delegated decision making power. In other cases, they may also be taken by the full council or committees or sub committees. The Council's constitution provides that member decisions may only be taken on the basis of a written report containing all relevant considerations. Reports to the Mayor, Executive (whether collectively or decision makers drawn from it,) or to a committee or sub committee should be written by the Executive Director or another officer authorised by him or her.

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20 It is likely that a sensitive report would be discussed with the Mayor, lead member or committee chair and that member may make suggestions for inclusion in the report. However, the report is the officer's and even if the member is unhappy with its contents, it should not be amended by that member, save with the express approval of the Executive Director. If the report of the Executive Director is thought by the member to be inappropriate, then exceptionally that member should write his or her own report in addition to the report submitted by the Executive Director.

21 Where an officer attends a political group, they must inform the monitoring

officer who will advise all other groups that the officer has attended and the subject on which they have advised. If a report was prepared by the officer he/she will supply a copy to the other political groups on request. Officers will respect the confidentiality of any matter which they hear in the course of attending a political group meeting.

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APPENDIX 2

PROTOCOL ON MEMBER

USE OF IT

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ACCEPTABLE USE OF ICT EQUIPMENT 1.1 Council computers and ICT equipment are provided to assist members in

their role as locally elected representatives. 1.2 ICT facilities are very useful tools for research and business. However, they are also full of risk. There are a number of reasons why guidance in respect of computers and ICT equipment is required. For example, any security breach of the Council’s ICT network (and the systems and networks held on it), could have an extremely adverse affect on the Council, members, staff or the public. 1.3 Furthermore, while using such facilities, members could copy information and contravene Copyright law or (without realising) allow someone to use the Internet to attack your computer systems and the Council network. Other risks include:

o the transmission or introduction of computer viruses; o making defamatory or inappropriate remarks or negligent

statements; o unwittingly making a contract; o sexual or racial discrimination; o criminal offences.

1.4 In addition, all members are bound by the provisions of Lewisham’s Member Code of Conduct. Abuse of the Council’s facilities, including IT equipment, amounts to a breach of the code. Members’ attention is drawn to the contents of the Code of Conduct which appears at Part V of the Council’s Constitution both in general and in particular to the requirement set out at paragraph 6, which states:

“ 6. You—

(a) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and (b) must, when using or authorising the use by others of the resources of your authority—

(i) act in accordance with your authority's reasonable requirements; (ii) ensure that such resources are not used improperly for political purposes (including party political purposes); and

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(c) must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986].”

The Code of Conduct may be amended from time to time and members will also be required to agree to comply with the amended code.

1.5 The following paragraphs (1.6, 1.7, 1.8 and 1.9) are therefore intended to minimise such risks to you and the Council. 1.6 Members must not use Council ICT facilities for: 1.6.1 promoting private business activity, personal financial interests or commercial ventures;

1.6.2 promoting any political party, group, or campaigning organisation; 1.6.3 personal campaigning; 1.6.4 engaging in any activity which may result in actions for libel, defamation or other claims for damages; 1.6.5 any use which:

(i) contravenes any legislation (such as the Data Protection Act 1998; the Computer Misuse Act 1990; the Copyrights, Designs and Patents Act 1988 (amended 2002); the Obscene Publications Act 1959 and 1964; the Anti-Terrorism, Crime and Security Act 2001; or the Race Relations (Amendment) Act 2000), or other legislation in force from time to time;

(ii) breaches any of the general obligations set out in the Member Code of Conduct; or,

(iii) breaches the council’s ICT security policies.

1.7 ICT facilities are provided to members in order to assist them in Council related activities. However provided that the terms of the Code of Conduct, and other member Guidance, are not broken, members may also use Council PCs for lawful personal purposes, for example surfing the Internet to purchase goods and services. In such cases all associated risks and liability, including any costs, remain with the Member.

1.8 Members may download or install software from licensed sources which assists in their role as locally elected representatives (and does not

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breach any of the conditions outlined above). In such cases all associated risks and liability, including any costs (other than the costs of restoring the Council’s standard software desktop), remain with the Member. 1.9 Members should ensure that they have duly licensed any software installed on Council ICT equipment. 1.10 Members are also provided with facilities enabling them to conduct their duties from home. When working from home, or remotely, members must not:

1.10.1 allow any other person, including family members, access to the Lewisham ICT network;

1.10.2 allow any other person, including family members, to use their

user name and password.

1.11 The Council's network has been set up to automatically prevent users from accessing certain types of website including pornographic, homophobic, racist, on-line gaming, terrorist and computer-hacking sites.

1.12 However, you may occasionally find that you do encounter sites that

contain this sort of material. If so, you must report this to the e-Services Help Desk immediately.

1.13 Any material containing child pornography found on any Council computer

system must by law be reported to the police. 1.14 You are responsible for the content of any email sent from your username

and in certain circumstances the Council may also be found liable for the content of such email, in which case action will be taken to recover any resultant penalties.

1.15 A disclaimer is automatically added to emails sent out from the Council in

case it is wrongly addressed or reaches the wrong person. However, you must take steps to make sure that you address your email correctly. If you find out an email has been received by someone other than the person you meant to send it to, you must take steps to make sure that this does not happen again, and to secure its deletion by the unauthorised recipient if possible.

1.16 If you receive an email that breaches the general obligations of the

Member Code of Conduct or which breaks the law, you must inform the Monitoring Officer.

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1.17 Emails and other personal information should be retained only for the minimum period necessary, in accordance with the Data Protection Act 1998. Further details on the Data Protection Act can be obtained from the Corporate Information Manager, based within the Council’s Technology and Transformation division.

1.18 It is important that you manage the information that you store to ensure its

availability, confidentiality and integrity. Therefore members must regularly review all Council information (including files and Email messages) you hold and delete all redundant or irrelevant data.

1.19 Subject to reasonable notice, members must provide authorised

representatives of the Council (for example computer technicians), with access to Council equipment. This access may be required for the resolution of faults, the replacement or upgrade equipment or the removal of equipment (if, for example you cease to be a member of the Council).

1.20 Members are also reminded of their duty to comply with investigations by

regulatory services, e.g. police, audit, etc., if so required.

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APPENDIX 3

PROTOCOL ON PLANNING

AND LOBBYING

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APPENDIX 3

PROTOCOL ON PLANNING AND LOBBYING

Introduction 1. The planning system involves taking decisions about the use and development of

land in the wider public interest having regard, in particular, to the Development Plan. When such decisions are made the requirements of individuals (be they applicant or neighbour) must be balanced against the broader public interest. It is of fundamental importance that the planning system should not only be fair, but should be seen to be fair.

Elected Members 2. Elected members set the Council's planning policy and determine planning

applications and enforcement issues within the context of that policy. When elected members come to make a decision on a planning matter, they must:

• act fairly and openly

• approach each application with an open mind

• carefully weigh up all relevant issues

• determine each application on its own merits

• avoid contacts with interested parties which might be taken to indicate that they were unduly influenced by one party or another

• ensure that there are clear and substantial reasons for their decisions, and that those reasons are clearly stated.

3. Elected members may delegate certain planning decisions to officers and where

this is the case, officers will be bound to act in accordance with the principles set out in this paragraph.

Role of Officers 4. The function of officers is to advise and assist members in matters of planning

policy and in their determination of planning applications and enforcement issues by:-

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• providing impartial and professional advice

• making sure that all the information necessary for the decision to be made is given

• providing a clear and accurate analysis of the issues

• setting applications and enforcement issues against the broader Development Plan policies , and all other material considerations

• giving a clear recommendation

• carrying out the decisions of councillors in committee or sub-committee. Lobbying 5. There are two issues which may arise when a member has been lobbied. They

are the issues of pre-determination and personal interest. Pre-determination 6. Members are under an obligation to determine matters on their merits. That

means that they must not make up their minds before receiving and reading any officer report, or before hearing any debate on the matter out of which new information may arise. The important issue is that the member’s mind must not be closed to consideration at the point of deliberation on a matter. Whilst a pre-disposition to a particular view may be legitimate, a closed mind at the point of considering a planning application would not be so. The member must be open to persuasion.

7. Whilst a predisposition to a particular point of view is acceptable, a

pretermination is unacceptable. To avoid compromising their position before they have received all the relevant information, members must:

• avoid, as far as possible, meeting an applicant or potential applicant alone;

• avoid making categoric statements in advance about whether they support or oppose the proposal;

• not pressurise officers to make a particular recommendation in their report;

• direct lobbyists or objectors to planning officers, who will include reference to their opinions, where relevant, in their report;

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• advise the Head of Planning and the Chair of the appropriate Planning Committee of the existence of any lobbying interest.

8. Where a member has been lobbied he/she should report to the relevant

committee that he/she has been lobbied and by whom. However, members must act in the public interest and not at the behest of any individual or interest. If the member feels that he/she no longer retains an open mind on the matter but that his/her impartiality has been compromised, he/she will need to decide whether to withdraw from the meeting.

9. Where a member decides that he/she wants to act as a representative of their

community, reporting and advocating the views of their constituents, it follows that they will no longer be acting impartially. In those circumstances, they should not seek to participate in any consideration of, or vote on the matter.

Interests 10. Whether or not a Member may participate and vote on a planning matter

depends on the nature of the interest that they hold. The situation may be summarised as follows:-

(a) Disclosable pecuniary interests

(i) Where a Member of the Planning Committee has a

disclosable pecuniary interest then that Member cannot participate in any discussion or vote in respect of that matter at Planning Committee or otherwise. They must declare the interest and withdraw.

(ii) Members who are not members of the Planning Committee

are similarly bound by the provisions relating to disclosable pecuniary interests, and may not make any representations to the Committee on their own behalf or those of their constituents or others. They similarly must not attend during consideration of that item.

(b) Other registerable interests and non registerable interests

If a Member of the Planning Committee has an interest, other than a disclosable pecuniary interest, in a matter which is under consideration by Planning Committee, which would either:-

(i) constitute an interest that would need to be registered under

the Council’s Code of Conduct or

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(ii) which whilst not requiring registration would, but would be likely to affect the wellbeing of a member, their family, friend or close associate(s) more than it would affect those in the local area generally

then the Member should declare the interest but may stay and participate in the consideration of the matter and may vote unless the following paragraph (c) applies.

(c) If the interest is such that a reasonable member of the public in

possession of all the facts would think that the member’s interest is so significant that it would be likely to impair their judgement of the public interest the member, should not participate in the decision making process and should withdraw.

(d) Members who are not members of the Planning Committee with

such an interest may still attend to make representations to the Committee on their own behalf or on behalf of their constituents or others, provided a declaration of interest is recorded and as long as the Member leaves immediately after doing so.

11. Members with an interest that would preclude their attendance at a meeting

during consideration of a matter, can still present views to the meeting, through other means:

- written representations in a private capacity. Such

representations should disclose the existence and nature of the interest. Members must not seek preferential treatment and representatives should be addressed to the officers not members

- the use of a professional representative to make

representations; - arranging for another member to represent the views of

constituents on matters in which a member has a prejudicial interest.

The advice of the Monitoring Officer should be sought as to whether an interest ought to be declared in cases of doubt. 12. Where a member receives relevant information in respect of an application which

is not contained in the Head of Planning's report on the application, the member should secure that that information is made available to other members of the Committee, by advising the Head of Planning directly so that the information can

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be confirmed, rather than run the risk that the Committee might take a decision on the basis of information which subsequently proves to be incorrect.

Discussions with Potential Applicants 13. Members should note that breach of the requirements in relation to personal

interest and for pre-determination may mean that the decision is rendered invalid if challenged in the courts.

14. Pre-Application meetings with potential Applicants are encouraged to ensure

beneficial development and to resolve matters which might otherwise lead to the refusal of planning permission. However, to avoid such meetings being mis-understood, they should normally be at officer level and:

• where meetings are to involve elected members, they will be arranged by and attended by officers and will include the Chair of the relevant Planning Committee or his/her representative

• potentially contentious meetings will be attended by at least two officers, including the Head of Planning or his/her representative

• a note of the discussion will be taken and placed on file and made available for public inspection at the appropriate time

• it will be made clear at such meetings that only personal and provisional views based upon the policies in the Development Plan documents and any other relevant documents forming the local development framework can be given and no commitments can be made which would bind or otherwise compromise the relevant Planning Committee or any member of it.

The Party Whip 15. Members cannot accept an instruction from anyone to determine an application

in a particular way, as they must determine the issue on its merits. So, while they may give appropriate weight to the views of other members whether expressed in the committee meeting or in prior discussions, they must determine the application on its merits and should not take into account any factor, which they are not prepared to state in open Committee. As a result it is not appropriate for any party group to instruct its members to vote in a particular manner on an application or to apply or threaten to apply any sanction to any member who voted contrary to the Group's collective view. Where such a whip has been applied, members should declare it in exactly the same manner as they would declare any other attempt at lobbying.

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Decisions Contrary to Officer Recommendation 16. From time to time, members of the relevant Planning Committee will disagree

with the professional advice given by the Head of Planning. Development Control is not an absolute science and there can be genuine disagreement about the implications of a particular proposal. The Head of Law or his/her representative will be present at the Committee making the decision and will be able to advise if the facts simply cannot support the conclusion which the members have drawn and the Committee is in danger of acting unreasonably.

17. In cases where the Planning Committee decides for good and valid reason to

depart from the Head of Planning's recommendation, the Committee must define the reasons for rejecting the officer's recommendation and those reasons must be recorded in the minutes of the meeting. Where it is not possible for the Committee to define those reasons with sufficient precision at that initial meeting, the Committee should adjourn the determination of the application to permit the appropriate officers to present to a subsequent meeting a Statement of Draft Reasons for Refusal for its approval. Where an appeal arises against such a decision, officers will give support to the relevant Committee members in preparing evidence for the appeal, but it will be for members of the Planning Committee making the decision, to appear at any appeal hearing and give evidence of the reasons for the Committee's decision.

Site Visits 18. Site visits can be useful to identify features of a proposal, which may be difficult to convey in a written report, but site visits do delay the decision on an application. When a member feels that a site visit is essential he/she can either make a request to the Head of Planning or request the relevant Planning Committee to defer the determination of the matter until a site visit has been held. 19. Site visits are:

• fact finding exercises

• not part of the formal consideration of the application and therefore public rights of attendance do not apply

• to enable officers to point out relevant features

• to enable questions to be asked on site for clarification.

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However, discussion on the application will only take place at the subsequent Committee, as all relevant parties may not be in attendance on site.

Gifts and Hospitality

20. Gifts and hospitality give rise to particular problems in respect of the credibility of the planning process and acceptance of gifts or hospitality by members or officers can be a very serious criminal offence. Members should have particular regard to the provisions of the Council's Member Code of Conduct. In particular they must immediately report to the Monitoring Officer any offer of gifts or hospitality and they should avoid any behaviour which might be taken as indicating that they are open to such offers. Planning Application by Members or Officers 21. The impartiality of the planning process requires particular care when dealing with an application by anyone who might ordinarily be involved in the planning process. So, whenever any member or any officer who might be involved in the planning process submits an application to the Authority for himself/herself or on behalf of any other person, they will:

• inform both the Head of Planning and the Council's Monitoring Officer

• take no part in processing or determining the application.

The Head of Planning will ensure that all such applications are determined at the appropriate committee meeting and not under any delegated powers.

Planning Applications by the Council 22. The Council itself requires planning permission to carry out or authorise

development on land it owns. These applications will be treated in the same way as those from private applicants.

Applicant and Public Representations at Planning Committee 23. The Planning Committee will approve procedures to ensure that where they

receive representations from or on behalf of the applicant or from members of the public on a particular application, there is an opportunity for advocates both for and against the proposal to be heard in a balanced manner.

Complaints 24. Any issues or concerns arising from this protocol can be raised with the

Chair of the appropriate Planning Committee or the Head of Planning.

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The Council also has a formal complaints system in operation, which can be used if necessary.

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APPENDIX 4

LOCAL AUTHORITY CODE

ON PUBLICITY

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LOCAL AUTHORITY CODE ON PUBLICITY

Subject matter 1. Local authorities have a variety of statutory powers which enable them to

produce publicity and circulate it widely, or to assist others to do so. Those commonly used include the powers in sections 111, 142, 144 and 145 of the Local Government Act 1972, sections 69, 88 and 90 of the Local Government (Scotland) Act 1973 and sections 15 and 16 of the Local Government and Planning (Scotland) Act 1982; but there are several others.

2. Some of these powers relate directly to the publishing authority’s

functions. Others give a more general discretion to publicise matters which go beyond an authority’s primary responsibilities. For example, section 142(1A) of the 1972 Act and 88(1) of the 1973 Act authorise local authorities to arrange for the publication within their area of information as to the services available in the area provided by them or by other local authorities; and Section 54 of the Public Health (Control of Disease) Act 1984 empowers local authorities to arrange for the publication within their area of information on questions relating to health or disease.

3. This discretion provides an important degree of flexibility, but also

heightens the need for a responsible approach to expenditure decisions. 4. In considering the subject areas in which publicity is to be issued, the

following matters will be important: (i) the publicity should be relevant to the functions of the authority; (ii) it should not duplicate unnecessarily publicity produced by central

government, another local authority or another public authority.

Costs 5. Local authorities are accountable to the public for the efficiency and

effectiveness of their expenditure, in the first instance through the audit arrangements.

6. For publicity, as for all other expenditure, the aim should therefore be to

achieve the greatest possible cost-effectiveness.

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7. To achieve this, there may well be cases where the benefit of higher expenditure to gain better presentation or improve other aspects of publicity will justify the extra cost.

8. Local authorities should therefore always have in mind the extent to which

expert advice is needed for publicity. 9 In some cases publicity may justify its cost by virtue of savings which it

achieves. More commonly it will be necessary to take a view of the importance of the unquantifiable benefits as compared with other uses to which the resources could be put.

10. In deciding whether the nature and scale of proposed publicity, and

consequently its cost, are justified, the following matters will be relevant: (i) whether the publicity is statutorily required or is discretionary; (ii) where it is statutorily required, the purpose to be served by the

publicity; (iii) whether the expenditure envisaged is in keeping with the purpose

and expected effect of the publicity.

Content and Style 11. Local authorities produce a variety of publicity material. It ranges from

factual information about the services provided by the authority, designed to inform clients or attract new ones, to material necessary to the administration of the authority, such as staff recruitment advertising. There will also be publicity to explain or justify the council’s policies either in general, as in the annual report, or on specific topics, for example as background to consultation on the line chosen for a new road.

12. Any publicity describing the council’s policies and aims should be as

objective as possible, concentrating on facts or explanation or both. 13. Where publicity is used to comment on, or respond to, the policies and

proposals of central government, other local authorities or other public authorities, the comment or response should be objective, balanced, informative, and accurate. It should aim to set out the reasons for the council’s views, and should not be a prejudiced, unreasoning or political attack on the policies or proposals in question or on those putting them forward. Slogans alone will not be an adequate means of justifying or explaining the authority’s views or their policy decisions.

14. Publicity relating to the provision of a service should concentrate on

providing factual information about the service.

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15. In some cases promotional publicity may be appropriate – for example about the local authority’s sports and leisure facilities or about tourist attractions.

16. Publicity touching on issues that are controversial, or on which there are

arguments for and against the views or policies of the council, is unavoidable, particularly given the importance of wide consultation whenever material issues arise. Such publicity should be handled with particular care. Issues must be presented clearly, fairly and as simply as possible, although councils should not over-simplify facts, issues or arguments. Again, it is unlikely that slogans alone will achieve the necessary degree of balance, or capture the complexities of opposing political arguments.

17. Publicity should not attack, nor appear to undermine, generally accepted

moral standards. 18. Publicity campaigns by local authorities are appropriate in some

circumstances: for example, as part of consultation processes where local views are being sought, or to promote the effective and efficient use of local services and facilities, or to attract tourists or investment. Publicity campaigns may also be an appropriate means of influencing public behaviour or attitudes on such matters as health, safety, crime prevention or equal opportunities.

19. Legitimate concern is, however, caused by the use of public resources for

some forms of campaigns, which are designed to have a persuasive effect. Publicity campaigns can provide an appropriate means of ensuring that the local community is properly informed about a matter relating to a function of the local authority and about the authority’s policies in relation to that function and the reasons for them. But local authorities, like other public authorities, should not use public funds to mount publicity campaigns whose primary purpose is to persuade the public to hold a particular view on a question of policy.

Dissemination 20. The main purposes of local authority publicity are to increase public

awareness of the services provided by the authority and the functions it performs; to allow local people to have a real and informed say about issues that affect them; to explain to electors and ratepayers the reasons for particular policies and priorities; and in general to improve local accountability.

21. Information and publicity produced by the council should be made

available to all those who want or need it. Local authorities should not

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discriminate in favour of, or against, persons or groups in the compilation and distribution of material for reasons not connected with the efficiency and effectiveness of issuing the publicity.

22. Where material is distributed on matters closely affecting vulnerable

sections of the community – for example, the elderly – particular care should be taken to ensure that it is unambiguous, readily intelligible, and unlikely to cause needless concern to those reading, seeing or listening to it.

23. Local authority newspapers, leaflets, other publicity distributed unsolicited

from house to house and information on websites are able to reach far wider audiences than publicity available on application to the council. Councils should give particular consideration to the use of electronic and other new media communication systems. However, councils should ensure that they do not rely solely on such mechanisms and that they do not exclude those without access or easy access to such systems.

24. Such publicity should be targeted as appropriate for its purposes, taking

particular care with material touching on politically controversial issues. 25. There is no paragraph 25. 26. Local authority newspapers or information bulletins are a special case.

They are often a cost-effective means of disseminating information, or facilitating consultation and can provide a means for local people to participate in debate on decisions the council is to take. The advantage of using websites and other information technology for consultations should also be considered. Inevitably such publications will touch on controversial issues and where they do they should treat such issues in an objective and informative way, bearing in mind the principles set out in paragraphs 11-19 of the Code.

27. Where it is important for information to reach a particular target audience,

consideration should be given to using the communications networks of other bodies, for example those of voluntary organisations, and making use of electronic communication systems.

Advertising 28. Advertising, especially on billboards or on television and radio, is a highly

intrusive medium. It can also be expensive. It may however provide a cost-effective, efficient means of conveying public information to the widest possible audience. Advertising on local radio networks has, for example, been used as a relatively inexpensive means of telling potential clients about local authority services. Advertising can also be the most

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cost-effective means of publicising a local authority’s activities on promoting the social, economic and environmental well-being of the area.

29. The primary criterion for decisions on whether to use advertising should be

cost-effectiveness. 30. Advertisements are not normally likely to be appropriate as a means of

explaining policy or commenting on proposals, since an advertisement by its nature summarises information, compresses issues and arguments, and markets views and opinions.

31. Advertising in media which cover an area significantly wider than that of

the authority is not likely to be an appropriate means of conveying information about a local authority’s policies as opposed to attracting people to the authority’s area or to use it facilities.

32. The attribution of advertising material leaflets and other forms of publicity

that reach the public unsolicited should be clearly set out. 33. It is not acceptable, in terms of public accountability, to use the purchase

of advertising space as a disguised means of subsidy to a voluntary, industrial or commercial organisation. Such support should be given openly through the normal grant arrangements. However, the conditions attached to a grant may require the provision of publicity, including publicity for the work of the authority.

34. Any decision to take advertising space in a publication produced by a

voluntary, industrial or commercial organisation should be made only on the grounds that it provides an effective and efficient means of securing the desired publicity.

35. Local authorities should never use advertising as a means of giving

financial support to any publication associated with a political party.

Recruitment Advertising 36. Local authorities have respected in their staff employment policies the

tradition of a politically impartial public service. Their recruitment publicity should reflect this tradition, and the fact that local authority staff are expected to serve the authority as a whole, whatever its composition from time to time.

37. The content of recruitment publicity and the media chosen for advertising

job vacancies should be in keeping with the objective of maintaining the politically independent status of local authority staff.

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38 Advertisements for staff should not be placed in party political publications.

Individual Councillors 39 Publicity about individual councillors may include the contact details, the

positions they hold in the Council (for example, member of the Executive or Chair of Overview and Scrutiny Committee), and their responsibilities. Publicity may also include information about individual councillors’ proposals, decisions and recommendations only where this is relevant to their to their position and responsibilities within the Council. All such publicity should be objective and explanatory, and whilst it may acknowledge the part played by individual councillors as holders of particular positions in the Council, personalisation of issues or personal image making should be avoided.

40. Publicity should not be, or liable to misrepresentation as being, party

political. Whist it may be appropriate to describe policies put forward by an individual councillor which are relevant to her/his position and responsibilities within the Council, and to put forward her/his justification in defence of them, this should not be done in party political terms, using political slogans, expressly advocating policies of those of a particular political party or directly attacking policies and opinions of other parties, groups or individuals.

Elections, referendums and petitions 41. The period between the notice of an election and the election itself should

preclude proactive publicity in all its forms of candidates and other politicians involved directly in the election. Publicity should not deal with controversial issues or report views, proposals or recommendations in such a way that identifies them with individual members or groups of members. However, it is acceptable for the authority to respond in appropriate circumstances to events and legitimate service enquiries provided that their answers are factual and not party political. Members holding key political or civic positions should be able to comment in an emergency or where there is a genuine need for a member level response to an important event outside the authority’s control. Proactive events arranged in this period should not involve members likely to be standing for election.

42. The Local Authorities (Referendums) (Petitions and Directions) (England)

Regulations 2000 (which apply under the Local Government Act 2000 to county councils, district councils and London borough councils) prohibit an authority from incurring any expenditure to:

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• publish material which appears designed to influence local people in deciding whether or not to sign a petition requesting a referendum on proposals for an elected Mayor;

• assist anyone else in publishing such material; or

• influence or assist others to influence local people in deciding whether or not to sign a petition.

Publicity in these circumstances should, therefore, be restricted to the publication of factual details which are presented fairly about the petition proposition and to explaining the council’s existing arrangements. Local authorities should not mount publicity campaigns whose primary purpose is to persuade the public to hold a particular view in relation to petitions generally or on a specific proposal.

43. County councils, district councils and London borough councils should ensure that any publicity about a referendum under Part II of the Local Government Act 2000 (the 2000 Act) either prior to or during the referendum period is factually accurate and objective. The referendum period means the period beginning with the date on which proposals under Part II of the 2000 Act are sent to the Secretary of State and ending with the date of the referendum. The publicity should not be capable of being perceived as seeking to influence public support for, or opposition to, the referendum proposals and should not associate support for, or opposition to, the proposals with any individual or group. Local authorities must conform with any specific restrictions on publicity activities which are required by Regulations under section 45 of the 2000 Act.

Assistance to others for publicity 44. The principles set out above apply to decisions on publicity issued by local

authorities. They should also be taken into account by local authorities in decisions on assistance to others to issue publicity. In all such decisions local authorities should, to the extent appropriate:

(a) incorporate the relevant principles of the Code in published

guidance for applicants for grants; (b) make the observance of that guidance a condition of the grant or

other assistance; (c) undertake monitoring to ensure that the guidance is observed. 45. It is appropriate for local authorities to help charities and voluntary

organisations by arranging for pamphlets or other material produced and

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paid for by the organisation to be available for collection by the public in public libraries and other suitable locations. Such material should not offend against any legal provision, (authorities may be able to draw on their powers of well-being in section 2 of the Local Government Act 2000) but (subject to this) any such facility should be made available on a fair and equal basis.

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APPENDIX 5

GUIDANCE CODE FOR MEMBERS

ON OUTSIDE BODIES

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A GUIDANCE CODE FOR MEMBERS ON OUTSIDE BODIES

1. Members are appointed formally by the Council annually to serve on a range of outside bodies, including voluntary organisations, local government associations, and companies formed to provide specific local services such as SELCHP. 2. In carrying out that role, members act both as individuals and as representatives of the Council. This has implications for the members appointed. a) Positively - It entails acting according to the rules, constitution and framework set by the outside body - It entails making independent and personal judgments in line with their duty of care to the outside body - It entails reporting back, at least annually, to the Council or relevant committee - It entails behaving ethically and following as far as applicable the Lewisham Member Code of Conduct - It entails taking an active and informed role in the management of the outside body's affairs. b) Negatively - It does not entail representing the political party to which members owe their political loyalty - It does not entail avoiding taking part in the outside body's discussions and decisions - It does not entail looking at things simply from the Council's perspective - It does not entail being there in name only and merely turning up to meetings.

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3. The role of members on outside bodies may give rise to occasional uncertainty and perhaps to conflicts of interest. The attached Appendix offers a simple legal guide on the responsibilities of members and officers. Members are asked to read the guide and if there are issues arising from their particular situation at any time, to contact the Head of Law for advice. 4. Members (and officers) are under a specific obligation as a result of the 1995

Local Authorities (Companies) Order to report back to the Council on their involvement in outside companies to which they have been nominated by the Council. That obligation is best met by an annual report to the Mayor and Cabinet and/or relevant committee with an opportunity for questions, and an item on agendas allowing questions by prior notice. While the law now makes this a requirement for involvement in outside companies, it is self-evident that facilities for report back should apply to involvement in all outside bodies.

5. Members will appreciate that the guide and also the Lewisham Member Code of

Conduct addresses some of the issues around the possibility of conflicts of interest. In essence, if the outside body comes into conflict with the Council and the member is a director or on the management committee of the outside body, it is likely that the member's prime duty would be to the outside body in the conduct of the outside body's affairs. The member is however, also given certain specific dispensations in the Lewisham Member Code of Conduct to participate in the Council decision-making affecting the outside body to which he or she has been appointed.

6. If there is a major dispute between the Council and the outside body, then the

member may be placed in an untenable situation. Before taking precipitate action, the member is advised to seek the advice of the Chief Executive or the Head of Law.

7. Ultimately, it is possible that the member may find he/she is unable adequately to

carry out their responsibilities properly, both as a member of the Council and as a member or director of the outside body. But that would be an exception, and should not deflect members generally from being prepared to participate in the management and running of outside organisations.

1. GENERAL 1.1 There are some general provisions which apply to members and officers who act

in the role of company director, trustee or member of an incorporated body, such as the committee of management of an unincorporated voluntary organisation.

1.2 Members are under a duty to exercise independent judgement in the interest of

the organisation in which they are involved. Whilst it is recognised that members and officers may have a commitment to representing the Council on the outside organisation, they must be aware that it is their responsibility to decide what view

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to take on any question before that organisation. Where a member or officer is partaking in an outside organisation in a representative capacity, he/she must declare that fact to the organisation. There will be a fine line to tread between his/her duty to the organisation and to the Council.

1.3 In the end, the member or officer in acting as a director/trustee or member of a

management committee of an organisation, must act in accordance with the interests of that organisation. A mandate from the Council to vote one way or the other would put the member or officer in breach of the duty to the organisation. It is permissible to take account of the Council’s wishes, but not to vote simply in accordance with them. The overriding duty in considering an item before the outside organisation is to vote in accordance with the interests of that organisation.

1.4 Members and officers must also ensure that avoidable loss is not incurred in

managing the organisation. They cannot avoid this responsibility by not reading the papers or failing to ask for appropriate reports. They will be expected to seek professional advice where appropriate.

2. COMPANIES 2.1 On incorporation a company becomes a separate legal entity which can hold

property in its own right, enter into contracts and sue and be sued in its own name. The company is distinct from its shareholders and members. In the case of a limited liability company, the liability of members of the company is limited to the amount they paid or agreed to pay when they joined the company. This can be as little as £1.

2.2. Companies limited by shares are those which have a share capital (e.g. 1000

shares of £1 each). Each member holds shares and receives a share in the profits made by the company according to the value of the shares held. Shares can be sold. Companies limited by guarantee are those where there is no shareholding. Instead each member agrees that in the event of the company being wound up they will agree to pay a certain amount. This may also be as little as £1. This form of company is the most usual in the public and voluntary sector particularly where charitable status is sought.

2.3 The management of a company is generally the responsibility of a board of

directors. The powers of the directors are usually set out in the company’s Articles of Association (the rules each company has to govern its internal

management). Sometimes even though a company has been incorporated, the directors may be referred to as members of the committee of management, governors or even trustees. However, this does not change their status as directors. Conversely, sometimes officials are called directors but they are not members of the board. Again their status will not be affected. Directors are those who are appointed by the company to act in that capacity.

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2.4 Directors’ Duties A director is an agent of the company. His/her prime duties are as follows:-

(1) A fiduciary duty to the company (not individual shareholders) to act honestly and in good faith and in the best interests of the company as a whole. Directors are therefore in the position of “quasi trustees” who must take proper care of the assets of the company. The fiduciary duty of the director towards the company is very similar to the fiduciary duty of Councillors to the Council Tax payers of the borough.

(2) A general duty of care and skill to the company, but a director requires no

greater skill than might reasonably be expected of someone of that individual’s particular knowledge and experience. A director is not deemed to be an expert, but is expected to use due diligence and to obtain expert advice if necessary.

(3) Like a councillor in respect of Council decisions, the director is under a

duty to exercise independent judgement though it is permissible for him/her to take account of the interests of a third party which he/she represents. In such a case the director must disclose that position and treads a fine line between the interests of the company and the party represented (in this case the Council). The director cannot vote simply in accordance with a Council mandate. To do so would be a breach of duty.

(4) No conflict. There may be actual or potential conflicts between the

interests of the Council and the interests of the company. In such circumstances the only proper way for the conflict to be resolved is for the Councillor to resign either from the company or from the Council.

(5) Directors are not allowed to make a private profit from their position. They

must therefore disclose any interests they or their family may have in relation to the company’s contracts. Whether they are then allowed to vote will depend on the Articles of Association.

(6) Directors must ensure compliance with the Companies Acts in relation to

the keeping of accounts, and that the relevant returns are made to the Registrar of Companies. Failure to do so incurs fines and persistent default can lead to disqualification as a director.

2.5 Directors’ Liabilities

(1) The company’s identity must clearly be shown on its stationery. The

company number, place of registration, registered office address and if any of the directors’ names are shown then they must all appear. Non-

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compliance is an offence and the directors and company officers can be fined.

(2) A company can only act within the scope set out in its Articles of

Association (the document which sets out the objects of the company). Those directors knowingly causing the company to act beyond those activities will be liable personally. In very limited circumstances it is possible for the actions of the directors to be ratified by the members of the company.

(3) A director may also be liable for breach of trust, if he/she misapplies the

money or property of the company. Directors may also be liable if they fail to take action to prevent the breach of a co-director of which they are aware.

(4) In the event of failure to act in accordance with the best interests of the

company, or if a director uses his/her powers improperly or makes a personal profit from his/her position as director, then the director may be personally liable for loss to the company and may be required to give to the company the personal profit made.

(5) If the level of skill and care shown by a director falls below that which

could be reasonably expected and the company suffers loss, the director will be liable for the loss incurred. However, if it believes the director acted honestly and reasonably, a Court may excuse the director the liability.

(6) If a director knows or ought to know that there is no reasonable prospect

of the company avoiding liquidation, a Court may require that director to contribute to the company’s assets on liquidation if the company continues to trade. This is known as wrongful trading. No such order will be made if the Court is satisfied that the director took all reasonable steps to minimise the loss to the creditors. If a director has concerns about the company’s financial position he/she would be well advised to inform the other directors and seek advice from the company auditors. He/she should try to ensure that further debts are not incurred.

(7) A director will also be liable if to his/her knowledge the company carries on

business with intent to defraud creditors or any other person, or for any other fraudulent purpose. Fraudulent trading can also lead to disqualification from acting as a director.

(8) All cheques and similar documents which purport to be signed on behalf of

the company must bear the company name. Where they do not, the director signing on behalf of the company may be liable to a fine and may also be liable to the payee if the company fails to honour the cheque. It is

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therefore wise for directors to make sure that all documents they sign on behalf of the company state very clearly that they act as agent for the company, (e.g. Director, for and on behalf of ......).

(9) A third party who enters into a contract on the assumption that a director

has power to bind the company, may be able to claim damages against the director if it subsequently transpires that the director had no such power. Directors would we well advised to ensure that contracts are approved by the board and that the authority to enter into any contract has been properly delegated before signing it.

(10) Though company liability ceases on dissolution the liability of the directors

(if any) may still be enforced after dissolution.

2.6 Indemnities (1) Directors cannot be indemnified against liability arising out of negligence,

default, or breach of duty or trust. However, the company’s Articles of Association may allow for directors to be indemnified by the company in respect of the cost of defending such proceedings if the director is granted relief by the Court or acquitted. It is lawful for companies to purchase insurance to protect its directors against claims of negligence, breach of duty, trust, default. Directors would be well advised to ensure that such a policy of insurance is maintained at all times.

(2) The Council has power to provide indemnity and/or insurance for the

Mayor and councillors acting as directors on the nomination of the Council. Generally it is prudent for members who act as directors to ensure that the company takes out and maintains an appropriate policy of insurance. However, where appropriate, the Council will consider giving individual members such indemnity and insurance, having considered all the factors associated with the particular instance.

2.7 Local Authorities (Companies) Order 1995

(1) This Order, made under the Secretary of State’s powers contained in Part V Local Government & Housing Act 1989, sets out rules concerning local authorities’ involvement in “regulated companies” which are subject to extensive controls, and their involvement in other companies where a number of rules apply.

(2) “Regulated companies” are those which are controlled or influenced by the

local authority. “Influenced companies”, under the effective control of the local authority, will be subject to capital finance regime and special propriety controls. In broad terms, the test as to whether companies are

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local authority influenced is whether the local authority has the right to or in fact does exercise a dominant influence over the company in question.

(3) The original concept of controlled, influenced and minority interests in

companies were introduced by the 1989 Act. “Influenced” means at least 20% local authority interest plus one of a number of business relationships being satisfied. Perhaps the most significant are (broadly) where the company derives over 50% of its turnover from the Council, or the company is located on local authority land leased or sold for less than best consideration. “Controlled” means over 50% local authority interests, and “minority” less than 20% interest. The concepts in the 1989 Act still stand, but the Order introduces the term “regulated”. (4) Members who are directors of outside companies to which they have been

nominated by the Council are under the following obligations:-

(a) that the remuneration they receive from the company should not exceed that received from a local authority, and should be declared;

(b) to give information to Councillors about their activities as required

by the local authority (save for confidential information); and

(c) to cease to be a director immediately upon disqualification as a Councillor.

Under the Local Government & Public Involvement in Health Act 2007, the

Secretary of State has power to regulate activity of local authority entities, and at a date yet to be agreed Part V of the 1989 Act will be repealed. Until such time, the provisions of the 1995 Order above apply.

3. LIMITED LIABILITY PARTNERSHIPS (LLPs) 3.1 LLPs are a form of vehicle that gives the benefits of limited liability but allows its members the flexibility of a traditional partnership. The LLP is a separate legal entity and, while the LLP itself will be liable for the full extent of its assets, the liability of the members will be limited.

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3.2 It would be extremely unusual for members to be appointed by the Council to a limited liability partnership and members should take advice on the implications from the head of law before doing so. 3.3 LLPs are not available to charities. 4. CHARITIES 4.1 To be a charity an organisation must operate for a charitable purpose. There are

four:- the relief of poverty and human suffering the advancement of education the advancement of religion another purpose for the benefit of the community. 4.2 The Charity Commissioners may also grant charitable status to an organisation

set up for an analagous purpose. It must operate for the public benefit and have exclusively charitable purposes. An organisation which operates for political purposes will not qualify for charitable status.

4.3 To register as a charity the organisation must submit its Trust Deed (usually the

Articles of Association of a company limited by guarantee) to the Charity Commissioners for approval. If they are satisfied that the organisation is charitable it will be registered as such.

4.5 Those who are responsible for the control and administration of a charity are

referred to as its trustees, even where the organisation is a company limited by guarantee even though they are not strictly trustees. Trustees of a charity retain personal liability, and can only delegate if the trust deed authorises them so to do.

4.6 Trustees’ Duties

4.7 Charitable trustees owe duties of compliance, prudence and care. They are as follows:-

4.8 Compliance

• To ensure that the charity complies with legal requirements and those of the Charity Commissioners, and that the charity submits annual reports and accounts

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• To ensure that the charity acts within the terms of its governing document

• To act with integrity, avoiding personal conflict of interest

4.9 Prudence

• To ensure that the charity is and will remain solvent.

• To use charitable funds and assets reasonably, and only in furtherance of the charity’s objects.

• To avoid undertaking activities that might place the charity’s endowment, funds, assets or reputation at undue risk.

• To take special care when investing the funds of the charity, or borrowing funds for the charity to us

4.10 Care

• To use reasonable care and skill in their work as trustees

• To take external professional advice on all matters where there may be material risk to the charity, or where the trustees may be in breach of their duties.

Trustees must not make a private profit from their position. They must also perform their duty with the standard of which an ordinary, prudent business person would show. Higher standards are required of professionals, and in relation to investment matters.

4.11 Trustees’ Personal Liability

(1) If in doubt, always consult the Charity Commissioners. A trustee who does so will avoid personal liability for breach of trust if he/she acts in accordance with the advice given.

(2) Generally though, a trustee incurs personal liability if

he/she:- - acts outside the scope of the trust deed - falls below the required standard of care - makes a personal profit from the trust assets (3) In such circumstances the trustee will incur personal liability for losses

incurred.

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(4) Trustees can be liable personally to third parties because unlike a company, a trust has no separate identity from the trustees. Trustees are however, entitled to an indemnity from the trust assets, provided they act properly in incurring the liability. Trustees remain personally liable once they retire (e.g. if they have entered into a contract on behalf of the trust) and should therefore seek an indemnity from their successors. If the charity is a company however, the trustees for the time being will be responsible.

(5) Trustees may be liable to fines if they do not comply with the duty to make

returns etc. 4.12 Indemnities An indemnity can be given from the trust fund provided the trustee has acted

properly and within his/her powers. Trustees may take out insurance to protect themselves against personal liability but not for criminal acts, fraud etc. There will be no problem if the trustees themselves pay the premiums but if they are paid out of the charitable funds the trustees will need the consent of the Charity Commissioners unless the trust deed allows it.

5. COMMITTEES OF MANAGEMENT 5.1 Unincorporated Associations Groups which are not charitable trusts or limited companies are “unincorporated

associations” and have no separate legal identity from their members. The rules governing the members’ duties and liability will be set out in a constitution, which is simply an agreement between the members as to how the organisation will operate. Usually the constitution will provide for a management committee to be responsible for the everyday running of the organisation. An unincorporated organisation may be charitable and may register as a charity.

5.2 Property will have to be held by individuals as the organisation has no existence

of its own. 5.3 Duties Broadly, Management Committee members must act within the constitution, and

must take reasonable care in exercising their powers. 5.4. Liabilities (1) Generally, the Management Committee members are liable for the acts of

the organisation, but are entitled to an indemnity from the funds of the

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organisation if they have acted properly. If there are not enough funds, the Committee members are personally liable for the shortfall.

(2) If one person is appointed by the constitution to act as the agent of the

organisation for certain purposes, then that person acts as the agent of all the members, who have joint liability for the agent’s actions.

(3) Members of the Committee of Management will have personal liability if

they act outside the authority given to them or if they do not comply with statute e.g. the payment of employees’ tax etc.

5.5 Indemnities Members will be entitled to an indemnity if they act in accordance with the

organisation’s constitution and are not at fault. It is possible to obtain insurance but if the organisation is to pay the premium it must be permitted by the constitution.

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THE EMPLOYEE CODE OF CONDUCT

1.1 INTRODUCTION This Code sets out the standard of conduct expected of all employees in carrying out their duties for the Council, their relationship with members and in circumstances where their duties overlap or conflict with their private lives. The Code takes into account the requirements of legislation and national/regional terms and conditions of employment and supports the Council’s wider promotion of organisational integrity. This Code represents the standard against which employees will be judged by the public, councillors, partners and the Council’s Standards Board. It is designed to promote public confidence in the actions of employees and councillors and encourages both members and employees not only to avoid actual impropriety, but at all times to avoid suspicion or appearance of improper conduct. It is the responsibility of each employee to comply with the Code. Any breaches will be treated seriously and will be dealt with under the Council’s Disciplinary Code. If in any doubt employees should seek advice from their line manager or from their directorate HR section. PRINCIPLES The principles underlying this Code of Conduct, which must be observed by all employees are: Selflessness – employees should serve only the public interest and should never improperly confer an advantage or disadvantage on any person Honesty and integrity – employees should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour. Objectivity – employees should make any decisions on merit, including when making appointments, awarding contracts or recommending individuals for rewards or benefits. Accountability – employees should be accountable to the public for their actions and the manner in which they carry out their responsibilities and should co-operate fully and honestly with any scrutiny into their actions. Openness – employees should be as open as possible about their actions and should be prepared to give reasons for them.

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Respect for others – employees should promote equality and diversity by not discriminating unlawfully against any person and by treating people with respect, regardless of their race, gender, age, religion, sexual orientation or disability. Duty to uphold the law – employees should uphold the law and on all occasions act in accordance with the trust that the public is entitled to place in them. Stewardship – employees should do whatever they are able to ensure that resources are used prudently and in accordance with the law. Leadership – employees should promote and support these principles by leadership and example, and should always act in a way that secures and preserves public confidence 1.2 GENERAL OBLIGATIONS

Employees are expected to provide the highest possible standard of service to the public, and to the Council as a whole. An employee must at all times act in accordance with the trust that the public is entitled to place in him Employees must bring to the attention of management any deficiency in the provision of service and must report any impropriety or breach of procedure. RESPECT FOR OTHERS All employees must promote equality and diversity by not discriminating unlawfully against any person and by treating them with respect, regardless of their race, nationality, age, gender, sexual orientation, disability religion or belief. All forms of discrimination, including bullying and harassment are unacceptable and contravene the Council’s Diversity and Equality and Respect at Work policies. Any breach of these policies will be treated seriously and will be dealt with under the Council’s Disciplinary Code. An employee must not do anything which will compromise or is likely to compromise the impartiality of those who work for, or on behalf of, the authority. An employee must not treat another employee of the authority less favourably than other employees by reason that that other employee has done, intends to do, or is suspected of doing anything under or by reference to any procedure the authority has for reporting misconduct

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DISCLOSURE OF INFORMATION The law required that certain types of information must be made available to members, auditors, government departments, service users and the public. An employee must not disclose information given to him/her in confidence by anyone or information which he/she believes is of a confidential nature without the consent of a person authorised to give it, unless he/she is required to do so by law and must not prevent another person from gaining access to information to which that person is entitled by law. If in doubt, advice should be obtained from the directorate HR section. Employees must never use any information gained in the course of their employment for their personal gain or to advantage or disadvantage anyone known to them, or to disadvantage or discredit the Council. Only employees authorised by their Executive Director to do so may talk to the Media or otherwise make public statements on behalf of their directorate. Generally an employee contacted by the Press should refer the matter to the Council’s Press Office who will deal with it as appropriate. BRINGING THE COUNCIL INTO DISREPUTE An employee must not in his/her official or private capacity conduct him/herself in such a manner which could reasonably be regarded as bringing the Council into disrepute. POLITICAL NEUTRALITY AND ACTIVITY Employees are required to serve the whole Council and its members, not just members of any controlling group and must ensure that the individual rights of all members, include co-opted members are respected. Employees, who as part of their duties are required to provide advice to members or other employees, must do so impartially and must not allow heir own personal or political opinions to interfere with their work. Some employees are in politically restricted posts and are prevented by law from taking part in certain political activities outside their work. The political activities which are restricted for these officers covers the following:

• Standing as a candidate for election to the House of Commons, European Parliament or a local authority (other than a Parish Council).

• Holding office in a political party at any level, except in limited roles concerned only with the internal membership of the party.

• Canvassing at an election

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• Speaking in public or publishing any written or artistic work which appears to be intended to affect public support for a political party.

If an employee is in any doubt about whether any activity is political activity and covered by these rules then advice should be sought from their Executive Director of HR Section. RELATIONSHIPS AND PERSONAL INTERESTS Members An effective working relationship based on mutual respect between employees and members is essential to good local government in order to delivery efficient and high quality services to the community. However, close personal familiarity between employees and individual members can damage the relationship and prove embarrassing to other members and employees and should therefore be avoided. Employees must not seek to involve members in personal matters which relate to any aspect of their employment with the Council e.g., pay and grading, grievances etc. Local Community and Service Users Employees must ensure that courteous, efficient and impartial services are provided to all groups and individuals within the community. Employees who provide personal/caring services to vulnerable people within the community, must always act in a professional manner and treat service users with dignity and respect at all times. Employees must never take advantage of the service user by forming inappropriate relationships or seeking/receiving personal favours, loans or gifts, including bequests. The Council’s Policy on Receipt of Gifts and Hospitality must be adhered to at all times. Any abuse will lead to disciplinary action against the employee which could result in the employee’s dismissal from the service. In any case of doubt advice should be sought from the line manager or directorate HR section. Contractors and other service providers All relationships with contractors, potential contractors or other external service providers must be made known to management. Employees who engage or supervise contractors or have an official relationship with contractors and have previously had or currently have a relationship in a private or domestic capacity, must declare that relationship to management. All contracts must be tendered/awarded in accordance with Council policy.

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Personal interests An employee must not in his official or personal capacity – a) allow his personal interests to conflict with the authority’s requirements; or b) use his position improperly to confer an advantage or disadvantage on any person.

Employees must declare to their line manager any non-financial interests that they consider could bring about conflict with the Council's interests (for example acting as a school governor within schools maintained by the Council, involvement with an organisation receiving grant aid from the Council, membership of an NHS Trust Board, involvement with an organisation or pressure group which may seek to influence the authority's policies). Membership of a trade union is exempted from this requirement.

Employees must declare any financial interests which could conflict with the Council's interests.

Employees must declare to their Chief Officer membership of any organisation not open to the public without formal membership and commitment of allegiance and which has secrecy about its rules or membership or conduct, for example freemasons.

Employees who have an interest, financial or non-financial, should not involve themselves in any decision on allocation of Council services or resources from which they, their friends or family might benefit, and should ensure that the matter is referred immediately to their line manager (for example allocation of Council housing or assessment of housing benefit).

Employees may have dealings with the council on a personal level, for example as a Council, tax payer, tenant or applicant for planning permission. Employees should never seek or accept preferential treatment in those dealing because of their position with the Council or put themselves in a position that could bring the Council into disrepute, through for example non declaration or non–payment of monies owing to the Council e.g. Council tax. Register of Personal Interests Employees must register any financial interests in the authority’s register maintained under S81(1) Local Government Act 2000 by providing written notification as appropriate of:-

(a) any business carried on by him/her (b) the name of any firm in which he/she is a partner and the name of any company

for which he/she is a remunerated director (c) the name of any corporate body which has a place of business or land in the

authority’s area where the employee has a beneficial interest in the class of securities of that body which exceeds the value of £25,000 or one hundredth of the total issued share capital of that body.

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(d) A description of any contract for goods, services or works made between the authority and him/herself a firm in which he/she is a partner, a company of which he/she is a director or body of the description in paragraph (c) above

(e) The address or other description (sufficient to identify the location) of any land in which he/she has a beneficial interest and which is in the area of the authority.

(f) The address or other description (sufficient to identify the location of any land where the landlord is the authority and the tenant is a firm in which he/she is a partner, a company of which he/she is a remunerated director, or a body of the description in sub-paragraph (d).

Executive Directors and Heads of Service must register their financial interests or subsequent changes by writing to the Council’s Monitoring Officer within 28 days of their appointment or change in their personal position. All other employees must register any financial interests or subsequent changes in the register maintained by the directorate HR section, within 28 days of their appointment or change in their personal position. OUTSIDE COMMITMENTS

Employees' off-duty hours are their personal concern but they must not subordinate their duty to their private interests or put themselves in a position where duty and private interests conflict. The Council would not wish to preclude employees unreasonably from undertaking additional work unless that work breaches employment legislation, conflicts with or detrimentally affects the Council's interests or in any way weakens public confidence in the conduct of the Council's business, or in any other way affects their ability to undertake their Council work.

Employees must not engage in any other business or take up any other additional appointment for financial gain without the agreement in advance of their Chief Officer.

If agreement is given employees must be made aware that no outside work of any sort should be undertaken in the workplace, and use of facilities, for example telephones and photocopying for this, is forbidden.

DISCLOSURE OF CRIMINAL CONVICTIONS Employees are required to disclose to the Council such details as it may require of any criminal conviction, caution or bindover that are received during their employment with the Council. Failure to do so, for whatever reasons, may be regarded as gross misconduct under the Council’s Disciplinary Code which could lead to dismissal from the Council’s service. APPOINTMENT OF STAFF AND OTHER EMPLOYMENT RELATED MATTERS (1) An employee must not be involved in the appointment or any other decision relating to the discipline, promotion, pay or conditions of another employee, or prospective employee, who is a relative or friend.

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(2) In this paragraph – a) “relative” means a spouse, partner, parent, parent-in-law, son, daughter, step-son, stepdaughter, child of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any of the preceding persons; and b) “partner” in sub-paragraph (a) above means a member of a couple who live together.

Employees involved in appointments must ensure that these are made on the basis of merit. It would be unlawful for an employee to make an appointment which was based on anything other than the ability of the candidate to undertake the work. In order to avoid any possible accusation of bias, employees must not be involved in an appointment where they are related to an applicant, or have a personal relationship outside work with them.

Similarly, employees must not be involved in decisions relating to discipline, promotion or pay adjustments for any other employee who is a relative, partner or close friend.

DECISION MAKING There are vital legal principles which employees must adhere to at all times when making decisions on behalf of the Council. Decisions must be taken in accordance with the terms of the Council’s constitution and its Standing Orders. Employees must ensure that they use any public funds entrusted to them in a responsible and lawful manner, ensuring value for money to the local community and avoiding legal challenge to the Council. Employees must have regard to the council’s obligations under the Human Rights Act 1998. USE OF COUNCIL FACILITIES Employees must use any equipment or facilities provided by the Council for use in the course of their employment in a proper and responsible manner. Employees must not make personal use of Council’s property or facilities unless properly authorised to do so. Employees must adhere to the Council’s Wired Working Policy at all times. Failure to follow the Wired Working Policy will lead to disciplinary action under the Council’s Disciplinary Code. GIFTS, HOSPITALITY AND SPONSORSHIP – GIVING AND RECEIVING Corruption

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It is a criminal offence for an employee to receive or give any gift, loan, fee, reward or advantage for doing or not doing anything or showing favour to any person in their official capacity. It is for the employee to demonstrate that any such rewards have not been corruptly obtained. An employee should notify the Monitoring Officer, Executive Director or other nominated representative, as appropriate, of any offer of any gift or hospitality, whether or not accepted, which a member of the public with knowledge of the relevant facts might reasonably regard as intended to influence his/her discharge of his/her duties. Employees are required to adhere to the Council’s Fraud and Corruption Policy. Failure to do so will lead to disciplinary action under the Council’s Disciplinary Procedure. Receipt of Gifts and Hospitality An employee must treat with caution any offer, gift, favour or hospitality offered to him/her. Gifts or hospitality shall include any opportunity to acquire goods or services at a price or on terms at which they are not readily available to the public.

Employees should accept offers of hospitality only if there is a genuine need to impart information or to represent the Council in the community. Offers to attend purely social or sporting functions should be accepted only when these are part of the life of the community or where the Council should be seen to be represented. It must be properly authorised and recorded.

When hospitality has to be declined the person should be courteously but firmly informed of the procedures and standards operating within the Council.

Employees must not accept personal gifts from contractors and outside suppliers/providers, other than insignificant tokens such as pens or diaries. When considering whether or not to accept hospitality employees must be sensitive to the timing of decisions for letting contracts for which the provider may be bidding, and must never accept hospitality from a contractor during a tendering period.

Acceptance by employees of hospitality whilst in attendance at relevant conferences and courses is acceptable where it is clear the hospitality is corporate rather than personal, where the Council gives consent in advance and where the Council is satisfied that any purchasing decisions are not compromised. Where visits to inspect equipment are required, employees must ensure that the Council meets the cost of such visits to avoid jeopardising the integrity of subsequent purchasing decisions.

Employees must adhere to the Code of Practice for Receipt of Gifts and Hospitality issued by Lewisham Personnel in December 1991, and must ensure that any hospitality received is entered in the Hospitality Register maintained by their directorate HR section.

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SPONSORSHIP - GIVING AND RECEIVING

Where an outside organisation wishes to sponsor or is sought to sponsor a local government activity, whether by invitation, tender, negotiation or voluntarily, the basic conventions concerning acceptance of gifts or hospitality apply. Particular care must be taken when dealing with contractors or potential contractors.

Where the authority wishes to sponsor an event or service, neither an employee nor any partner, spouse or relative must benefit from such sponsorship in a direct way without there being full disclosure to an appropriate manager of any such interest. Similarly, where the Council, through sponsorship, grant aid, financial or other means, gives support in the community, employees must ensure that impartial advice is given and that there is no conflict of interest involved.

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A CODE OF CORPORATE GOVERNANCE

A What is a Code of Corporate Governance? A Code of Corporate Governance might be defined as a statement of the system by which a local authority directs and controls the exercise of its functions and relates to the local community. This definition is founded on that used in the Cadbury Report on the Financial Aspects of Corporate Governance which related to the governance of private companies. However it also recognises the key role of local government in community leadership, by placing emphasis on relationships with local people. B The Purpose of a Code of Corporate Governance Aspects of corporate governance find expression in the everyday practices and procedures of a local authority. However an overarching Code of Corporate Governance fulfils the following purposes:-

• It stimulates confidence in the activities of local government, its politicians and employees, and the way it goes about business

• It focuses the minds of those involved in local government on making decisions in a proper way and engaging local stakeholders

• It assists with continuous improvement in the delivery of services, and serves to minimise the authority’s exposure to risk.

C Fundamental principles Cadbury identified three fundamental principles for corporate governance. They are:-

• Openness

• Integrity

• Accountability These are as relevant in the public sector as the private – possibly more so. These fundamental principles were expanded by the Nolan Committee on Standards in Public Life, and further strengthened as the guiding principles underpinning the statutory model code of conduct for members. These principles are readily accepted by the Council as underpinning all local government activity. They appear as an Appendix to the Council’s Member Code of Conduct but are endorsed as applicable to all Council activity. They are:-

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• Selflessness - members should serve only the public interest and should never improperly confer an advantage or disadvantage on any person

• Honest and integrity - members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.

• Objectivity - members should make decisions on merit, including when making appointments, awarding contract, or recommending individuals for rewards or benefits

• Accountability - members should be accountable to the public for their actions and the manner in which they carry out their responsibilities and should co-operate fully and honestly with any scrutiny appropriate to their particular office

• Openness - member should be as open as possible about their actions and should be prepared to give reasons for them

• Personal Judgement - members must take account of the views of others (and this may include their political groups) but should reach their own conclusions on the issues before them and act in accordance with those conclusions

• Respect for Others - members should promote equality by not discriminating unlawfully against any person and by treating people with respect, regardless of their race, age, gender, sexual orientation or disability. They should respect the integrity and impartiality of the authority's statutory officers, and its other employees and not do anything to compromise that impartiality

• Duty to uphold the law - members should uphold the law and on all occasions act in accordance with the trust that the public is entitled to place in them

• Stewardship - members should do whatever they are able to do to ensure that their authorities use their resources prudently and in accordance with the law

• Leadership - members should promote and support these principles by leadership, and by example, and should always act in a way that secures or preserves public confidence.

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D The decision making process Decisions will be taken in accordance with the following:-

a) the decision will be made following an evaluation of options

b) the decision maker will take professional advice (including financial and legal advice where the decision may have legal and/or financial consequences)

c) the decision will be taken following a consideration of all relevant

matters and disregarding irrelevancies

d) reasons for the decision will be recorded as will details of options considered with reasons for their rejection

e) action taken will be proportionate to the result to be achieved

f) respect for human rights will be balanced with the Council's duty to

the wider community

g) a presumption in favour of openness, unless there are compelling lawful reasons preventing the consideration of matters in public

h) consultation appropriate to the matter under consideration

i) clarity of aims and desired outcomes

j) the highest standards of ethical conduct, avoiding actual, potential

and perceived conflicts of interest

k) consideration of business by Council members will be on the basis of written reports containing all relevant service, corporate, legal and financial considerations

l) all executive decisions may be subject to scrutiny by the Overview

and Scrutiny Committee in accordance with the Council's constitution

m) decisions will be taken in accordance with the Council or Mayoral Scheme of Delegation as appropriate, and these schemes will be maintained, kept up to date and made available to the public

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E Ethics 1. The Council will maintain and promote a Member Code of Conduct, which complies in all respects with all legal requirements. 2. The Council will maintain an Employee Code of Conduct, which complies with all

legal requirements and promotes the highest standards of behaviour among employees.

3. Training will be provided for members and staff on the operation of the Codes of Conduct. 4. The Council will maintain a Members’ Register of Interests in accordance with the law, and inform members of their duty to keep it up to date. 5. Key senior staff will be requested to disclose any interests which they have, which if they were a member they would be required to disclose, and a register kept of those interests declared. 6. The Council will maintain a protocol relating to the relationship between members

and staff, promoting professional and effective relations between staff and all members, whether members of the Cabinet or overview and scrutiny.

7. The Council will adopt and maintain a whistleblowing policy and a Bribery Policy,

which will be made widely available, and will report on referrals under those policies each year.

F Members’ roles 1. The Council will document the roles of all members of the authority including the

relative roles of the Mayor and Cabinet and non-executive members of the authority. Officers will support all members in the performance of these roles.

2. Members will maintain appropriate schemes of delegation and in particular define

those matters reserved for collective decision by the full Council. 3. Members will put in place clearly documented processes for policy development,

implementation and review and for decision making, monitoring and control, as well as procedural and financial regulations relating to the conduct of Council business.

4. Members will recognise that although within the Council they may fulfill different

roles (for example as scrutineer or member of the political Executive) the Council

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remains a single corporate entity and can only function effectively if there is an appropriate balance between this corporate

approach and the need to ensure that executive decisions are made

appropriately and scrutinised constructively. 5. As required by law, members will put in place the terms of their remuneration and arrangements for review by an Independent Remuneration Panel. 6. Each year the Council will publish details of remuneration paid to each member of the Council. G Officers’ roles

1. The Council will maintain the post of Head of Paid Service (Chief Executive - responsible for the management of the Council’s workforce and overall corporate management of the authority) separate from the political executive of the authority.

2. The Council will maintain the post of Chief Finance Officer to advise on the proper administration of the Council’s financial affairs, keeping proper financial records and maintaining effective systems of financial control.

3. The Council will maintain the post of Monitoring Officer who will be the person responsible to the authority for ensuring that procedure, legislation and good practice are complied with.

4. The Head of Paid Service, the Monitoring Officer and the Chief Finance Officer shall be entitled to attend any meeting of the Council, the Mayor and Cabinet or any committee.

5. When considering any matter members must have regard to the advice of the Council’s statutory officers.

6. All staff will have job descriptions which clearly define their roles, responsibilities and remuneration.

7. Council employees will support and advise all members of the Authority irrespective of whether they are executive or non-executive members.

H Accountability and Community Focus

1. The Council will record its decisions in writing and make those written records and the reasons for a decision available to the public.

2. All decisions made by the Mayor or delegated by him will be available for scrutiny by the overview and scrutiny committee in accordance with the Council’s constitution.

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3. The Mayor, members of the Cabinet and Executive Directors may be required to give account for their performance to the relevant overview and scrutiny committee.

4. The Council will publish annual performance targets in its Best Value Performance Plan and report on performance against those targets annually.

5. The Council will adopt a performance management framework to analyse key performance indicators and make information about performance against those indicators publicly available periodically.

6. The Council will put in place mechanisms to encourage participation in the affairs of the Council by individuals and groups from a broad cross section of the community, and will monitor their effectiveness.

7. In consultation with the local community will develop a vision for the local community and other stakeholders and will ensure that that vision is expressed clearly and publicised.

8. The Council will co-operate fully with external inspectors and respond positively to their findings, making arrangements to implement agreed actions effectively.

I Financial matters

• In addition to those financial matters raised elsewhere in this code, the Council will:-

• put in place a process by which resources are allocated to priorities

• adopt a financial reporting process to ensure that members receive financial monitoring reports at appropriate intervals

• maintain an objective and professional relationship with external auditors

• publish an annual statement of accounts in a timely manner J Risk Management

1. The Council will put in place a robust system for identifying and evaluating significant risks to the authority

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2. The Council will put in place effective risk management systems, including systems of internal control as well as effective arrangements for an objective review of risk management and internal control

3. Annually the Council will publish an objective balanced and understandable statement and assessment of the authority’s risk management mechanisms and their effectiveness.

K Review The Council will monitor compliance with this Code annually. The Head of Paid Service, Chief Finance Officer and the Monitoring Officer will present a joint report to the Standards Committee on the extent of compliance, and the Council’s annual statement of accounts will contain a statement explaining the extent of compliance. The officers will also present any proposals for amendment to the Code for consideration.

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PART VI

MEMBERS’ ALLOWANCE SCHEME

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MEMBERS ALLOWANCE SCHEME To be inserted subject to decision to be made at Council on 26 September 2012.

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PART VII

COUNCIL STRUCTURE CHART

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Names of officers will change from time to time

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PART VIII

SCHEMES

OF DELEGATION

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PART VIII

COUNCIL

SCHEME

OF DELEGATION

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(A) COUNCIL SCHEME OF DELEGATION

Schedule of Delegation to Officers in Relation to Non-executive Planning and Highways Matters

Delegated Functions: To the Executive Director for Resources and Regeneration or such officers as he/she may nominate Authority to deal with all town and country planning, development control, high hedges and highway and road traffic functions under all existing and future relevant legislation, and as amended from time to time, including (without limitation) the Acts set out in the Schedule below, save for those local choice functions reserved to the Executive and those matters reserved to the planning committees A, B or C or the strategic planning committee. This includes by way of example but not limitation: -

• Determining applications, (or declining to determine applications where applicable), for planning permission, advertisement consent, listed buildings and conservation area consent, certificates of lawfulness or lawful development, works to trees, hazardous substances, environmental impact assessment screening and scoping opinions, decisions in respect of the prior approval procedure for telecommunication development.

• Issuing planning contravention notices, breach of condition notices, enforcement notices, stop notices, temporary stop notices, untidy land notices and other similar notices and questionnaires

• Making and confirming tree preservation orders and enforcing their provisions

• Taking action in relation to unauthorised advertisements, placards or posters

• Entering into agreements to regulate the development or use of land (including the approval of the detailed terms for inclusion in such agreements whether the agreement is to be entered into under delegated authority or following a resolution of members)

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• Approving the details of conditions to be imposed on planning permissions (whether the permission is to be granted under delegated authority or following resolution to grant by members)

• Utilising the powers contained within planning, high hedges and highways legislation to gain entry to premises for the purpose of carrying out surveys and establishing whether there has been a breach of legislation including applying to the magistrates’ court for a warrant of entry

• Carrying out any other regulatory enforcement functions contained in town and country planning, high hedges, road traffic or highways legislation in force from time to time

• Authorising the Head of Law to take any legal action which may be appropriate which relates to any function of the Executive Director including the taking or defending of legal proceedings and entering into legal agreements as may be required

• Creating, diverting and stopping up footpaths, highways and bridleways

• The making and enforcement of highways orders

• Dealing with applications for street works licences

• Exercise of non-executive powers under local legislation (including without limitation, names of streets under Sections 5 and 6 London Building Acts (Amendment) Act 1939)

• Exercise of powers under Part 8 of the Anti-social Behaviour Act 2003 in relation to high hedges

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Schedule (non-exhaustive) of relevant statutes (in so far as they relate to non-executive highways and planning matters

� Planning and Compulsory Purchase Act 2004 � Anti-Social Behaviour Act 2003, Part 8 � Town & Country Planning Act 1990, � Planning & Compensation Act 1991, � Planning (Listed Buildings & Conservation Areas) Act 1990, � Planning (Consequential Provisions) Act 1990, � Planning (Hazardous Substances) Act 1990 � Caravan Sites and Control of Development Act 1960, � Ancient Monuments & Archaeological Areas Act 1979, � Local Land Charges Act 1975, � Noise and Statutory Nuisance Act 1993, � Environmental Protection Act 1990, � Environment Act 1995, � Local Government (Miscellaneous Provisions) Act 1976, � London Building Acts 1930 to 1978, � Building Act 1984, � Greater London Council (General Powers) Act 1981, � Highways Act 1980, � New Roads and Street Works Act 1991 � Cycle Tracks Act 1984, � Road Traffic Acts 1972, 1988 and 1991, � Road Traffic Regulation Act 1984, � Road Traffic (Temporary Restrictions) Act 1991, � Transport and Works Act 1992, � Road Traffic Regulation (Special Events) Act 1994, � Greater London Authority Acts 1999, � Local Government Planning and Land Act 1980, � Transport Act 2000, � Countryside and Rights of Way Act 2000 � Wildlife and Countryside Act 1981 � And all other relevant legislation in place from time to time Nothing in this Schedule of Delegation prevents any Planning Committee or the Strategic Planning Committee exercising any function within their terms of reference. The Committee may from time to time delegate to officers such functions as it considers appropriate.

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Matters reserved to planning committees A, B and C and strategic planning committee Town and country planning and development matters where: 1 there are three or more valid planning objections; or 2 there is one or more objection from a recognised residents’ association or community/amenity group; or 3 the application is for development which is not in accordance with

the approved development plan documents or other approved planning policies or

4 in the opinion of the Council’s Head of Planning the matter would

be more appropriately dealt with by the relevant committee.

5 Consider all town and country planning matters relating to the demolition of any building that is in use as a public house, or which is currently unoccupied but was in use as a public house immediately prior to becoming unoccupied.

All decisions relating to neighbourhood planning under Part 6 Localism Act 2011 in so far as they are non-executive functions and not reserved to full Council unless specifically delegated to officers by the strategic planning committee.

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Schedule of Delegation to Officers in Relation to Non-

executive Building Control Matters

Delegated Functions: To the Executive Director for Customer Services or such officers as he/she may nominate:- Authority to deal with all non-executive building control functions under existing and future relevant legislation, and as amended from time to time, including (without limitation) the Acts set out in the Schedule below, save for those local choice functions reserved to the Executive and those matters reserved to the planning committees A, B or C or the strategic planning committee. This includes by way of example but not limitation: -

• Determining applications, (or declining to determine applications where applicable), for building control approval.

• Issuing enforcement notices, and other similar notices and questionnaires • Issuing notices and orders in relation to building control • Using the powers contained within legislation to gain entry to premises for the purpose of carrying out surveys and establishing whether there has been a breach of legislation including applying to the magistrates’ court for a warrant of entry • Carrying out any other regulatory enforcement functions and building control contained in legislation in force from time to time • Authorising the Head of Law to take any legal action which may be appropriate which relates to any function of the Executive Director including the taking or defending of legal proceedings and entering into legal agreements as may be required • Removal of nuisance deposits on the highway • Dealing with applications for street works licences

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Schedule (non-exhaustive) of relevant statutes (in so far as they relate to non-executive building control matters:

• Noise and Statutory Nuisance Act 1993,

• Environment Act 1995,

• London Building Acts 1930 to 1978,

• Greater London Council (General Powers) Act 1982

• Local Government (Miscellaneous Provisions) Act 1976,

• Building Act 1984,

• Local Government Planning and Land Act 1980,

• Greater London Authority Act 1999,

• Countryside and Rights of Way Act 2000

• Wildlife and Countryside Act 1981

• And all other relevant legislation in place from time to time

Nothing in this Schedule of Delegation prevents any Planning Committee or the Strategic Planning Committee exercising any function within their terms of reference. The Committee may from time to time delegate to officers such functions as it considers appropriate.

Matters reserved to planning committees A, B and C and strategic planning committee

Building control matters where: 1. there is one or more objection from a recognised resident’s association or community/amenity group; or 2. in the opinion of the Council’s Head of Housing Strategy & Regulation the

matter would be more appropriately dealt with by the relevant committee

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Schedule of Delegation From Licensing (Supplementary) Committee

Delegated Function 1 To the Executive Director for Customer Services or such officer as he/she

may nominate:- Authority to exercise all of the Council’s licensing and registration functions under all existing and future relevant legislation, and as amended from time to time, including (without limitation) the Acts set out in the Schedule below, save for those local choice functions reserved to the Executive and those matters reserved to the Licensing Committee and save for any licensing functions under the Licensing Act 2003. This includes by way of example but not limitation: - Schedule (non-exhaustive) of relevant statutes � Animal Boarding Establishments 1963

� Betting, Gaming and Lotteries Act 1963

� Breeding of Dogs Act 1973

� Breeding and Sale of Dogs (Welfare) Act 1999

� Children and Young Persons Act 1933

� Consumer Protection Act 1987

� Customs and Inland Revenue Act 1883

� Dangerous Wild Animals Act 1976

� Fire Precautions Act 1971

� Fire Safety and Safety of Places of Sport Act 1987

� Explosives Act 1875

� Food Safety Act 1990

� Game Act 1831

� Game Licences Act 1860

� Gaming Act 1968

� Greater London (General Powers) Act 1976

� Hypnotism Act 1952

� London Government Act 1963

� Local Government Acts 1985 and 1972

� Local Government (Miscellaneous Provisions) Acts 1976 and 1982

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� London Local Authorities Acts 1990, 1991, 1994, 1995 and 2000

� Lotteries and Amusements Act 1976

� Marriage Act 1949

� Nurses Agencies Act 1957

� Pet Animals Act1951

� Poisons Act 1972

� Public Health Acts Amendment Act 1907

� Rag, Flock and Other Filling Materials Act 1951

� Riding Establishments Act 1964

� Safety of Sports Grounds Act 1975

� Scrap Metal Dealers Act 1964

� Slaughterhouses Act 1974

� Theatres Act 1968

� Town Police Clauses Act 1847

� Weights and Measures Act1985

� Zoo Licensing Act 1981

� and all relevant legislation in place from time to time 2 To the Executive Director for Customer Services or such officer as he/she

may nominate Authority to exercise all of the Council’s licensing and registration functions under existing and future relevant legislation, and as amended from time to time, including (without limitation) the Acts set out in the Schedule below, save for those local choice functions reserved to the Executive and those matters reserved to the licensing committee and save for any licensing functions under the Licensing Act 2003, which are delegated to the Executive Director for Customer Services. This includes by way of example but not limitation: - Schedule (non-exhaustive) of relevant statutes

• Caravan Site and Control of Development Act 1960

• Highways Act 1980

• and all relevant legislation in place from time to time

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Nothing in this schedule prevents the Licensing (Supplementary) Committee exercising functions within their terms of reference. The Committee may also from time to time delegate such functions to officers as it considers appropriate. Record of Delegations The Executive Director for Customer Services and the Executive Director for Regeneration shall maintain an up to date list of all delegations made to other officers from time to time and a copy shall be provided to the Proper Officer. Matters reserved to Licensing (Supplementary) Committee 1 Determination of any appeals against a decision made by the authorised

officers under powers delegated to them to refuse or revoke licences, permits or registration.

2 Determination of any opposed applications for licences, permits or

registration. 3 The review and determination of the charges to be imposed in respect of

the licensing function. 4 where the chair or vice chair of the committee indicates that the nature or

circumstances of the matter are such that the matter should be determined by the committee

Delegated Function Nothing in this schedule prevents the Licensing (Supplementary) Committee exercising functions within their terms of reference. The Committee may also from time to time delegate such functions to officers as it considers appropriate.

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Schedule of Delegation to Officers by Licensing Committee

Delegated Function To the Executive Director for Customer Services or such officer as he/she may nominate authority to exercise all of the Council’s licensing functions under the Licensing Act 2003, as amended from time to time, save for those matters reserved to the Licensing Committee or sub-committees The functions to be reserved to the Licensing Committee, sub-committees and those to be delegated to officers are as follows:

Matter to be dealt with

Licensing Committee Licensing Sub-Committee

Officers

Application for Personal Licence

Any matter which the Head of Regulatory

Services considers to be more appropriate for

consideration by the main Committee

If a police objection

If no objection made


with unspent convictions




All cases

Application for Premises Licence / Club Premises

Certificate

As above

If a relevant representation

made

If no relevant representation

made

Application for Provisional Statement

As above


made


made

Application to vary Premises Licence / Club

Premises Certificate





made


made

Application to vary Designated

Premises Supervisor

As above


All other cases

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Request to be removed as Designated Premises

Supervisor




All cases

Application for transfer of

Premises Licence

As above


All other cases

Application for Interim

Authorities

As above


All other cases

Application to review Premises Licence / Club

Premises Certificate




All cases

Decision on whether a

complaint is irrelevant frivolous

vexatious etc

As above

All cases

Decision to object when local

authority is a consultee and not

the relevant authority

considering the application

As above

All cases

Determination of a police objection to a Temporary

Event Notice




All cases

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Nothing in this Scheme of Delegation shall prevent the Licensing Committee from exercising functions within its terms of reference. The Committee may also from time to time delegate such functions to officers as it considers appropriate

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Schedule of delegation to officers in relation to the functions of the Elections Committee

Delegated Functions To the Chief Executive, Proper Officer or such officers as he/she may nominate, authority to deal with all arrangements in connection with Electoral Registration and Elections and all responsibility under existing and future legislation, and as amended from time to time, (without limitation) the Acts set out in the Schedule below, save for those local choice functions reserved to the Executive and those matters which are reserved to full Council by law, or are functions exercisable only by the Returning Officer and/or Electoral Registration Officer. This includes by way of example but not limitation:-

� Boundary Changes – Periodic Review imposed by the Boundary Commission in connection with Parliamentary, European, Greater London and Borough boundaries.

� Polling Districts – Any changes in connection with the polling

district boundaries.

� Polling Places – Any proposals to change polling places.

� Voting Methods – Proposals to apply for pilot status to adopt voting methods or to trial variations in election practice.

Schedule (non-exhaustive) of relevant statutes

• Parliamentary Elections Act 1695 (s.7)

• Act of Settlement 1700 (s.3)

• House of Commons (Clergy Disqualification) Act 1801

• Roman Catholic Relief Act 1829 (s.9)

• Forfeiture Act 1870 (s.2)

• Public Bodies Corrupt Practices Act 1889 (ss. 1,2,7-9)

• Trade Union Act 1913 (ss.2,3,6,6A,7)

• Welsh Church Act 1914 (s.2(4))

• Parliament (Qualification of Women) Act 1918

• Defamation Act 1952 (s.10)

• Banking and Financial Dealings Act 1971 (ss.1,5 and Sch.1)

• Local Government Act 1972 (Extracts)

• House of Commons Disqualification Act 1975

• Recess Elections Act 1975

• European Parliamentary Elections Act 1978

• Magistrates’ Courts Act 1989 (s.32)

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• Representation of the People Act 1981

• Forgery and Counterfeiting Act 1981 (Extracts)

• Criminal Justice Act 1982 (s.37)



• Parliamentary Constituencies Act 1986

• Representation of the People Regulations 1986

• European Community (Amendment) Act 1986


• Local Government and Housing Act 1989

• Boundary Commissions Act 1992

• Local Government Act 1992 (Extracts)


• Political Parties Elections & Referendums Act 2000

• Representation of the People (England and Wales) Regulations 2001

• Electoral Administration Act 2006

• Constitutional Reform and Governance Act 2010

• Fixed-term Parliaments Act 2011

• Local Democracy, Economic Development and Construction Act 2009

• Local Government and Public Involvement in Health Act 2007

• Parliamentary Voting System and Constituencies Act 2011

• Police Reform and Social Responsibility Act 2011

• Political Parties and Elections Act 2009

• And all other relevant legislation in place from time to time. Nothing in this schedule of delegation shall prevent the Council or the Elections Committee from exercising functions within its terms of reference.

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Schedule of delegation to officers in relation to the functions of the Pensions Investment Committee

To the Executive Director for Resources and Regeneration such functions as the Pensions Investment Committee lawfully delegates from time to time.

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Schedule of delegation in relation to the functions of the Health & Safety Committee

To the Chief Executive or such officers as the Committee decides such functions as it lawfully delegates from time to time.

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General All non-executive functions not reserved to members, shall be delegated to the Chief Executive or such officer as he shall nominate in writing, unless there is a statutory requirement that the function be carried out by another officer, for example the personal statutory responsibilities of the Director of Childrens Services and the Director of Adult Services

Directorate Schemes of Delegation

The extent to which non-executive decision making powers are delegated to officers below Executive Director level appear at 334 (DIRECTORATE SCHEMES)

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THE MAYORAL SCHEME OF

DELEGATION

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(B) MAYORAL SCHEME OF DELEGATION A CONTENTS This scheme of delegation sets out:- 1) the names of those councillors whom the Mayor has decided shall be

members of the Executive with him 2) the names of committees of the executive which the Mayor has decided

should be appointed, together with their terms of reference and the extent and limit of delegation to them

3) those executive decisions which the Mayor has not delegated to anybody

else to take and those which he/she has delegated to the Executive to take collectively

4) those executive decisions which the Mayor has delegated to officers to

take 5) details of the appointment of members to joint committees exercising

executive functions, together with the extent and limitation of executive delegation

B PURPOSES The purposes of this Mayoral scheme of delegation are to 1) be clear about who can make which executive decisions 2) facilitate the smooth running of Council business to produce better

decisions 3) to ensure so far as possible that the Mayor, in leading the Executive, is

concerned with the overall direction of the Council, and with the establishment and maintenance of effective partnership working with other agencies and bodies in the borough. This should ensure that officers assume responsibility for operational matters and policy implementation

C THE CONSTITUTION Once reported to Council, this Mayoral scheme of delegation will form part of the Council's Constitution and will be appended to it. Its provisions apply in addition to the contents of the Council's Constitution, including its Rules of Procedure and Access to Information provisions.

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D AMENDMENTS TO THE MAYORAL SCHEME OF DELEGATION This Scheme of Delegation remains in force for the term of office of the Mayor unless and until it is amended or revoked by the Mayor in accordance with Part IV D 6 of the Constitution. E NON-EXECUTIVE DECISIONS Nothing in the Scheme of Delegation applies to any decision which is not an Executive decision, whether by law or under the Constitution (local choice matters). F THE COMPOSITION OF THE EXECUTIVE The Executive shall consist of 10 people, namely the Mayor and 9 other Councillors as set out below:

Name Address Ward Spokesperson for…

Mayor Steve Bullock Garden Flat, 9 Tyson Road, SE23 3AA

N/A Mayor

Councillor Damien Egan

38 Elthruda Road Hither Green, SE13 6SR

Lewisham Central

Strategy & Communications

Councillor Chris Best 52 Bishopsthorpe Rd Sydenham London SE26 4NY

Sydenham Community Services & Older People

Councillor Susan Wise

85 Kilmorie Road London SE23 2SP

Perry Vale Customer Services

Councillor Helen Klier 15 Davenport Road London SE6 2AY

Rushey Green

Children & Young People

Councillor Janet Daby 86 Killearn Road Catford SE6 1BT

Whitefoot Community Safety

Councillor Crada Onuegbu

10 Arbury Terrace Sydenham London SE26 6AP

Evelyn Youth

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Councillor Paul Maslin 39 Aislibie Road London SE12 8QH

New Cross Resources

Councillor Joan Millbank

14A Wallbutton Road London SE4 2NX

Telegraph Hill Third Sector

Councillor Alan Smith Flat 22 Elm Court 20 Bromley Road London SE6 2TX

Catford South Regeneration

None of the councillors appointed by the Mayor to the Executive has any decision making power delegated to them individually. Details of those decisions which are delegated to the Executive to exercise collectively as a whole are set out below. G DELEGATIONS TO THE EXECUTIVE ACTING COLLECTIVELY The Mayor has delegated to the Executive acting collectively the functions set out in Appendix 1 relating to contracts and grants. When they act collectively they shall be referred to as Mayor and Cabinet. In addition the Mayor, in accordance with Part IV D 6 of the Constitution, may appoint such other committees of the Executive as he considers appropriate from time to time, but he does not create any such committees at this time. H GENERAL

1) This Scheme of Delegation is structured to ensure that the Mayor leads

the Executive on proposals for policy, the budget and partnership working. It then goes on to state that authority to exercise executive functions and make executive decisions is delegated to officers save where there is a specific exemption to the contrary. Where such a specific exemption is made, the general rule is that those decisions will be made by the Mayor individually, in consultation with his colleagues in the Executive.

2) Where an executive decision is exempted from delegation to an officer,

the Mayor may take it alone or at a meeting of the Executive, of which notice has been served as if the Executive were collectively responsible for making a key decision at the meeting. At that meeting the Mayor will take the decision having consulted those members of the Executive

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present. Access to information provisions which would apply to an executive meeting at which a key decision is to be taken apply.

3) If the Mayor does not attend a quorate meeting of the Executive convened

to consider a matter exempted from officer delegation, then that quorate meeting of the Executive acting collectively as a whole has authority to make decisions in relation to those matters appearing on the agenda, and any matters properly arising as a matter of urgency for consideration at the meeting, under Regulation 15 or 16 of the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000.

4) Where the Mayor is of the opinion that a matter for consideration at a

meeting of the Executive under this paragraph H is of such a nature that the Executive should not exercise any delegated authority in relation to it in his absence, he will inform the proper officer in advance of the meeting. The proper officer will ensure that such notification is brought to the attention of the meeting of the Executive, and once the notification has been brought to the attention of the meeting, the Executive will not have power to exercise authority in relation to that matter at that meeting.

5) Where power is delegated to officers under this Scheme of Delegation, the

power will be exercised in a manner that decisions are not made in isolation and that the decision maker takes into account the broader corporate implications for the Council. If officers take key decisions, the law requires them to comply with the Local Authorities (Executive Arrangements)(Access to Information)(England) Regulations 2000. In addition for key executive decisions which are to be taken by officers individually the Chief Executive shall put in place a procedure to ensure that officer decision making is exercised in a manner which reflects corporate considerations. Officers may only exercise delegated authority in relation to key executive decisions by complying with the procedure approved by the Chief Executive.

6) Where authority to make an executive decision is delegated to an officer,

that authority may also be exercised by the nominee of that officer, provided that notification of the nomination has previously been given in writing to the Monitoring Officer or their nominee.

7) Unless the power to make an executive decision has been specifically

reserved to members, the Executive Director with responsibility for the service area in which the subject matter of the decision falls, or their nominee, shall normally exercise the delegated power. However unless the officer acts in pursuance of a personal statutory duty, the delegated authority may also be exercised by the Chief Executive at his discretion.

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Where a decision straddles the remit of more than one Directorate, the decision shall be exercised by the Chief Executive or their nominee

I MATTERS NOT DELEGATED TO OFFICERS The decisions set out in Table 1 below are not delegated to officers unless a specific written delegation from the Mayor to that effect in relation to the particular matter has been given to the proper officer in writing. The specific delegations to officers set out in this Scheme of Delegation are all subject to these general exemptions. If specific delegations and the contents of Table 1 contradict each other then Table 1 shall prevail.

TABLE 1 EXECUTIVE MATTERS RESERVED TO MEMBERS

GENERAL

1. Approval of proposals to be made by the Mayor in relation to the following plans:-

• Children and Young People’s Plan

• Sustainable Community Strategy

• Crime and Disorder Reduction Strategy

• Youth Justice Plan

• Local Development Documents

• Transport Local Implementation Plan

• Housing Strategy

• Food Law Enforcement Service Plan

• Licensing Statement (Alcohol and entertainment and Gambling)

2. Approval of all other policy plans and strategy.

3. Approval of the Mayor’s proposals to the Council for the budget (capital and revenue)

4. Decisions relating to the joint provision of a service by the Council and external agencies, where the value of that service is at least £500,000 per annum

5. Decisions relating to the introduction of new services or the cessation of a service where the value of the service concerned is or would be if introduced at least £500,000 per annum

6. Decisions relating to the options for future service delivery, including whether the service should be externalized, taken in house or commissioned jointly with another agency, where the value of the service is at least £500,000 per annum

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7. Consideration of and action to be taken as a result of the District Audit Management Letter or any other external report on Council performance and the consideration of all other external reports and/or enquiries into council performance and/or administration

8. Any matter in which the officer who would otherwise have delegated authority to act is aware that a councillor (or a person, company or organisation with which the councillor is involved,) has a personal interest under the Council’s Member Code of Conduct.

9. Any matter in which the officer who would otherwise have delegated authority to act has an actual or potential interest.

10. Approval of any application for external funding which would either:- (i) require match funding from the Council in excess of £250,000, or (ii) have revenue implications in excess of that amount per annum, or (iii) exceed £1 million

11. Any matter which in the opinion of the relevant Executive Director, the Chief Executive or the Head of Law because of the scale of the decision, its potential impact, the sensitivity of the decision or for any other reason would more appropriately be dealt with by members

12. Appointment of members or officers to outside bodies, save to relevant professional associations.

13. The appointment of members to the Executive or any committee of it, or to any joint committee, or to any body or panel appointed by the Executive

J EXECUTIVE DIRECTOR CHILDREN & YOUNG PEOPLE Subject to those matters reserved to members in Table 2 below, unless the law, the Constitution or this Scheme of Delegation requires otherwise, the following executive powers are delegated to the Executive Director for Children and Young People: (a) Authority to exercise the Council’s executive functions in relation to

children’s services under Section 18 Children Act 2004 and any other functions delegated to the Executive Director for Children and Young People from time to time. This includes, but is not limited to, decisions made in relation to those matters defined as social services functions in Section 1 Local Authority Social Services Act 1970. By way of example only this includes matters under the National Assistance Act 1948, Chronically Sick and Disabled Persons Act 1970, Children Act 1989,

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National Health Service and Community Care Act 1990, Health Act 1999, Health and Social Care Act 2000, Children Act 2004 and all other relevant legislation in force from time to time.

For the avoidance of doubt this includes, but is not limited to, executive decisions in relation to the following matters in so far as they relate to children:-

• Residential and day care placements

• Family placements

• Fostering and adoption services

• Family support and intervention

• Respite care

• Social work with children and young people

• Children with disabilities

• Children with mental health problems and/or learning difficulties

• Children with special needs (b) Authority to exercise the Council’s executive education functions

including but not limited to those matters contained or referred to in the Education Act 1996, School Standards and Framework Act 1998, Special Educational Needs and Disability Act 2001, Education Act 2002, Children Act 2004, Education Act 2005 and the Education and Inspections Act 2006 and all relevant legislation in force from time to time

(c) The exercise of executive functions in relation to education outside the

school environment including pre-school learning. (d) All other executive functions relating to the internal management of the

Directorate of Children and Young People which are not otherwise reserved to members.

(e) Delegation to the Executive Director for Children and Young People does not include the matters referred to in Table 2 below

TABLE 2

EXECUTIVE MATTERS RESERVED TO MEMBERS CHILDREN AND YOUNG PEOPLE

1. Approval of the Mayor’s proposals to be submitted to the Council in relation to the statutory policy framework as set out in Paragraph 1 of Table 1

2. Other policy matters including agreeing the overall strategy for the service, in particular the approval of the Children and Young People Plan. This would include but not be limited to the schemes of delegation to schools.

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3. Approval of the Mayor’s proposals for the budget for the service to be submitted to the Council (including revenue and capital) for approval

4. Decisions relating to the provision, commissioning or purchasing of services, which in the opinion of the Executive Director would lead to major changes in service delivery methods or service levels

5. Receipt and consideration of inspection reports and reports from external bodies, on any elements of children’s services and/or particular cases and decisions arising out of that consideration which are pertinent to the Council.

6. Appointments to the Fostering Panel and Adoption and Permanence Panel. In so far as they operate exercise executive functions, those functions are delegated to the Panels directly.

7. The receipt and consideration of and report relating to the death, serious injury, abuse, allegations of abuse or any other matter of serious concern in respect of a child, student, school, establishment or of any other matter which in the opinion of the Executive Director for Children and Young People gives rise to serious concern in relation to the conduct of any element of children’s services.

8. Decisions relating to the setting or amendment of eligibility criteria for children’s services, whether social services or otherwise, and charges in respect of those services

9. Decisions relating to the joint commissioning of services with health organisations or other external bodies which would have financial implications for the Council in excess of £500,000

10. Decisions relating to the publication of any statutory notice in relation to schools or other educational units

11. Directions as to the occupation and use of school premises

12. Matters relating to the schools admissions policy including admissions criteria and the fixing of standard numbers for school admissions.

13. School reorganisation - decisions relating to whether to issue a notice in respect of an establishment, discontinuance or alteration of schools, including decisions about whether to consult on such matters

14. Decisions relating to the instruments of government of any school

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15. Appointment of LEA governors and LEA appointments to outside bodies save where such appointments are reserved to Council in accordance with the law or the Constitution. Appointments to the Education Appeals Panel are reserved to members. See Appendix 2

16. Decisions relating to the Council’s charging and remissions policy under Section 457 Education Act 1996

17. Decisions relating to policy about attendance and/or exclusion

18. Decisions relating to the approval and amendment of policy relating to students scholarships or pupil grants within the remit of children’s services

19. Decisions relating to the Council’s scheme for Fair Funding.

20. Decisions to issue a closure notice in respect of any school under any power of intervention relating to schools causing concern. All decisions relating to schools causing concern prior to authorization of the issue of a closure notice are delegated to the Executive Director for Children and Young People.

21. Decisions relating to the approval and amendment of policy for children and young people with special needs

22. To the extent that it remains a legal requirement the scoping of best value reviews of services for children and young people and consideration of the result of the review and decisions arising out of them, including their implementation

23. All of those matters listed in Table 1.

K. EXECUTIVE DIRECTOR COMMUNITY SERVICES Adult Social Services Unless the law, the Constitution or this Scheme of Delegation requires otherwise, the following powers are delegated to the Executive Director of Community Services, subject to the matters reserved to members in Table 3 below. (a) Authority to exercise all the executive functions of the Director of Adult

Social Services as defined by Section 6 Local Authority Social Services Act 1970, as amended by Section18 and Schedule 2 of the Children Act 2004. This shall include but not be limited to the following matters:-

• Residential and day care for adults

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• Family placements for adults,

• Respite care for adults

• Services for elderly people

• Services for people with learning disabilities, mental health problems and/or learning disabilities

• Home care

• Domiciliary care

• Hospital social workers

• Adult social work

• Funerals under the National Assistance Act 1948

• Youth offending services

• Joint care planning, liaison and management with health organisations and other external bodies

• Administration of the Supporting People Grant (b) Authority to exercise all of the Council’s executive functions in relation to

further and higher education and the provision of education, training and learning including adult and community learning.

(c) Authority to exercise all of the Council’s executive functions in relation to

leisure, culture, arts, sports, recreational activities, libraries museums, art galleries, theatres, archives, local history activity, leisure centres, parks and open spaces, allotments and any other such facilities.

(d) All executive decisions relating to the internal management of these

functions which are not otherwise reserved to members. (e) All executive functions in relation to community engagement and support

including the enhancement of citizen participation at a neighbourhood level.

(f) The delegation to the Executive Director Community Services does not

include the matters listed in Table 3 below.

TABLE 3 MATTERS RESERVED TO MEMBERS

1. Approval of the Mayor’s proposals to be submitted to the Council in relation to the statutory policy framework as set out in Paragraph 1 of Table 1

2. Other policy matters including agreeing the overall strategy for the service, in particular the approval of a plan for adult social services and other plans

3. Approval of the Mayor’s proposals for the budget for the service to be

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submitted to the Council (including revenue and capital) for approval

4. Decisions relating to the provision, commissioning or purchasing of services, which in the opinion of the Director would lead to major changes in service delivery methods or service levels

5. Receipt and consideration of inspection reports on any elements of any part of the service within the remit of the Director of Adult Social Services and decisions arising out of that consideration

6. Appointments to the Representation Panel. In so far as they exercise executive functions, those functions are delegated to the Panel directly. See Appendix 3

7. The receipt and consideration of reports from any external body into the performance of the Council or the conduct of particular cases

8. The receipt and consideration of any report relating to the death, serious injury, abuse, allegations of abuse of a client or any other matter of serious concern which in the opinion of the Director of Adult Social Services gives rise to serious concern in relation to the conduct of any element of the service

9. The receipt and consideration of any report relating to the death, serious injury, abuse, allegations of abuse of a client or any other matter of serious concern which in the opinion of the Director of Adult Social Services gives rise to serious concern in relation to the conduct of any element of the service

10. Decisions relating to the setting or amendment of eligibility criteria for adult social services or other services within the remit of the Director of Adult Services, and charges in respect of those services

11. Decisions relating to the joint commissioning of services with health organisations or other external bodies which would have financial implications for the Council in excess of £500,000

12. Decisions relating to the provision of community education which would entail the cessation of the service, decisions relating to the level of charges to be made in respect of those services and any decision which would in the opinion of the Director entail a significant change in the level of service provision, and any other matter which the Director is of the opinion is more appropriate for member decision.

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13. Decisions relating to the approval and amendment of policy relating to student awards within the remit of the Director of Adult Social Services

14. The scoping of best value reviews of services within the remit of the Director of Adult Social Services and consideration of the result of the review and decisions arising out of them, including their implementation


L EXECUTIVE DIRECTOR CUSTOMER SERVICES Unless the law, the Constitution or this Scheme of Delegation require otherwise, the following executive powers are delegated to the Executive Director Customer Services:

a) subject to b) below, in so far as they are the responsibility of the Executive, all executive functions in relation to matters within the remit of the Executive Director Customer Services, including but not limited to:- (i) responsibility for the management of housing properties in the Council’s ownership whether that function is carried out by the Council itself or through a third party under contract, including but not limited to:-

• The clienting, monitoring and reporting on all contracts for the provision of housing management services to the Council

• the maintenance and management of all land and property held by the Council for housing purposes;

• the provision of garden, open spaces and land for housing purposes,

• decisions in relation to the right to buy under the Housing Act 1985 (or other relevant legislation in force from time to time, (but not decisions relating to market value and sale prices which are delegated to the Executive Director of Resources and Regeneration),

• responsibility for setting charges for heat, light and power to Council properties served by a communal supply in accordance with policy approved by the Mayor

• dealings with housing associations, save to the extent that such decisions relate to housing development or capital schemes.

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(ii) all executive functions relating to the administration of revenues and benefits (both Council Tax and Housing Benefits), its one stop shop service, call centre services and internal communications. (iii) all executive functions relating to licensing and gambling, street trading, environmental issues including environmental and public health, consumer protection, building control, building works, cemeteries and crematoria. (iii) registration of births, deaths and marriages

(iv) Responsibility for the corporate emergency planning and business continuity functions (v) all executive functions relating to housing strategy and development, housing need and homelessness including private sector housing, housing partnerships and environmental health (housing).

(vi) all regulatory and enforcement functions that are the responsibility of the executive, including, but not limited to;

• environmental health,

• public health,

• trading standards

• building control,

• consumer protection,

• licensing,

• street trading,

(vii) the environment function, which shall include, but not be limited to;

• all environmental matters, including enforcement

• parks and community facilities (green scene)

• waste management (collection, disposal, recycling etc)

• burial and cremation

• animal welfare and pest control (viii) responsibility for the management, maintenance and operation of the Councils vehicle fleet (ix) responsibility for the management and operation of the in-house building services function

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(x) All matters relating to parking control, including but not limited to the collection of parking charges, parking regulation and enforcement. (xi) Passenger Transport. Delegation to the Executive Director Customer Services does not include the executive matters listed in Table 4 below, which are reserved to Members


CUSTOMER SERVICES

1. Approval of the Mayor’s proposals for submission to the Council in relation to the statutory policy framework as set out in paragraph 2 of Table 2 in so far as they relate to the remit of the Customer Services Directorate

2. Approval of all other policies and overall strategy in so far as they relate to the remit of the Customer Services Directorate, including housing policy and all other plans and priorities, including those relating to lettings and allocations, tenancy agreements and rent arrears collection

3. Approval of the Mayor’s proposals for submission to the Council in relation to the budget relating to the remit of the Customer Services Directorate, including but not limited to the proposals for housing expenditure, Housing Revenue Account estimates, rent and charges.

4. Approval of proposals, for consideration by the Council prior to submission for ministerial consent (including any drafts of these proposals).

5. Monitoring of expenditure by the Council or other body where funds have been obtained externally (e.g. Single Regeneration Budget) where the Council is the accountable body

6. Decisions relating to charges for services

7. Decisions to write off debts arising out of rent arrears in excess of £10,000

8. Decisions relating to the establishment, amendment or abolition of controlled parking zones.


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M EXECUTIVE DIRECTOR RESOURCES AND REGENERATION Unless the law, the Constitution, or this Scheme of Delegation require otherwise, the following executive powers are delegated to the Executive Director for Resources and Regeneration:- (a) Subject to (b) below, in so far as they are the responsibility of the Executive,

all those matters which are necessary properly to exercise the administration of the Council's finances including but not limited to:-

1) Day to day control and regulation of the Council's finances 2) Virements in accordance with Part K of the Constitution and Paragraph T

of this Scheme of Delegation 3) Contracts award and variation - Those delegated powers set out in Part

IV I of the Constitution and Paragraph Q of this Scheme of Delegation 4) Property - those powers relating to property set out in Paragraph R of this

Scheme of Delegation in so far as they are stated to be delegated to the Executive Director for Resources and Regeneration.

5) Insurance arrangements - Power to agree insurance arrangements where

either

(i) the value of the premium payable does not exceed £2.5 million or

(ii) the renewal premium payable does not exceed the last year's premium by more than 10%

6) Treasury Management In so far as they are executive decisions, matters

delegated to the Executive Director for Resources in accordance with the Council's Treasury Management Strategy from time to time.

7) Grants Those powers set out in relation to grants and assistance to

voluntary and other external bodies set out in Paragraph P of this Scheme of Delegation.

8) Allocation The approval of allocation of items of expenditure to the

General Fund and Housing Revenue Account, subject to the submission of an information report to the Overview and Scrutiny Public Accounts Select Committee each year to inform them of the allocation.

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9) Subscriptions Affiliations to and payment of subscriptions to outside bodies up to a maximum of £25,000 per annum.

10) Bad debt The approval of the write off of bad debt in accordance with

Paragraph S of this Scheme of Delegation.

11) Urban regeneration (in so far as initiatives do not fall within the remit of another Executive Director), economic development, town planning, public health, traffic management, highways, transport planning, energy management and the provision of and provision and estate management of travellers’ sites.

12) Employment & Training The encouragement and development of employment and training opportunities and facilities.

13) Urban Regeneration Initiatives The management and implementation

of urban regeneration initiatives including single regeneration schemes and housing regeneration schemes which have been approved by the executive including management of the housing investment programme and other capital programmes and resources ensuring effective financial control of resources and the achievement of value for money, subject always to the approval of the Executive Director for Resources and Regeneration in relation to decisions about the allocation of funds and expenditure

14) External Funding Application for external funding for schemes or

projects relating to urban regeneration or other activities up to £1 million, save where such external funding would require match funding by the Council of £250,000 or involve revenue expenditure of that amount per annum.

15) Estate management of Council assets including all assets but not schools (which is within the remit of Children & Young People) nor housing HRA ( which is within the remit of Customer Services).

16) Assets of community value

The maintenance of a register of assets of community value and a register of the properties which, despite application for them to be included, have not been included on the register, and such decisions as are necessary to ensure compliance with the requirement of the Localism Act 2011 in relation to such assets, subject to the general financial limits on the Executive Director’s power to dispose of Council property and any other limitations on his/her delegation.

(b) Delegation to the Executive Director for Resources and Regeneration

does not include the executive matters listed in Table 5 below

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TABLE 5

EXECUTIVE MATTERS RESERVED TO MEMBERS RESOURCES AND REGENERATION

1. Approval of the revenue and capital budget proposals for submission to the Council

2. Approval of proposals for medium term financial planning and budget strategy for submission to the Council

3. Approval of proposals for the borrowing and investment strategy for submission to the Council

4. The approval of any loan to any person, company or other organisation save in accordance with the Treasury Management Strategy in force from time to time, or to employees in accordance with a scheme previously approved by the Executive

5. Virements across budgets may only be made by members where the virement is outside the limits set out in Part IV.I of the Constitution. In effect, virements of revenue budget up to £500,000 may be made by the Executive Director for Resources and relevant Executive Director. Virements over £500,000 and up to £1 million are reserved to executive members. Budget virements above that level are for the Council to make.

6. Contracts – decisions relating to the tendering, award and variation of contracts for executive functions may only be taken by the Executive Director in the circumstances permitted in Section I of the Procedure Rules contained in Part IV of the Constitution, and Paragraph Q of this Scheme of Delegation Decisions relating to the letting of building construction and engineering works contracts with a total value of £1 million or more may only be taken by members. In the case of all other contracts those decisions may only be taken by members if the estimated value exceeds £500,000.

Decisions relating to the variation of building, construction and engineering contracts may only be taken by members if the estimated value of the variation is 10% of the original contract price or £500,000 whichever is the greater. In all other cases decisions relating to variations of contracts may be taken by the Executive Director for Resources or his nominee.

7. Property - The Executive Director for Resources and Regeneration may only exercise delegated authority in relation to the disposal or acquisition of property

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in accordance with paragraph R of this Scheme of Delegation. Decisions relating to property transactions which do not fall within that paragraph shall not be exercised by officers.

8. Insurance arrangements not falling within the criteria set out in paragraph M5 of this Scheme of Delegation

9. Grants falling outside the categories set out in paragraph P of this Scheme of Delegation

10. Affiliation to and the payment of subscription to external organisations in relation to executive functions where the subscription is more than £25,000 per annum

11. Approval of the Mayor’s proposals for submission to the Council in relation to the statutory policy framework as set out in paragraph 2 of Table 1.

12. The approval of any proposal relating to the adoption or amendment of the local development framework to be referred to Council, including any draft for consultation

13. Decisions relating to increases in charges for services exceeding the rate of inflation.

14. Decisions relating to neighbourhood planning under Localism Act 2011 in so far as they are executive functions and not specifically delegated by the Mayor.

All of those matters listed in Table 1.

O DELEGATION TO THE HEAD OF LAW (1) The following have delegated authority to initiate, conduct and defend all

legal proceedings brought by or against the Council in any Court, Tribunal or Arbitration and may make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body:

(a) the Head of Law; (b) any individual holding the position of Principal Lawyer, Senior

Lawyer or Lawyer within the Legal Services Department. (2) The Head of Law has delegated authority to settle proceedings for up to

£500,000 subject to budgetary provision being available if she is of the

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opinion that it would be in the interests of the Council to do so. Subject to the same financial limit, the Head of Personnel & Development, Head of People Management Services, Strategic Advisors (Human Resources) and Human Resources Business Manager may also sign form COT3 in relation to potential claims arising out of the National Agreement on Pay & Conditions commonly known as the Single Status Framework Agreement on the advice of the Head of Law.

(3) The Head of Law has delegated authority to settle proceedings up to £1

million if she is satisfied that it is in the interests of the Council to do so, has consulted with the Executive Director for Resources and Regeneration and she agrees with the terms of the proposed settlement. Decisions to settle proceedings for a sum above £1 million shall be taken by the Mayor.

(4) Power to enter into financial settlement of up to £1 million in respect of any

matter where legal proceedings are threatened against the Council where she has consulted the Executive Director Resources and is satisfied that it is in the Council’s overall interest to do so.

(5) The Head of Law has delegated authority to act as the proper officer for

those purposes listed in Table 6 below. (6) In the absence of the Head of Law, the functions delegated under

Paragraph (2)-(5) above may be exercised by any person holding the position of Principal Lawyer with the Council.

TABLE 6

1. The certification of photographic and other copies of documents held in the custody of the Council and byelaws (Section 229 and 238 Local Government Act 1972

2. To receive and retain documents deposited with the Council. This provision is without prejudice to the powers of any other person so authorised for this purpose. (Section 225 Local Government Act 1972)

3. To sign Forms 53 relating to the discharge of advances made pursuant to the Housing (Financial Provisions) Act 1958, the Housing Purchase and Housing Act 1959 and the Housing Act 1985

4. To sign on behalf of the Council any contract, deed or document including those for the purchase or sale of land, in accordance with the Council’s procedure rules for the signing of contracts, as set out in Part IV I of the

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Constitution

5. To issue Notices pursuant to the making of any compulsory purchase order under statutory powers available to the Council; and Notices to Treat and Notices of Entry under any compulsory purchase order which has been approved by the appropriate government department.

6. Without prejudice to any powers delegated to other officers of the Council, to issue on behalf of the council all Notices, orders and/or similar documents pursuant to legislation in force from time to time

7 To determine applications in relations to Town Greens

P GRANTS AND ASSISTANCE TO VOLUNTARY ORGANISATIONS (1) Unless the law, the Constitution, or this Scheme of Delegation requires

otherwise, the following executive powers are delegated to the Chief Executive and to each Executive Director in relation to grants and assistance to voluntary organisations:-

(a) the power to make a grant or to give other assistance to a voluntary

organisation within their area of responsibility, where the total value of the assistance in money or moneysworth does not exceed £10,000

(b) the power to reduce or withdraw a grant or other assistance, and the

power to make a grant or give other assistance to a voluntary organisation (irrespective of the value of the grant or assistance) within their area of responsibility if the value of the grant or assistance is smaller or larger than that awarded in the previous year by no more than 10% or £5000 whichever is the larger

(2) The decisions set out in Table 7 below are not delegated to officers in

relation to grants and assistance to voluntary organisations .


GRANTS AND ASSISTANCE TO VOLUNTARY ORGANISATIONS

1.Making a grant or giving assistance to a voluntary organisation where the total value of the grant and/or assistance exceeds £10,000

2. Making a grant or giving assistance to a voluntary organisation where the grant and/or assistance (irrespective of the amount) is smaller or larger than that awarded in the previous year by 10% or £5000, whichever is the larger

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3. Decisions to suspend or withdraw funding completely from a voluntary organisation, where the annual funding given exceeds £10,000

4. The consideration of monitoring reports on voluntary organisations’ activity and decisions to be taken as a result of that consideration

5. Approval of the criteria for voluntary sector funding and/or assistance

6. Decisions in relation to grants and/or assistance below £10,000 per annum where the Mayor or Executive requests that the matter be reserved to members, or where in the opinion of the relevant Executive Director, the Chief Executive or the Head of Law the matter would more appropriately be dealt with by members.

Q CONTRACTS (1) The extent to which the letting of contracts (other than those relating to

property which are set out at Section R below) is delegated to officers in relation to executive functions is set out below:-

• decisions relating to the tendering, letting and award of contracts for building, construction and engineering works, where the estimated total value is under £1 million shall be taken by the appropriate Executive Director or his/her nominee;

• in the case of all other contracts, where the estimated total value is under £500,000, decisions shall be taken by the appropriate Executive Director or his nominee;

• all such decisions shall be taken in accordance with the contract procedure rules set out in Part 1 of the Council’s Constitution.

(2) To the extent that the letting of contracts is not delegated to officers, in so

far as they relate to executive functions, it is delegated to the Executive acting collectively in accordance with the terms of reference at Appendix 1.

R PROPERTY Unless the law, the Constitution, or this Scheme of Delegation require otherwise, the following executive powers are delegated to the Executive Director for Resources in relation to property matters:-

(1) Acquisition

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The acquisition of freehold and/or leasehold interest in land and property or other interest in land including the payment of Home Loss and Disturbance Payments, subject to the necessary financial provision having been made.

(2) Property Management

In relation to all properties save dwelling houses let on secure tenancies, to take the following actions, provided where applicable, that the necessary financial provision has been made.

a) The grant (including renewal) of leases, licences or tenancies, easements or wayleaves of all Council owned land and property for a rental or licence fee reflecting market value. b) The grant (including renewal) of wayleaves or easements over or affecting Council owned land and property, including licences of advertisement hoardings. c) Authority for the Council to take leases, licences, tenancies, wayleaves or easements (including renewal) of land and property . d) The approval of rent or fee reviews of leases, licences, tenancies, wayleaves or easements granted or held by the Council. e) The alteration or waiver of terms and conditions of leases, licences, tenancies, wayleaves or easements granted or held by the Council. f) The approval of terms for the waiver, variation or amendment of covenants in transfer documents including those in respect of properties sold under the Right to Buy. g) The approval of the terms for the assignment, subletting, surrender or operation of a break clause of any lease, licence, tenancies, wayleaves or easements granted or held by the Council in any land or property. h) The approval of the terms for the settlement of any claim for dilapidations or other breaches of covenants in respect of land and property. i) The authorisation of service of notices under all legislation relating to Council land ownership.

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j) Authority to instruct the Head of Law to instigate court proceedings for the recovery of all monies owing to the Council and possession of land and property, including authorisation of the enforcement of a Court Order for Possession. k) The authorisation of the levying of distress against occupants of land and property in arrears where the Executive Director Resources is of the opinion that it is appropriate to do so

(3) Declaring Property Surplus

a) Upon being advised by the Executive Director for the Directorate using a property that it is surplus to the requirements of that Directorate, the Executive Director for Resources may, following consultation with other Directorates as to any alternative use for the property, and having first informed the ward members in which the property is situated, declare the property surplus to corporate requirements and authorise its disposal, if no alternative use is identified by Directorates, provided that the estimated value of the property does not exceed £500,000.

b) If a property no longer required for use by a Directorate is required for an alternative use, the Executive Director for Resources may authorise its appropriation to the new use and the value at the time of change of use, for capital charge purposes

c) If in the view of the Executive Director for Resources, a property ought to be disposed of notwithstanding a proposed alternative use, the matter shall be referred to the Executive for decision.

(4) Disposal

A Disposal is defined as the sale of the Council’s freehold interest or the

grant of a lease exceeding 7 years in length in consideration of a premium and/or ground rent. Disposals will be effected in such a way to ensure that the Council receives the best consideration reasonably obtainable and in accordance with the Property Disposal Procedures approved by the Executive from time to time. Any proposed disposal at less than the best consideration reasonably obtainable will be referred to the Executive for approval. All disposals will be subject to any necessary Ministerial Consents being obtained.

a) Subject to any limitations set out elsewhere in this scheme of delegation, the valuation of properties and the decision to dispose, and the approval of the terms for the disposal of land or property

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which has previously been declared surplus to requirements and approved for disposal by the Executive Director for Resources acting under delegated authority. b) The disposal of residential dwellings where there is a legal obligation on the Council to sell.

c) The approval of terms for the disposal of mortgage repossession properties, subject to the other relevant provisions of this paragraph 4 . d) The approval of terms for the disposal of vacant land and property in charge to the Council, subject to the other relevant provisions of this paragraph 4. e) The approval of the terms for the disposal of any residual freehold interest in a block/building to all leaseholders jointly, subject to all other relevant provisions of this paragraph 4. This is also subject all units having previously been sold and suitable arrangements being entered into by all parties regulating the future management of the whole block/building. f) Authority to take such action as is necessary in accordance with agreed procedures concerning the disposal of land or property.

(g) The approval of the terms for the assignment, subletting, surrender or operation of any break clause of any lease, licence, tenancies, wayleaves or easements granted or held by the Council in any land or property which has been declared surplus to requirements.

(5) Capital Finance Regulations

The Executive Director for Resources may make decisions to earmark the proceeds of sale from asset disposals for expenditure on in/out schemes under the Local Authorities (Capital Finance and Accounting) Regulations 2003 and any amendments thereto, including (without limitation) regeneration projects and replacement of asset schemes subject to the schemes themselves having previously been approved by the Executive or as delegated by the Mayor.

(6) Property - General

a) In accordance with the provisions of Part IV I of the constitution, authority to sign property related documentation for or on behalf of the Council in relation to all powers delegated by this

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Scheme of Delegation save for documents to be entered into by way of deed. b) Authority to agree terms and enter into agreements for any matter of a minor or urgent nature affecting land or property either owned or leased by the Council. c) Authority to undertake and sign valuations for statutory or other Council purposes. d) The submission of planning applications. e) To approve the terms of such other agreements or transactions as may be in the best interests of the Council of a minor or urgent nature

f) to take such actions and incur such expenditure as is necessary to ensure the proper management of council owned property.

(7) The executive decisions set out in Table 8 below are not delegated to officers but are reserved for decision by members


PROPERTY

1. Any decision relating to the use of the Council’s compulsory purchase powers

2. Any decision to declare as surplus to requirements, market, acquire or dispose of property where the value of the property exceeds £500,000

3. Any decision where conditions on the exercise of delegated authority by the Executive Director for Resources have not been fulfilled

N.B. Delegated authority is given to the Mayor and Cabinet (Contracts) acting collectively in relation to property matters to the extent set out in Appendix 1 to this Mayoral Scheme of Delegation.

S WRITING OFF DEBT Unless the law, the Constitution, or this Scheme of Delegation require otherwise, the following executive powers are delegated to officers in relation to bad debt:-

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(1) Save in relation to housing rent arrears, the Executive Director for Resources and Regeneration has delegated authority to write off bad debt up to £50,000. However if debts of the person or organisation to that total have been written off by the Council in the previous three years, the decision shall not be delegated to the Executive Director for Resources. In such cases the power is reserved to members.

(2) Authority is delegated both to the Executive Director for Customer

Services and the Executive Director Resources and Regeneration to write off bad debt in relation to housing rent arrears up to £10,000. Above that threshold, the authority to write off bad debt in respect of housing rent arrears may only be exercised by members.

T VIREMENTS

Unless the law, the Constitution, or this Scheme of Delegation requires otherwise, the following executive powers are delegated in relation to virements:-

(1) Up to £500,000 authority is delegated to the Executive Director for

Resources and Regeneration, and to other relevant Executive Directors, with the approval of the Executive Director for Resources and Regeneration.

(2) Decisions relating to virements of £500,000 up to £1 million are

reserved to members.

U EMPLOYMENT MATTERS Save as required by law, the Council's Constitution or this Scheme of Delegation decisions relating to all employment procedures and processes are delegated to the Executive Director for Resources or such person as he may nominate, in so far as they are executive functions, unless they are specifically reserved to members. The matters contained in Table 9 below are reserved to members.

TABLE 9 MATTERS RESERVED TO MEMBERS

EMPLOYMENT

Re-organisations involving at least 200 staff.

Appointment of members of, and membership of, the Council’s two local joint committees (Teachers and Staff) and Works Council whose terms of reference

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are appended at Appendix 4.

V BIDDING FOR EXTERNAL WORK Decisions about whether the Council should bid for, and if successful, perform work or provide services to external bodies is delegated to the Chief Executive, to the extent that the proposed contract would relate to executive functions. Before exercising this function, the Chief Executive must first consult with the Head of Law and Executive Director for Resources. However, where the estimated value of the work exceeds £1 million per year, or £3 million in total whichever is the smaller, the Chief Executive shall not exercise this delegated power. W CRIME AND DISORDER Decisions relating to the implementation of the Council’s Crime and Disorder Strategy are delegated to the Chief Executive or such person as he shall nominate. X MAYORAL DECISIONS The powers delegated by the Mayor in this Scheme of Delegation may be exercised by the Mayor at any time. Y DIRECTORATE SCHEMES OF DELEGATION The extent to which the power to make executive decisions is delegated to officers below Executive Director are set out at (C) Directorate Schemes of Delegation. Z JOINT COMMITTEES The Council participates in joint committees which exercise executive functions. They are SELWDG - South East London Waste Disposal Group, Joint Committee with the London Borough of Croydon on Street Lighting and the Association of London Government bodies shown as joint committees below. The Mayor has agreed to continue participation in these bodies and has appointed the following members to serve on them:

a) South East London Waste Disposal Group (SELWDG) – Councillor Muldoon b) Joint Section 101 Committee with the London Borough of Croydon on Street Lighting – Councillors Maslin and Smith

c) London Councils Committee and Panels

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Committee/Panel

Membership

Appointee

Leaders' Committee (s101 Joint Committee)

Boroughs nominate one voting member (usually Leader, but not necessarily) and up to two named deputies. All three members will receive papers for meetings

The Mayor (Steve Bullock) Deputy: Councillor Smith

Health & Social Care Forum

Boroughs make nomination (usually lead member for social services or health). Appointments, including steering group, made by Leaders' Committee

Councillor Fitzsimmons Deputy: Councillor Muldoon

Housing Panel Boroughs make nomination (usually lead member for housing). Appointments, including steering group, made by Leaders' Committee

Councillor Wise Deputy: Councillor Ibitson

Children & Young People and Family Forum

Boroughs make nomination (usually lead member for education) Appointments, including steering group, made by Leaders' Committee

Councillor Klier Deputy: Councillor Paschoud

Culture & Tourism Forum and 2012 Forum

Boroughs make nomination (usually lead member for culture, tourism or sport). Appointments, including steering group, made by Leaders' Committee

Councillor Best Deputy: Vacant

Community Safety and Boroughs make Councillor Onuegbu

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Policing Forum nomination (usually lead member for community safety/policing matters). Appointments, including steering group, made by Leaders' Committee

Deputy: Councillor Morrison

Economic Development Forum

Boroughs make nomination (usually lead member for economic development, Europe or regeneration). Appointments, including steering group, made by Leaders' Committee

Councillor Smith Deputy: Councillor Curran

Transport and Environment Committee)

Boroughs nominate directly (usually lead member for transport and/or environmental issues). One voting member and up to four named deputies

Councillor Smith Deputy: Councillor Wise

Grants Committee) Boroughs nominate directly one voting member and up to four named deputies

The Mayor Deputy: Councillor Millbank

Those members appointed may represent the Council within the terms of reference of the relevant Committee/Panel. Those members appointed may represent the Council within the terms of reference of the relevant Committee/Panel.

AA HEALTH AND SAFETY AT WORK Executive decisions relating to Health & Safety at Work in relation to the Council's role as employer are delegated to the Chief Executive or such officer as he may nominate.

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DIRECTORATE SCHEMES OF

DELEGATIONS

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(C) DIRECTORATE SCHEMES OF DELEGATION

The Directorate for Children and Young People Scheme of Delegation

1. Purpose 1.1 The Children and Young People’s Directorate scheme of delegation sets

out the post titles of those officers whom the Executive Director for Children and Young People (CYP) has decided shall be nominated to take decisions on areas from the Mayoral Scheme of Delegation where responsibility has been delegated to the Executive Director for CYP.

1.2 This Scheme of Delegation comes into operation from 26 November 2009

and will remain in force until it is amended or revoked by the Executive Director for CYP or via changes to the Mayoral Scheme of Delegation.

1.3 The purpose of the CYP Directorate scheme of delegation is to be clear

about which officer has been nominated to make delegated decisions within this directorate.

1.4 The scheme is subject to the Council’s Constitution, the Mayoral Scheme

of Delegation, Financial Regulations and Contract Procedure Rules. 1.5 Heads of Service will continue to be responsible for running their own

services and taking decisions in line with their service requirements unless specifically required in this scheme of delegation or determined by the Executive Director for CYP to seek other agreement.

1.6 Some decisions in this scheme of delegation will still be required to be

taken directly by the Executive Director for CYP or in their absence they will nominate an appropriate officer/s to assume these responsibilities but unless otherwise notified the following delegations will apply:

• Directorate financial decisions – Head of Resources

• Legal decisions – Head of Law or Deputy Monitoring Officer/Principal Lawyers as appropriately nominated by the Head of Law

• Directorate Personnel/Human Resources decisions - Head of Resources

• Acts under authority delegated to the Executive Director for CYP in his/her absence - Head of Resources, (unless specifically delegated to a Head of Service)

• Contract matters – Head of Resources 1.7 Where the word ‘nominee’ is used the nomination is to be made by the

post holder referred to, in writing, and a record of all such nominations

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within the directorate must be kept in the directorate and available for inspection at any time.

1.8 Where power is delegated to the Executive Director, and officers are

nominated by him/her under this Scheme of Delegation, the power will be exercised in a manner that decisions are not made in isolation and that the decision maker takes into account the broader corporate implications for the Council. If officers take key decisions, as defined in Article 16 of the Constitution of the London Borough of Lewisham, the law requires them to comply with the Local Authorities (Executive Arrangements)(Access to Information)(England) Regulations 2000. In addition, for key executive decisions which are to be taken by officers individually, the Chief Executive may, from time to time, put in place a procedure to ensure that officer decision making is exercised in a manner which reflects corporate considerations. Officers may only exercise delegated authority in relation to key executive decisions by complying with the procedures as stated in the Financial Regulations

Delegations

Unless required otherwise by law, the Constitution, the Council and Mayoral Scheme of Delegation or this Scheme of Delegation, the Executive Director for nominates the following post holders to make the decisions set out in the table below as listed.

Mayoral Areas of Delegation

Area Matters to be delegated to Service Unit Manager (SUM) or other named postholder

Matters to be delegated but reserved to Head of Service (or equivalent)

Matters to be reserved to the Executive Director

Matters to be reserved to Members

Student Awards and Pupil Services

Student scholarships or pupil grants up to £10,000

Executive Director to be co-signature for drawing funding from Paymaster re: mandatory support.

Educational Psychologists & Learning Support

Educational Psychologists & learning Support SUM to exercise all statutory powers to identify and meet

None

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children’s special educational needs under the Education Act 1996 and all Code of Practice stages within the prescribed timescales.

Governors’ Support

Governors’ Support Team Leader to exercise powers including governor elections, information packs for governors, governor training programme, resolutions from Annual Parents’ meetings, recruitment of governors, clerking provision, servicing of governor fora etc.

None

Special Educational Needs

SEN SUM to determine additional support provided through a formal assessment. SEN SUM to determine provision of free transport for eligible pupils, subject to notifying Head of Pupil Services of any decisions made at SEN Tribunals which are contrary to LEA policy.

Head of Pupil Services to agree contracts between the LEA and Independent/non-maintained schools.

None

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Educational Access

Admissions Team Leader to implement policies on admissions matters including:

• preparation of statements setting out arrangements on limits to infant class sizes

• carrying out of statutory consultation on admission policies

• publication of information on admissions arrangements

• arrangements for admissions and exclusions appeals.

SUM Educational Access to be responsible for:

• attendance of children of compulsory school age

• arrangements for out of school provision

• exceptional admissions decisions e.g. children of teachers and those with social/ medical needs

• pre-exclusion intervention

• monitoring and improving educational outcomes for children looked after

• enforcement of child employment legislation

Head of Pupil Services to direct schools to admit specific pupils when they have a vacancy.

Executive Director to approve school term and holiday dates.

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School Interventions as set out in Education and Inspection Act 2006

Head of Standards and Achievement to exercise the intervention powers set out in the Education and Inspections Act 2006 :

• issue warning notices;

• direct governing body to enter into specified arrangements

• appointment of additional governors

• with Secretary of State consent to provide for the governing body to consist of interim executive members

• suspend a school’s right to a delegated budget

The issue of a closure notice following a direction from the Secretary of State.

School Discipline

Exercise of power to intervene to prevent a breakdown or continuing breakdown of discipline in a maintained school.

Finance

Day to day control and monitoring of individual service budgets – budget holders.

Strategic Oversight and monitoring of the overall directorate budget.– Head of Resources.

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Revenue Budget Virements in CYP Cross Directorate Revenue Budget Virements A Budget Virement is a transfer of a budget from the purposes for which Council originally voted in setting the budget and Council Tax to another purpose.

Head of Service in conjunction with Group Finance Manager – up to £20k within directorate

Head of Service with Head of Resources –up to £100k Head of Resources with Head of Service and Head of Business Mgt and SS up to £50k

Up to £500,000 in conjunction with Executive Director Resources. Executive Director for Resources via EMT up to £500k

All revenue budget virements above these limits are reserved to Members

Capital Budget Virements

Executive Director for Resources – up to £500k

Over £500k

Budget Adjustments A Budget Adjustment is a transfer of a budget from one cost centre to another whilst retaining the original purpose for which the budget was approved. Any items that fall outside the above definitions must

Group Finance Manager - within the same service area.

Group Finance Manager with Heads of Service – across service areas.

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be referred to the Head of Resources for further

clarification.

Appeals against decisions on grant aid

Where amount does not exceed £10,000.

Loans Reserved to members

Licensed deficits

Up to £100,000 by Head of Resources. Up to £500,000 in conjunction with Head of Resources.

Over £500,000 reserved to members.

Land issues; acquisition and disposal of land and buildings.

See scheme of delegation for Regeneration and Resources Directorates.

Contracts There are three categories of contracts:- Category A - Building construction and engineering works contracts (‘works contracts’) with an estimated value of over £1m, other contracts with an estimated value of over £500,000, and contracts that fall within the full provisions of the EU

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procurement regime (Works, Supplies and Part A Services). Category B - Works contracts with an estimated value of between £40,000 and £1m and all other contracts with an estimated value of between £40,000 and £500,000, and those that fall outside the full requirements of the EU procurement regime (Part B Residual Services). Category C- All other contracts or arrangements with an estimated value of less than £40,000. Inviting Contracts

Category C (No approved list or waiver required). Head of Service

Category A and B – By public advert Authorise the Approved list Category B – Waiver

Category A - Waiver

Receipt of Contracts

Category C – Head of Service

Category A – Chief Executive Category B –

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Executive Director

Opening Envelopes – At least two officers

Category C Two officers approved by Executive Director

Category A Chief Executive or nominated officer and Officer approved by Executive Director for Resources/Head of Law Category B Executive Director or nominated officer and Officer approved by Executive Director for Resources

Award of Contract

Category B (where the lowest price is not the most economical) Less than £200k Head of Resources and Head of Service Category B (Where the lowest price is the most economical) Less than £200k Executive Director or nominated officer with appropriate authorised spending level Category C Head of Service

Category B (where the lowest price is not the most economical) £200k or more Executive Director and Head of Service with Scrutiny Category B (Where the lowest price is the most economical £200k or more Executive Director with Head of Service

Category A Mayor and Cabinet with Scrutiny

Contract Signing

Less than £200k - Officer designated by

Over £200k – Sealed by Legal Services

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the Executive Director

Grants to Vol orgs and other organisations Rent grants

Unless the law, the Constitution, or the Mayoral Scheme of Delegation requires otherwise, the following executive powers are delegated to the Chief Executive and to each Executive Director in relation to grants and assistance to voluntary organisations:- (a) the power to make a grant or to give other assistance to a voluntary organisation within their area of responsibility, where the total value of the assistance in money or moneys worth does not exceed £10,000

(b) the power to reduce or withdraw a grant or other assistance, and the power to award a grant or give other assistance to a voluntary organisation (irrespective of

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the value of the grant or assistance) within their area of responsibility if the value of the change in grant is no more than 10% or £5,000, (whichever is the greater), than the grant awarded in the previous year. All grants considered to be sensitive or controversial to be included in the forward plan

Approval of any application for external funding which is below £1 million with no match funding implications.

Note: All other applications must be approved by Members. Before submitting a report to Mayor and Cabinet to seek approval to bid for funding, an initial agreement to proceed must be sought from the Directorate Project Review

Executive Director and Head of Business Management and Service Support, in conjunction with the Directorate Project Review Group or where necessary the Corporate Project Board.

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Group or Corporate project Board as appropriate.

Subscriptions – affiliations to and payment of subscriptions to outside bodies up to a maximum of £25,000 per annum.

Within own area of responsibility up to £5K.

Above £5k up to £25k – Executive Director (or in their absence the Head of Resources).

Bad Debt Write Off

Write off of bad debts (excluding housing rents); in accordance with Resources Directorate Scheme of Delegation; Head of Resources or nominee can recommend to Executive Director of Resources and Regeneration.

Write off of non-land and building assets

Heads of Service – up to £20,000.

Early Years Centres

Placements of children in need Community Placements

Outdoor Education

Charges

Employment Matters Probationary appeals

Heads of Service to hear probationary appeals for

Executive Director to hear probationary appeals for

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Disciplinary and capability appeals Suspensions Reorganisa- tions Health & Safety Settling Employment Tribunal claims out of court. Resignation/ Retirement of Headteachers Services for children and families Placements in Secure Accommodation Placements in residential or foster care Authorisation of Children Act (1989) foster carer

SUMS to prepare proposals for consultation Personnel SUM to settle claims to £5000 up to £50 per payment up to a

employees in their division. Heads of Service hear disciplinary and capability appeals for employees in their division. Heads of Service to approve suspension from duty of any employees within their divisions, advised by personnel SUM. Heads of Service to approve proposals and take to DMT. Head of Resources to settle claims over £5000 advised by legal and corporate personnel. Head of School Effectiveness and Head of Resources to approve packages in excess of 6 months gross pay in consultation with Chair of Governors.

Head of Service, Children &

Heads of Service. Executive Director to hear disciplinary and capability appeals for Heads of Service Suspension of Heads of Service (or equivalent salary level) or any staff reporting directly to them, as advised by head of Corporate personnel. All cases where costs to be met by LEA.

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enhancements Authorisation levels for Children Act (1989) s.17 Children in Need payments: Authorisation levels for Children Act (1989) s.23 payments to LAC & s.24 Leaving Care payments:

maximum of £250 per family per annum – Team Leaders up to £500 per payment up to a maximum of £2,500 per family per annum - SUMs

• up to £50 per payment – Team Leaders

• up to £1,000 per payment - SUMS

Families Group Manager Group Manager LAC or Group Manager PAH up to £5,000 per payment up to a maximum of £15k per family p.a. – Group Managers up to £15k per payment up to a maximum of £50k p.a – Head of Service

• up to £5,000 per payment- Group Managers

over £5,000 per payment – Head of Service

3. General

All non-executive functions not reserved to members, shall be delegated to the Chief Executive or such officer as he shall nominate in writing, unless there is a statutory requirement that the function be carried out by another officer, (for example the personal statutory responsibilities of the Director of Children’s Services and the Director of Adult Services). General Guidance Unless the law, the Constitution or this Scheme of Delegation requires otherwise, the following powers are delegated to the Executive Director for CYP:-

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(a) Authority to exercise the Council’s executive functions in relation to education, including but not limited to, those contained in the Education Act 1996 and School Standards and Framework Act 1998, Learning & Skills Act 2000 and all other relevant legislation in force from time to time, with the exception of the matters listed in Table 2 above.

(b) The exercise of all executive functions relating to the provision of opportunities for education, training and learning outside the formal school environment, including pre-school.

(c) All executive decisions relating to the internal management of the Directorate of Children and Young People which are not otherwise reserved to members on any ground.

Exemptions The Mayoral Scheme of Delegation states that authority to exercise executive functions and make executive decisions is delegated to officers, except where there is an exemption to the contrary. Where such an exemption exists, the general rule is that those decisions will be made by the Mayor individually, in consultation with his colleagues in the Executive. Officers should refer to the Mayoral Scheme of Delegation; to Section I and Table 1 for general exemptions, and to Section J and Table 2 for exemptions specific to the CYP Directorate. Exemptions which may override delegated authority to officers to make decisions, as detailed in Section 2 of the CYP Directorate of Delegation, are repeated below.

1. Any matter in which the officer who would otherwise have delegated authority to act is aware that a councillor (or a person, company or organization with which the councillor is involved) has a personal interest under the Council’s Member Code of Conduct.

2. Any matter in which the officer who would otherwise have delegated

authority to act has an actual or potential interest.

Signed _______________________________ ___________________ Frankie Sulke Date Executive Director For CYP

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The Directorate for Community Services Scheme of Delegation

1. Purpose

1.1 The Community Services Directorate Scheme of Delegation sets out the names/titles of those officers whom the Executive Director for Community Services has decided shall be nominated by him/her to take decisions on areas from the Mayoral Scheme of Delegation where responsibility has been delegated to the Executive Director for Community Services.

1.2 This Scheme of Delegation comes into operation from 26 November 2009 and

will remain in force until it is amended or revoked by the Executive Director Community Services or via changes to the Mayoral Scheme of Delegation.

1.3 The purpose of the Community Services Directorate scheme of delegation is to

be clear about which officer has been nominated to make delegated decisions within this directorate.

1.4 The scheme is subject to the Council’s Constitution, the Mayoral Scheme of

Delegation, Financial Regulations and Standing Orders.

1.5 Heads of Service will continue to be responsible for running their own services and taking decisions in line with their service requirements unless specifically required in this scheme of delegation or determined by the Executive Director for Community Services to seek other agreement.

1.6 Some decisions in this scheme of delegation will still be required to be taken

directly by the Executive Director for Community Services, in their absence they will nominate an appropriate officer/s to assume these responsibilities but unless otherwise notified the following nominations will apply:

• Directorate financial decisions – Head of Business Management and Service Support

• Acts under authority delegated to the Executive Director for Community Services in his/her absence - Head of Business Management and Service Support (unless specifically delegated to a Head of Service)

• Contract matters – appropriate Head of Service

1.7 Where the word ‘nominee’ is used the nomination is to be made by the post holder referred to, in writing, and a record of all such nominations within the directorate must be kept in the directorate and be available for inspection at any time.

1.8 Where power is delegated to the Executive Director, and officers are nominated

by him/her under this Scheme of Delegation, the power will be exercised in a manner that decisions are not made in isolation and that the decision maker

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takes into account the broader corporate implications for the Council. If officers take key decisions, as defined in Article 16 of the Constitution of the London Borough of Lewisham, the law requires them to comply with the Local Authorities (Executive Arrangements)(Access to Information)(England) Regulations 2000. In addition, for key executive decisions which are to be taken by officers individually, the Chief Executive may, from time to time, put in place a procedure to ensure that officer decision making is exercised in a manner which reflects corporate considerations. Officers may only exercise delegated authority in relation to key executive decisions by complying with the procedures as stated in the Constitution.

2. Scheme of Delegation

Unless required otherwise by the law, the Constitution, the Council and Mayoral Scheme of Delegation or this Scheme of Delegation, the Executive Director for Community Services nominates the following post holders to make the decisions set out in the table below.

Mayoral Areas of Delegation

Area of delegation

Officer with delegated authority

Strategic Oversight and monitoring of the overall directorate budget.

Head of Business Management and Service Support

Day to day control and monitoring of individual service budgets. The exception is care packages for individual service users which are subject to separate delegated arrangements set out below.

Budget holders or managers with budget responsibility

Virements A Virement is a transfer of a budget from the purposes for which Council originally voted in setting the budget and Council Tax to another purpose. Revenue Virements Within the Directorate

a) Up to £20k Head of Service on

advice of Group

Finance Manager

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b) Above £20,000 and up to £100,000 Head of Service on

advice of Head of

Business

Management and

Service Support

c) Above £100,000 and below £500,000 Executive Director

Cross Directorate a) Up to £50k

Head of Service (and HOR CYP if it involves CYP) on advice of Head of Business Management and Service Support

b) Over £50k and up to £500k Executive Director for Resources

All revenue virements above these limits are reserved to Members

1.20.1 Capital Virements (on the Council’s Capital Programme)

Up to £500k

Executive Director for Resources

Over £500k Members

Budget Journals A Budget Journal is a transfer of a budget from one cost centre to another whilst retaining the original purpose for which the budget was approved.

Within the same Service area

Group Finance Manager

Across Service areas

Head of Service on advice of Group Manager

Any items that fall outside the above definitions must be referred to the Head of Business Management and Service Support for further clarification

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Contracts There are three categories of contracts:- Category A - Building construction and engineering works contracts (‘works contracts’) with an estimated value of over £1m, other contracts with an estimated value of over £500,000, and contracts that fall within the full provisions of the EU procurement regime (Works, Supplies and Part A Services). Category B - Works contracts with an estimated value of between £40,000 and £1m and all other contracts with an estimated value of between £40,000 and £500,000, and those that fall outside the full requirements of the EU procurement regime (Part B Residual Services). Category C- All other contracts or arrangements with an estimated value of less than £40,000. Inviting Contracts

Category A – By public advert

Authorise the Approved list

Executive Director

Waiver

Mayor and Cabinet

Category B – By public advert

Authorise Approved List

Executive Director

Waiver


Category C - No approved list or waiver required

Head of Service

Receipt of Contracts Category A

Chief Executive

Category B Executive Director

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Category C Head of Service

Opening Envelopes (At least two officers) Category A

Chief Executive or nominated officer and Officer approved by Executive Director for Resources/Head of Law

Category B Executive Director or nominated officer and Officer approved by Executive Director for Resources

Category C Two officers approved by Executive Director

Award of Contract Category A

Mayor and Cabinet

Category B (where the lowest price is not the most economically advantageous) £200k or more

Executive Director

Less than £200k Head of Service on advice of Head of Business Management and Service Support

Category B (Where the lowest price is the most economically advantageous) £200k or more

Head of Service on advice of Executive Director

Less than £200k

Executive Director or nominated officer with appropriate authorised spending level

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Category C

Head of Service

Contract Signing £200k or more

Sealed by Head of Law

Less than £200k Officer nominated by the appropriate Executive Director

Grants and Assistance to Voluntary Organisations Unless the law, the Constitution, or the Mayoral Scheme of Delegation requires otherwise, the following executive powers are delegated to the Chief Executive and to each Executive Director in relation to grants and assistance to voluntary organisations:-

(a) the power to make a grant or to give other assistance to a voluntary organisation within their area of responsibility, where the total value of the assistance in money or moneys worth does not exceed £10,000

Executive Director

(b) the power to reduce or withdraw a grant or other assistance, and the power to award a grant or give other assistance to a voluntary organisation (irrespective of the value of the grant or assistance) within their area of responsibility if the value of the change in grant is no more than 10% or £5,000, (whichever is the greater), than the grant awarded in the previous year.

Executive Director

Application for External Funding

Approval of any application for external

funding which is below £1 million with no

match funding implications. Note: All other applications must be approved by Members. Before submitting a report to Mayor and Cabinet to seek approval to bid for funding, an initial agreement to proceed must be sought from the Directorate Project Review Group or Corporate project Board as appropriate.

Relevant Executive Director or Executive Director Resources if cross-directorate.

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Subscriptions - affiliations to and payment of subscriptions to outside bodies up to a maximum of £25,000 per annum

Within own area of responsibility up to £5k

Head of Service

Above £5k up to £25k

Executive Director (or in their absence the Head of Service on advice of Head of Business Management and Service Support)

Bad Debt Write Off Recommendation of write-off of bad debts (excluding housing rents) to the Executive Director for Resources (up to £50,000) (£50,000 and over)

Executive Director/ Head of Business Management and Service Support

Write off of non land and building assets Write off up to £20,000

Heads of Service on advice of Group Finance Manager

Spot contracts for care for individual clients Note : the following limits are currently subject to review. Any amended limits will be lower/tighter than current ones. Services for Older Adults and younger adults with Physical Disabilities/long term illness

Residential Care Home Placements and Band 2 Nursing Home Placements

Service Managers

Very Sheltered Housing Placements

Service Manager, Older Adults

Domiciliary Care Packages over £200 per week

Relevant Service Manager

Domiciliary Care Packages of less than £200 per week

Operational Manager

Changes to care packages or placement following a review – same thresholds as above

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Community Occupational Therapy Services Adaptations or equipment from the standard list costing up to £500

Occupational Therapist

Specialist equipment costing up to £500 not on the standard list

Senior Occupational Therapist

Specialist or standard equipment costing between £500 - £1,000

Occupational Therapy Team leader

Adaptations costing between £500 - £1,000

Occupational Therapy Team leader

Major housing adaptations costing more than £1,000

Occupational Therapy team leader on advice of private sector housing/ strategic housing Manager

Equipment costing more than £1,000

Service Manager

Services for adults with mental health problems Residential placements or care packages costing more than £200 per week

Joint Community Mental Health Services Manager

Placements or care packages costing less than £200 per week Changes to care packages or placement following a review – same thresholds as above.

Community Mental Health Team Manager

Services for people with learning disabilities Residential placements or care packages costing more than £200 per week Placements or care packages costing less than £200 per week Changes to care packages or placement following a review – same thresholds as above.

Joint Commissioner AWLD Service Manager

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Integrated service provision Decisions relating to the integration of services under the provisions of the Health Act 1999 or other management arrangements where the value of the Council’s contribution does not exceed £500k per annum.

Executive Director Community Services

Changes to service delivery Decisions relating to the introduction of a new service or the cessation of a service where the value of the service concerned is or would be if introduced less than £500k per annum.

Head of Service

Fees and Charges Library Service Reservations Photocopying Faxes Local History postcards and books Withdrawn stock Open learning Centre: hire of pc’s. Hire of Halls/Rooms: Lewisham library Blackheath Village Library Charges for services which are currently free Library fines (overdue items, lost items, replacement tickets) Hire of halls/rooms at libraries: any deviation from, or change to existing policy for charges

Library Service Manager Head of service to apply charging policy to determine charges M&C M&C M&C

Community Centre Charges Apply charging policy in respect of: Evelyn Community Centre W G Grace Community Centre Heathside and Lethbridge Hall

Head of Neighbourhood and Community Development

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Hillcrest Clubroom Meadows Community Centre Pepys Tenants Hall Ravensbourne Community Centre Scotney Hall Sedgehill Community Centre Wells Park Hall Woodpecker Community Centre Deviation from, or change to existing policy for charges. Office Premises Rent subsidies to voluntary organisations in the following office premises Parker House 28 Deptford High Street 2 Catford Broadway 120 Rushey Green 308 Brownhill Road 2-4 Devonshire Road Saville Centre Ackroyd Community Centre Lewisham Irish centre Wesley Halls 299 Kirkdale 300 Stanstead Road 138 Lewisham Way 77 Watson Street

Members Head of Neighbourhood and Community Development

Community Use Agreements (e.g. Sports Lottery)

Sport and Leisure Manager

Broadway Theatre : Setting ticket prices within charging policy : Policy for hire charges

Theatre Manager Mayor & Cabinet

Leisure Centres Charges to continue to be dealt with by reference to the terms of agreement (previously approved by M&C). Any changes not in line with terms of agreement

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would therefore be submitted to members as a variation to the agreement.

Fees & Charges for Community and Adult Education

CEL Service Manager to apply charges within the charging policy

Any deviation from or change to existing policy for charges

M&C

Setting casual/seasonal rates of pay. EG Libraries, Sport and Active recreation.

Head of Service

Charges for use of day centres Service Manager

3. General

All non-executive functions not reserved to members, shall be delegated to the Chief Executive or such officer as he shall nominate in writing, unless there is a statutory requirement that the function be carried out by another officer, for example the personal statutory responsibilities of the Director of Children’s Services and the Director of Adult Services).

4. Exemptions The Mayoral Scheme of Delegation states that authority to exercise executive

functions and make executive decisions is delegated to officers, except where there is an exemption to the contrary. Where such an exemption exists, the general rule is that those decisions will be made by the Mayor individually, in consultation with his colleagues in the Executive. Officers should refer to the Mayoral Scheme of Delegation; to Section I and Table 1 for general exemptions and to Section K and Table 3 for exemptions specific to Community Services. Exemptions which may override delegated authority to officers to make decisions, as detailed in Section 2 of the Community Services Scheme of Delegation, are repeated below.

Any matter in which the officer who would otherwise have delegated authority to act is aware that a councillor (or a person, company or organization with which the councillor is involved) has a personal interest under the Council’s Member Code of Conduct. Any matter in which the officer who would otherwise have delegated authority to act has an actual or potential interest.

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Any matter which in the opinion of the Executive Director for Community Services, the Chief Executive or the Head of Law because of the scale of the decision, its potential impact, the sensitivity of the decision or for any other reason would more appropriately be dealt with by members.

Signed ________________________________ __________________ Aileen Buckton Executive Director for Community Services Date:

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The Directorate of Customer Services Scheme of Delegation

1. Purpose 1.1 The Customer Services Directorate Scheme of Delegation sets out the

post titles of those officers whom the Executive Director for Customer Services has nominated to take decisions on areas from the Council and Mayoral Schemes of Delegation where responsibility has been delegated to the Executive Director for Customer Services

1.2 This revised Scheme of Delegation comes into operation from 26

November 2009 and will remain in force until it is amended or revoked by the Executive Director for Customer Services or via changes to the Council and Mayoral Schemes of Delegation

1.3 The purpose of the Customer Services Directorate scheme of delegation

is to be clear about which officer has been nominated to make delegated decisions within this directorate.

1.4 The scheme is subject to the Council’s Constitution, the Council and

Mayoral Schemes of Delegation, Financial Regulations and Standing Orders.

1.5 Heads of Service will continue to be responsible for running their own

services and taking decisions in line with their service requirements unless specifically required in this scheme of delegation or determined by the Executive Director for Customer Services to seek other agreement.


taken directly by the Executive Director for Customer Services, in their absence they will nominate an appropriate officer/s to assume these responsibilities but unless otherwise notified the following nominations will apply:

• Directorate financial decisions – Head of Business Management and Service Support

• Acts under authority delegated to the Executive Director for Customer Services in his/her absence - Head of Business Management and Service Support (unless specifically delegated to a Head of Service)

• Contract matters – Head of Business Management and Service Support

1.7 Where the word ‘nominee’ is used the nomination is to be made by the

post holder referred to, in writing, and a record of all such nominations within the directorate must be kept in the directorate and be available for inspection at any time.

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nominated by him/her, the power will be exercised in a manner that decisions are not made in isolation and that the decision maker takes into account the broader corporate implications for the Council. If officers take key decisions, as defined in Article 16 of the Constitution of the London Borough of Lewisham, the law requires them to comply with the Local Authorities (Executive Arrangements)(Access to Information)(England) Regulations 2000. In addition, for key executive decisions which are to be taken by officers individually, the Chief Executive may, from time to time, put in place a procedure to ensure that officer decision making is exercised in a manner which reflects corporate considerations. Officers may only exercise delegated authority in relation to key executive decisions by complying with the procedures as stated in the Financial Regulations.

. 2. Scheme of Delegation Unless required otherwise by law, the Constitution, The Council and Mayoral Scheme of Delegation or this Scheme of Delegation, the Executive Director for Customer Services nominates the following post holders to make the decisions set out in the table below as listed. Mayoral Areas of Delegation

Area of delegation


Strategic oversight & monitoring of the overall directorate budget. Day to day control and monitoring of individual service budgets.

Head of Business Management and Service Support Budget holders

Budget Virements A Budget Virement is a transfer of a budget from the purposes for which Council originally voted in setting the budget and Council Tax to another purpose. Revenue Budget Virements Within the Directorate

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a) Up to £20k

Head of Service of advice of Group Finance Manager

b) Up to £100k

Head of Service on advice of Head of Business Management and Service Support

c) Up to £500k

Executive Director

Cross Directorate a) Up to £50k

Head of Business Management and Service Support on advice of Head of Service (and HOR CYP if it involves CYP)

b) Up to £500k


All revenue budget virements above these limits are reserved to Members 1.20.2 Capital Budget Virements (on the

Council’s Capital Programme)

Up to £500k


Over £500k

Members

Budget Adjustments A Budget Adjustment is a transfer of a budget from one cost centre to another whilst retaining the original purpose for which the budget was approved.

Within the same Service area

Group Finance Manager

Across Service areas

Head of Service

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Any items that fall outside the above definitions must be referred to the Head of Business Management and Service Support for further clarification.

Contracts There are three categories of contracts:- Category A - Building construction and engineering works contracts (‘works contracts’) with an estimated value of over £1m, other contracts with an estimated value of over £500,000, and contracts that fall within the full provisions of the EU procurement regime (Works, Supplies and Part A Services). Category B - Works contracts with an estimated value of between £40,000 and £1m and all other contracts with an estimated value of between £40,000 and £500,000, and those that fall outside the full requirements of the EU procurement regime (Part B Residual Services). Category C- All other contracts or arrangements with an estimated value of less than £40,000. Inviting Contracts Category A – By public advert Authorise the Approved list Waiver Category B – By public advert Authorise Approved List Waiver

Executive Director Mayor and Cabinet Executive Director Executive Director for Resources Head of Service

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Category C - No approved list or waiver required Receipt of Contracts Category A Category B Category C Opening Envelopes (At least two officers) Category A Category B Category C Award of Contract Category A Category B (where the lowest price is not the most economically advantageous) £200k or more Less than £200k

Chief Executive Executive Director Head of Service Chief Executive or nominated officer and Officer approved by Executive Director for Resources/Head of Law Executive Director or nominated officer and Officer approved by Executive Director for Resources Two officers approved by Executive Director Mayor and Cabinet Executive Director Head of Service on advice of Head of Business Management Service Support

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Category B (Where the lowest price is the most economically advantageous) £200k or more Less than £200k Category C Contract Signing £200k or more Less than £200k

Executive Director Executive Director or nominated officer with appropriate authorised spending level Head of Service Sealed by Head of Law Officer nominated by the Executive Director

Grants and Assistance to Voluntary Organisations Unless the law, the Constitution, or the Mayoral Scheme of Delegation requires otherwise, the following executive powers are delegated to the Chief Executive and to each Executive Director in relation to grants and assistance to voluntary organisations :-


Executive Director

(b) the power to reduce or withdraw a grant or other assistance, and the power to award a grant or give other assistance to a voluntary organisation (irrespective of the value of the grant or assistance) within their area of responsibility if the value of the change in grant is no more than 10% or £5,000, (whichever is the greater), than the grant awarded in the previous year.

Executive Director

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Application for External Funding Approval of any application for external funding which is below £1 million with no match funding implications. Note: All other applications must be approved by Members. Before submitting a report to Mayor and Cabinet to seek approval to bid for funding, an initial agreement to proceed must be sought from the Directorate Project Review Group or Corporate project Board as appropriate.

Executive Director on advice of Head of Business Management and Service Support.

Parking Control

Executive Director of Customer Services

Subscriptions - affiliations to and payment of subscriptions to outside bodies up to a maximum of £25,000 per annum. a) Within own area of responsibility up to £5k b) Above £5k up to £25k

Head of Service Executive Director (or in their absence the Head of Business Management and Service Support)

Bad Debt Write Off Recommendation for write-off of bad debts (excluding housing rents) to the Executive Director for Resources (up to £50,000) or the Mayor (£50,000 and over) Write off of Housing rent debts up to £10,000

Head of Business Management and Service Support (see Resources Scheme of Delegation) Executive Director or the Executive Director for Resources

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Heads of Service on advice of Group Finance Manager.

Housing - the housing management function shall include but not be limited to;

• the maintenance and management of all land and property held by the Council for housing purposes;

• the provision of garden, open spaces and land for housing purposes,

• decisions in relation to the right to buy under the Housing Act 1985 (or other relevant legislation in force from time to time, (but not decisions relating to market value and sale prices which are delegated to the Executive Director Regeneration),

• responsibility for the management of the Housing Revenue Account and other revenue resources ensuring effective financial control of resources and the achievement of value for money, subject always to the approval of the Executive Director Resources in relation to decisions about the allocation of funds and expenditure to the Housing Revenue Account and General Fund.

• dealings with housing associations, save to the extent that such decisions relate to housing development or capital schemes, which are delegated to the Executive Director Resources.

• responsibility for setting charges for heat, light and power to Council properties served by a communal supply in accordance with policies approved by the Mayor.

Head of Strategic Housing Head of Strategic Housing Head of Strategic Housing Head of Business Management and Service Support Head of Strategic Housing Head of Business Management and Service Support

Housing – the housing function shall include but not be limited to;

• housing strategy and development,

• housing need and homelessness including private sector housing, housing partnerships and

• environmental health (housing).

Head of Strategic Housing

Revenues & Benefits - all executive functions Head of Public Services

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relating to the administration of revenues and benefits (Council Tax, NNDR and Housing Benefits), its one stop shop service, call centre services and cashiers.

Registration of births, deaths and marriages

Head of Public Services

Business Continuity - Responsibility for the corporate emergency planning and business continuity functions

Head of Public Services

Business and Regulatory Services – The business and regulatory services functions shall include but not be limited to: Building Control, Licensing

Head of Strategic Housing

Environment - The Environment function shall include, but not be limited to: Environmental Matters, Consumer Protection, Trading Standards, Environmental Health, Environmental Enforcement Public Health, Food Safety, Health and Safety, Burial and Cremation, Refuse, Waste Management, Parks and Community Services, Community Hygiene, Animal Welfare Pest Control, Street Trading, Fleet Services and Passenger Transport

Head of Environment

Housing Benefit Overpayments Applications for judgement

Overpayments Manager

Employment Matters All employment matters relating to the Directorate, including recruitment, appointments, pay, pensions, disciplinary, grievance, trades union negotiations and reorganisations involving less than 200 staff

Relevant Heads of Service

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Council (Non-Executive) Areas of Delegation

Area of delegation


Non-Executive Building Control matters: Authority to deal with all non-executive building control functions under existing and future relevant legislation, and as amended from time to time, including (without limitation) the Acts set out in the schedule of delegation in relation to non-Executive Building Control matters, save for those local choice functions reserved to the Executive and those matters reserved to the planning committees A, B or C or the strategic planning committee. This includes by way of example but not limitation: - • Determining applications, (or declining to determine applications where applicable), for building control approval. • Issuing enforcement notices, and other similar notices and questionnaires • Issuing notices and orders in relation to building control • Using the powers contained within legislation to gain entry to premises for the purpose of carrying out surveys and establishing whether there has been a breach of legislation including applying to the magistrates’ court for a warrant of entry • Carrying out any other regulatory enforcement functions and building control contained in legislation in force from time to time • Authorising the Head of Law to take any legal action which may be appropriate which relates to any function of the Executive Director including the taking or defending of legal proceedings and entering into legal agreements as may be required • Removal of nuisance deposits on the highway • Dealing with applications for street works licences

Service Group Manager – Private Sector Housing and Regulatory Services

Non-executive Licensing matters from Licensing (Supplementary)Committee: Authority to exercise all of the Council’s licensing and registration functions under all existing and future relevant legislation, and as amended from time to time, including (without limitation) the Acts set out in the Schedule of Delegation from the

Service Group Manager – Private Sector Housing and Regulatory Services

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Licensing (Supplementary) Committee, save for those local choice functions reserved to the Executive and those matters reserved to the Licensing Committee and save for any licensing functions under the Licensing Act 2003. Nothing in this schedule prevents the Licensing (Supplementary) Committee exercising functions within their terms of reference.

Non-Executive Licensing Matters Delegated by the Licensing Committee To the Executive Director for Customer Services or such officer as he/she may nominate authority to exercise all of the Council’s licensing functions under the Licensing Act 2003, as amended from time to time, save for those matters reserved to the Licensing Committee or sub-committees. The functions to be reserved to the Licensing Committee, sub-committees and those to be delegated to officers are as follows:

Matter to be dealt with

Licensing Committee

Licensing Sub-Committee

Officers


Any matter which the Head of Regulatory Services considers to be more appropriate for consideration by the main Committee


If no objection Made – Licensing Manager

Application for Premises Licence / Club Premises Certificate

As above

If a relevant representation made

If no relevant representation made – Licensing Manager

Application for Provisional Statement




Application to vary Premises Licence / Club Premises

As above



Application to vary Designated Premises


If a Police objection

All other cases – Licensing

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Supervisor Services considers to be more appropriate for consideration by the main Committee

Manager

Request to be removed as Designated Premises Supervisor

As above

All other cases – Licensing Manager

Application for transfer of Premises Licence




Application for Interim Authorities

As above



Decision on whether a complaint is irrelevant frivolous, vexatious etc



Please refer to the Council Scheme of Delegation for all other matters reserved to the Licensing Committee and Licensing Sub-Committee. General All non-executive functions not reserved to Members, shall be delegated to the Chief Executive or such officer as he shall nominate in writing, unless there is a statutory requirement that the function be carried out by another officer, for example the personal statutory responsibilities of the Director of Children’s Services and the Director of Adult Services). 3. Exemptions The Mayoral Scheme of Delegation states that authority to exercise executive functions and make executive decisions is delegated to officers, except where there is an exemption to the contrary. Where such an exemption exists, the general rule is that those decisions will be made by the Mayor individually, in consultation with his colleagues in the Executive. Officers should refer to the Mayoral Scheme of Delegation; to Section I and Table 1 for general exemptions and to Section L and Table 4 for exemptions specific to Customer Services. Exemptions which may override delegated authority to officers to make

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decisions, as detailed in Section 2 of the Customer Services Scheme of Delegation, are repeated below.

1. Any matter in which the officer who would otherwise have delegated authority to act is aware that a councillor (or a person, company or organization with which the councillor is involved) has a personal interest under the Council’s Member Code of Conduct.

2. Any matter in which the officer who would otherwise have delegated

authority to act has an actual or potential interest. 3. Any matter which in the opinion of the Executive Director for Customer

Services, the Chief Executive or the Head of Law because of the scale of the decision, its potential impact, the sensitivity of the decision or for any other reason would more appropriately be dealt with by members.

Signed

____________________________ ____________________ [ ]

Date Executive Director for Customer Services

The Directorate for Resources Scheme of Delegation

1. Purpose

1.1 The Resources Directorate scheme of delegation sets out the post titles of those officers whom the Executive Director for Resources has nominated to take decisions on areas from the Mayoral Scheme of Delegation where responsibility has been delegated to the Executive Director for Resources.

1.2 This Scheme of Delegation comes into operation from 26 November 2009

and will remain in force until it is amended or revoked by the Executive Director for Resources or via changes to the Mayoral Scheme of Delegation.

1.3 The purpose of the Resources Directorate scheme of delegation is to be

clear about which officer has been nominated to make delegated decisions within this directorate.

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1.4 The scheme is subject to the Council’s Constitution, the Mayoral Scheme

of Delegation, Financial Regulations and Contract Procedure Rules.

1.5 Heads of Service will continue to be responsible for running their own services and taking decisions in line with their service requirements unless specifically required in this scheme of delegation or determined by the Executive Director for Resources to seek other agreement.


taken directly by the Executive Director for Resources or the Head of Law, in their absence they will nominate an appropriate officer/s to assume these responsibilities but unless otherwise notified the following nominations will apply:

• Council-wide Section 151 financial decisions – Head of Business Management and Service Support deputy S151 officer

• Planning – Head of Planning in relation to all Town & Country planning matters

• Property & Programme matters – Director of Programme Management & Property.

• Legal decisions – Head of Law or Deputy Monitoring Officer/Principal Lawyers as appropriately nominated by the Head of Law

• Corporate Personnel/Human Resources decisions - Head of Personnel and Development

1.7 Where the word ‘nominee’ is used, the nomination is to be made by the

post holder referred to, in writing, and a record of all such nominations within the directorate must be kept in the directorate and be available for inspection at any time.


nominated by him/her under this Scheme of Delegation, the power will be exercised in a manner that decisions are not made in isolation and that the decision maker takes into account the broader corporate implications for the Council. If officers take key decisions, as defined in Article 16 of the Constitution of the London Borough of Lewisham, the law requires them to comply with the Local Authorities (Executive Arrangements)(Access to Information)(England) Regulations 2000. In addition, for key executive decisions which are to be taken by officers individually, the Chief Executive may, from time to time, put in place a procedure to ensure that officer decision making is exercised in a manner which reflects corporate considerations. Officers may only exercise delegated authority in relation to key executive decisions by complying with the procedures as stated in the Financial Regulations.

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Delegations Unless required otherwise by law, the Constitution, the Council and Mayoral Scheme of Delegation or this Scheme of Delegation, the Executive Director for Resources nominates the following post holders to make the decisions set out in the table below as listed.

Area of delegation

Officer with delegated authority or their nominee

Day to day control and regulation of the Council's finances. Overall co-ordination of council wide revenue and capital budget monitoring. Council wide accounting policies. Strategic oversight and monitoring of the overall directorate budget. Day to day control and monitoring of individual service budgets.

Executive Director for Resources Head of Business Management and Service Support as deputy S151 officer Head of Business Management and Service Support Head of Business Management and Service Support Budget holders

Budget Virements A Budget Virement is a transfer of a budget from the purposes for which Council originally voted in setting the budget and Council Tax to another purpose. Revenue Budget Virements Within the Directorate a) Up to £20k

Head of Service on advice of Group Finance Manager

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b) Up to £100k c) Up to £500k Cross Directorate a) Up to £50k b) Up to £500k All budget virements above these limits are reserved to Members 1.20.3 Capital Budget Virements (on the

Council’s Capital Programme) Up to £500k Over £500k Budget Adjustments A Budget Adjustment is a transfer of a budget from one cost centre to another whilst retaining the original purpose for which the budget was approved. Within the same Service area Across Service areas Any items that fall outside the above definitions must be referred to the Head of Business

Head of Service on advice of Head of Business Management and Service Support Executive Director Head of Service (and Head of Resources for CYP virements).on advice of Head of Business Management and Service Support Executive Director for Resources Executive Director for Resources Members Group Finance Manager Head of Service on advice of Group Manager

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Management and Service Support for further clarification

Contracts There are three categories of contracts:- Category A - Building construction and engineering works contracts (‘works contracts’) with an estimated value of over £1m, other contracts with an estimated value of over £500,000, and contracts that fall within the full provisions of the EU procurement regime (Works, Supplies and Part A Services). Category B - Works contracts with an estimated value of between £40,000 and £1m and all other contracts with an estimated value of between £40,000 and £500,000, and those that fall outside the full requirements of the EU procurement regime (Part B Residual Services). Category C- All other contracts or arrangements with an estimated value of less than £40,000. Inviting Contracts Category A – By public advert Authorise the Approved list Waiver Category B – By public advert Authorise Approved List Waiver Category C - No approved list or waiver required Receipt of Contracts Category A

Executive Director on advice of Head of Law Mayor and Cabinet Executive Director Executive Director for Resources Head of Service Chief Executive

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Category B Category C Opening Envelopes (At least two officers must be present) Category A Category B Category C Award of Contract Category A Category B (where the lowest price is not the most economically advantageous) £200k or more Less than £200k Category B (where the lowest price is most economically advantageous)

Executive Director Head of Service Chief Executive or nominated officer and Officer approved by Executive Director for Resources/Head of Law Executive Director or nominated officer and Officer approved by Executive Director for Resources Two officers approved by Executive Director Mayor and Cabinet Executive Director Head of Service on advice of Head of Business Management Service Support

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£200k or more Less than £200k Category C Contract Signing £200k or more Less than £200k

Head of Service Sealed by Head of Law Officer nominated by the Executive Director

Capital Finance Regulations To make decisions to earmark the proceeds of sale from asset disposals for expenditure on in/out schemes under the Local Authorities (Capital Finance) Regulations 1997 as amended, including (without limitation) regeneration projects and replacement of asset schemes subject to the approval of the schemes themselves having previously been approved by the Executive or the Executive Director for Resources under delegated powers.


Insurance arrangements Power to agree insurance arrangements where either (a) the value of the premium payable does not exceed £2.5 million or (b) the renewal premium payable does not exceed the last year's premium by more than 10%

Executive Director for Resources Executive Director for Resources

Energy contracts Power to award energy and water contracts for up to three years, provided that


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a) the additional cost of green electricity over brown does not exceed 5% per unit, or

b) the price per unit has not increased by more than 50% in the last year

Treasury Management. In so far as they are executive decisions, matters delegated to the Executive Director for Resources in accordance with the Council's Treasury Management Strategy from time to time.

Head of Business Management and Support Services or Group Manager Capital and Treasury

Grants and Assistance to Voluntary Organisations Unless the law, the Constitution, or the Mayoral Scheme of Delegation requires otherwise, the following executive powers are delegated to the Chief Executive and to each Executive Director in relation to grants and assistance to voluntary organisations:-


Executive Director

(b) the power to reduce or withdraw a grant or other assistance, and the power to award a grant or give other assistance to a voluntary organisation (irrespective of the value of the grant or assistance) within their area of responsibility if the cash value of the change in grant is no more than 10% or £5,000, (whichever is the greater), than the grant awarded in the previous year.

Executive Director

Application for External Funding Approval of any application for external funding which is below £1 million with no match funding implications. Note: All other applications must be approved by

Executive Director for Resources or Head of Business Management and Support Services

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Members. Before submitting a report to Mayor and Cabinet to seek approval to bid for funding, an initial agreement to proceed must be sought from the Directorate Project Review Group or Corporate project Board as appropriate.

Subscriptions - affiliations to and payment of subscriptions to outside bodies up to a maximum of £25,000 per annum. Within own area of responsibility up to £5k Above £5k up to £25k

Head of Service Executive Director for Resources

Bad Debt Write Off Unless the law, the Constitution, or the Mayoral Scheme of Delegation require otherwise, the following executive powers are delegated to the officers in relation to bad debt:- Save in relation to housing rent arrears, the Executive Director for Resources has delegated authority to write off bad debt up to £50,000. However if debts of the person or organisation to that total have been written off by the Council in the previous three years, the decision shall not be delegated to the Executive Director for Resources. In such cases the power is reserved to members. Authority is delegated to both the Executive Director for Customer Services and the Executive Director for Resources to write off bad debt in relation to housing rent arrears up to £10,000. Above that threshold, the authority to write off bad debt in respect of housing rent arrears may only be exercised by members. Recommendation of write-off of bad debts to the Executive Director for Resources.

Executive Director for Resources Executive Directors for Customer Services and Resources in relation to bad debt on rent arrears up to £10,000. Head of Business Management and Service Support


Head of Service on advice

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of Head of Business Management and Service Support

Employment Matters In so far as employment matters are delegated to the Executive Director for Resources and not reserved to members. 1)All matters relating to employment procedures and processes other than the following items: a)JNC matters b)matters relating to posts above PO9 c)the award/maintenance of market supplements

Head of Personnel and Development. Chief Executive and/or Executive Director for Resources

Bidding for External Work Decisions about whether the Council should bid for, and if successful, perform work or provide services to external bodies is delegated to the Chief Executive, to the extent that the proposed contract would relate to executive functions. Before exercising this function, the Chief Executive must first consult with the Head of Law and Executive Director for Resources. However, where the estimated value of the work exceeds £1 million per year, or £3 million in total whichever is the smaller, the Chief Executive shall not exercise this delegated power.

Chief Executive/ Executive Director for Resources/Head of Law

Delegation to the Head of Law a) The Head of Law has delegated authority to initiate, conduct and defend all proceedings brought by or against the Council in any court, Tribunal or Arbitration b) The Head of Law has delegated authority to settle proceedings for up to £500,000 subject to budgetary provision being available if she is of the opinion that it would be in the interests of the Council to do so. c) The Head of Law has delegated authority to settle proceedings up to £1 million if she is satisfied that it is in the interests of the Council to

Head of Law Head of Law Head of Law

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do so, has consulted with the Executive Director for Resources and she agrees with the terms of the proposed settlement. Decisions to settle proceedings for a sum above £1 million shall be taken by the Mayor. d) The Head of Law has delegated authority to act as the proper officer for those purposes listed in Table 6 of the Mayoral Scheme of Delegation

Head of Law

Urban Regeneration - The urban regeneration function shall include but not be limited to: a) Urban regeneration (in so far as initiatives do

not fall within the remit of another Executive Director).

b) The management and implementation of urban

regeneration initiatives including single regeneration schemes and housing regeneration schemes which have been approved by the executive including management of the housing investment programme and other capital programmes and resources ensuring effective financial control of resources and achievement of value for money, subject always to the approval of the Executive Director for Resources in relation to decisions about the allocation of funds and expenditure.

c) The provision & estate management of

travellers’ sites. d) Responsibility for matters relating to housing

associations to the extent that such decisions relate to housing development and capital schemes.

Director of Programme Management & Property

Planning and Economic Development – The Planning and Economic Development functions shall include but not be limited to: a) Town Planning and Economic Development. b)The encouragement and development of

Head of Planning

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employment and training opportunities and facilities.

Transport - The Transport function shall include, but not be limited to: Traffic Management and Regulation, Highways, Transport Planning, promotion of new projects and initiatives relating to the service area.

Director of Programme Management and Property

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PROPERTY A) ACQUISITIONS The acquisition of freehold and/or leasehold interest in land and property or other interest in land including the payment of Home Loss and Disturbance Payments, subject to the necessary financial provision having been made and agreement by Asset Management Board and where the estimated capital value of the property does not exceed £500,000. Authority for the Council to take leases, licences, tenancies, wayleaves or easements (including renewal) of land and property subject to agreement by Asset Management Board where the estimated value does not exceed £50,000 p.a.

Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee

B) MANAGEMENT In relation to all properties save dwelling houses let on secure tenancies, to take the following actions, provided where applicable, that the necessary financial provision has been made.

1) The grant (including renewal) of leases, licences or tenancies of all Council owned land and property for a rental or licence fee reflecting market value

Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee

. 2) The grant (including renewal) of wayleaves or easements over or affecting Council owned land and property, including licences of advertisement hoardings.

3) The approval of rent or fee reviews of leases, licences, tenancies, wayleaves or easements granted or held by the Council.

Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee

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4) The alteration or waiver of terms and conditions of leases, licences, tenancies, wayleaves or easements granted or held by the Council.

5) The approval of terms for the waiver, variation or amendment of covenants in transfer documents including those in respect of properties sold under the Right to Buy. 6) The approval of the terms for the assignment, subletting, surrender or operation of a break clause of any lease, licence, tenancies, wayleaves or easements granted or held by the Council in any land or property. 7) The approval of the terms for the settlement of any claim for dilapidations or other breaches of covenants in respect of land and property granted or held etc subject to necessary financial provision.

8) The authorisation of service of notices under all legislation relating to Council land ownership 9) The instigation of court proceedings for the recovery of all monies owing to the Council and possession of land and property, including authorisation of the enforcement of a Court Order for Possession. 10) The authorisation of the levying of distress against occupants of land and property in arrears where the Executive Director for Regeneration is of the opinion that it is appropriate to do so

Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee Director of Programme Management and Property (or his nominee) on advice of Head of Law or her nominee

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1.20.4 C) Declaring Property Surplus 1) Upon being advised by the Executive Director for the Directorate using a property that it is surplus to the requirements of that Directorate, the Executive Director for Resources may, following consultation with other Directorates as to any alternative use for the property, and having first informed the ward members in which the property is situated, declare the property surplus to corporate requirements and authorise its disposal, if no alternative use is identified by Directorates, provided that the estimated disposal value of the property does not exceed £500,000. 2) If a property no longer required for use by a Directorate is required for an alternative use, the Executive Director for Resources, having first informed ward members for the ward in which the property is situated, may authorise its appropriation to the new use and the book value at the time of change of use, for capital charge purposes 3) If in the view of the Executive Director for Resources, a property ought to be disposed of notwithstanding a proposed alternative use, the matter shall be referred to the Executive for decision, ward members having first been informed as above.

Executive Director for Resources or Director of Programme Management & Property in his/her absence. Executive Director for Resources or Director of Programme Management & Property in his/her absence. Executive Director for Resources or Director of Programme Management & Property in his/her absence.

1.21 D) DISPOSAL A Disposal is defined as the sale of the Council’s freehold interest or the grant of a lease exceeding 7 years in length in consideration of a premium and/or ground rent. Disposals will be effected in such a way to ensure that the Council receives the best consideration reasonably obtainable and in accordance with the Property Disposal Procedures approved by the Executive from time to time. Any proposed disposal at less than the best consideration reasonably obtainable will be referred to the Executive for approval. All disposals will be subject to any necessary Ministerial Consents being obtained.

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1) Following the decision to dispose, the approval of the terms for the disposal, of land or property which has previously been declared surplus to requirements and approved for disposal either by the Executive or by the Executive Director for Resources acting under delegated authority, where the sale is by way of formal or informal tender or public auction and the estimated value or agreed sale price does not exceed £500,000. 2) The decision to dispose, and the approval of the terms for the disposal, of land or property which has previously been declared surplus to requirements and approved for disposal either by the Executive or by the Executive Director for Resources acting under delegated authority, where the sale is by way of private treaty or to a special purchaser. 3) The disposal of residential dwellings and agreement of sale terms where there is a legal obligation on the Council to sell where the sale price does not exceed £500,000.

4)The approval of terms for the disposal of mortgage repossession properties, subject to the other relevant provisions of this paragraph (d).

5)The approval of terms for the disposal of vacant land and property in charge to the Council, subject to the other relevant provisions of this paragraph (d).

6)The approval of the terms for the disposal of any residual freehold interest in a block/building to all leaseholders jointly, subject to all other relevant provisions of this paragraph (d). This is also subject all units having previously been sold and subject to the purchasers Solicitors confirming that suitable arrangements will be entered into by all parties regulating the future management of the whole block/building.

Director of Programme Management & Property on advice of the Head of Law or their nominee Director of Programme Management & Property on advice of the Head of Law or their nominee where the estimated value or agreed sale price does not exceed £500,000. Director of Programme Management & Property on advice of the Head of Law or their nominee Director of Programme Management & Property on advice of the Head of Law or their nominee Director of Programme Management & Property on advice of the Head of Law or their nominee Director of Programme Management & Property on advice of the Head of Law or their nominee

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7)Authority to take such action as is necessary in accordance with agreed procedures concerning the disposal of land or property.

8)The approval of the terms for the assignment, subletting, surrender or operation of any break clause of any lease, licence, tenancies, wayleaves or easements granted or held by the Council in any land or property which has been declared surplus to requirements.

Director of Programme Management & Property on advice of the Head of Law or their nominee Director of Programme Management & Property on advice of the Head of Law or their nominee

E) Capital Finance Regulations

The Executive Director of Resources and Regeneration will take decisions to earmark the proceeds of sale from asset disposals for expenditure on in/out schemes under the Local Authorities (Capital Finance and accounting) England Regulations 2003 as amended, including (without limitation) regeneration projects and replacement of asset schemes subject to the approval of the schemes themselves having previously been approved.


(F) Property - General a) In accordance with the provisions of Part IV I of the constitution, authority to sign property related documentation for or on behalf of the Council in relation to all powers delegated by this Scheme of Delegation save for documents to be entered into by way of deed. b) Authority to agree terms and enter into agreements for any matter of a minor or urgent nature affecting land or property either owned or leased by the Council. c) Authority to undertake and sign valuations for statutory or other Council purposes. d) The submission of planning applications.

a) Head of Law/Director of Programme Management & Property or his nominee b) Director of Programme Management & Property or his nominee c) Director of Programme Management & Property or his nominee d) Director of Programme Management & Property or

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e) To approve the terms of such other agreements or transactions as may be in the best interests of the Council of a minor or urgent nature f) To take such actions and incur such expenditure as is necessary to ensure the proper management of council owned property.

his nominee e) Director of Programme Management & Property or his nominee f) Director of Programme Management & Property or his nominee

Employment Matters All employment matters relating to the Directorate, including recruitment, appointments, pay, pensions, disciplinary, grievance, trades union negotiations and reorganisations involving less than 200 staff.

Head of Service

Council (Non-Executive) Areas of Delegation

Area of delegation


Non-executive Planning and Highways Matters Authority to deal with all town and country planning, development control, high hedges and highway and road traffic functions under all existing and future relevant legislation, and as amended from time to time, including (without limitation) the Acts set out in the Schedule below, save for those local choice functions reserved to the Executive and those matters reserved to the planning committees A, B or C or the strategic planning committee. This includes by way of example but not limitation: - • Determining applications, (or declining to determine applications where applicable), for planning permission, advertisement consent, listed buildings and conservation area consent, certificates of lawfulness or lawful development, works to trees, hazardous substances, environmental impact assessment screening and scoping opinions, decisions in respect of the prior approval procedure for telecommunication development.

Head of Planning Head of Planning

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• Issuing planning contravention notices, breach of condition notices, enforcement notices, stop notices, temporary stop notices, untidy land notices and other similar notices and questionnaires. • Making and confirming tree preservation orders and enforcing their provisions. • Taking action in relation to unauthorised advertisements, placards or posters. • Entering into agreements to regulate the development or use of land (including the approval of the detailed terms for inclusion in such agreements whether the agreement is to be entered into under delegated authority or following a resolution of members). • Approving the details of conditions to be imposed on planning permissions (whether the permission is to be granted under delegated authority or following resolution to grant by members). • Utilising the powers contained within planning, high hedges and highways legislation to gain entry to premises for the purpose of carrying out surveys and establishing whether there has been a breach of legislation including applying to the magistrates’ court for a warrant of entry. • Carrying out any other regulatory enforcement functions contained in town and country planning, high hedges, road traffic or highways legislation in force from time to time. • Authorising the Head of Law to take any legal action which may be appropriate which relates to any function of the Executive Director including the taking or defending of legal proceedings and entering into legal agreements as may be required in relation to the following:-. • Creating, diverting and stopping up footpaths, highways and bridleways

Head of Planning Head of Planning Head of Planning Head of Planning Head of Planning Head of Planning Head of Planning Head of Planning Director of Programme Management & Property or his nominee

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• The making and enforcement of road traffic regulation and highways orders. • Dealing with applications for street works licences • Exercise of non-executive powers under local legislation (including without limitation, names of streets under Sections 5 and 6 London Building Acts (Amendment) Act 1939). • Exercise of powers under Part 8 of the Anti-social Behaviour Act 2003 in relation to high hedges Please refer to the Council’s Scheme of Delegation for Schedule (non-exhaustive) of relevant statutes (in so far as they relate to non-executive highways and planning matters. Nothing in this Schedule of Delegation prevents any Planning Committee or the Strategic Planning Committee exercising any function within their terms of reference. The Committee may from time to time delegate to officers such functions as it considers appropriate.

Director of Programme Management & Property Director of Programme Management & Property Director of Programme Management & Property Director of Programme Management & Property

Exemptions The Mayoral Scheme of Delegation states that authority to exercise executive functions and make executive decisions is delegated to officers, except where there is an exemption to the contrary. Where such an exemption exists, the general rule is that those decisions will be made by the Mayor individually, in consultation with his colleagues in the Executive. Officers should refer to the Mayoral Scheme of Delegation; to Section I and Table 1 for general exemptions, and to Section M and Table 5 for exemptions specific to the Resources Directorate. Exemptions which may override delegated authority to officers to make decisions, as detailed in Section 2 of the Resources Directorate of Delegation, are repeated below.

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Any matter in which the officer who would otherwise have delegated authority to act is aware that a councillor (or a person, company or organization with which the councillor is involved) has a personal interest under the Council’s Member Code of Conduct. Any matter in which the officer who would otherwise have delegated authority to act has an actual or potential interest.

Signed ___________________________________ Janet Senior Executive Director for Resources Date:

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Appendix 1

1. CONTRACTS To approve tender strategy in relation to the setting of contracts, and all decisions relating to the contract letting process including approval of tender process, specification, shortlist if any, invitation to tender and contract documentation, as well as decisions about whether to award and if so to whom, contract monitoring and approval of clienting arrangements. Notwithstanding this delegatory, the Mayor may at any time exercise any of these functions alone. 2. GRANTS Decisions relating to the giving or withdrawal of grants and/or other financial assistance to voluntary organisations, including: - decisions relating to the criteria for such grant/assistance; - consideration of applications for grant/assistance, and all decisions in

relation to them; - the monitoring of performance of voluntary organisations in receipt of

grant/other assistance; - all decisions relating to the granting withdrawal or reduction of

funds/assistance to voluntary organisations. 3. PROPERTY Where in the opinion of the Head of Law, a property transaction is integral to a contractual arrangement to be considered by Mayor and Cabinet (Contracts), Mayor and Cabinet (Contracts) shall have delegated authority to make all decisions about the disposal of property associated with the contractual matter under consideration by them (including whether to dispose, and the terms of any such disposal). 4. Notwithstanding these delegations, the Mayor may at any time exercise any of these functions alone. Attention is drawn to the delegation to officers set out in Paragraph R of this Scheme of Delegation. Notwithstanding the contents of that paragraph, the Executive acting collectively, or the Mayor alone may exercise any of those delegated functions at any time.

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Appendix 2

EDUCATION APPEALS PANELS Terms of Reference To consider appeals from parents or carers in accordance with the Code of Practice on School Admission Appeals produced by the DfES; and separately on Permanent Exclusion Appeals. Composition Each panel must consist of three members (non-councillors) at least one of whom must be a lay member (someone who has not worked in a school in any paid capacity). For admission appeals there must be at least one panel member who is experienced in education matters. For exclusion appeals the Chair must be a lay member, and the panel must also consist of one governor and one head teacher.

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Appendix 3 CHILDREN’S SOCIAL CARE REPRESENTATIONS PANEL Constitution The Panel consists of up to three people, none of whom are employees of the Council. The Panel will consist of an independent chair, a Councillor representative and a third independent person. The councillor representative will be drawn from the membership of the Children and Young Persons Select Committee. Terms of Reference 1. To implement the provisions of Section 7b of the Local Authority Social

Services Act 1970 (as amended) and the regulations issued thereunder.

• To consider representations (including any complaints) made by or on behalf of a qualifying individual with respect to the discharge of the

Council's Social Services functions or any failure to discharge those functions.

Representations will include inquiries about the availability and comments on the delivery and nature of services and will not necessarily be critical.

• A person is a qualifying individual if: - a local authority a power or a duty to provide or secure

the provision of, a social service for him and

- if his need or possible need for such a service has (by whatever means) come to the attention of the authority.

● Complaints and representations will be presented to the Panel in accordance with the Directorate's complaints and representations procedure.

2. To implement the provisions of Section 26 of the Children Act 1989 and the Representations Procedure (Children) Regulations 1991. ● To consider representations (including any complaints) made by:

- any child who is being looked after by the local authority or who is not being looked after by them but is in need;

- a parent of his

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- any person who is not a parent of his but who has parental responsibility for him

- any local authority foster parent - such other person as the authority consider has a sufficient interest in

the child's welfare to warrant his representations being considered by them about the discharge by the authority of any of their functions in relation to the child

- those children to whom the local authority owes continuing functions

pursuant to the Children (Leaving Care) Act 2000.

● Complaints and representations will be presented to the Panel in accordance with the Directorate's complaints and representations procedure.

CHILDREN’S SOCIAL CARE FOSTERING PANEL Constitution No more than ten Members in all to include: - as Chair: a senior member of the Fostering Service with no day to day management responsibility for the assessment of foster parents OR

- a person independent of the fostering service with appropriate skills or experience to chair the Panel and

- two social workers within the employment of the Foster Service:

• one social worker with child care expertise

• one social worker with fostering expertise and

- at least one elected Member and - at least four other independent members at least one of whom is or

within the previous two years has been a foster parent for another foster service provider.

All members of the Fostering Panel shall hold office for a term not exceeding three years in accordance with the Fostering Services Regulations 2000.

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Quorum At least five members including the Chair/Vice-chair, one social worker employed by the Fostering Service and at least two of the independent members. Terms of Reference To consider each application for approval as a foster parent and to recommend whether or not a person is suitable to act as a foster parent. - Where it recommends approval of an application, to recommend the terms on which the approval is to be given. - To recommend whether or not a person remains suitable to

act as a foster parent and whether or not the terms of his approval remain appropriate.

i. on the first review and ii. on the occasion of any other review when requested to do so by the fostering service provider.

- To consider any case referred to it in the event that the fostering service provider does not consider that a person is suitable to act as the foster parent or

- To consider any case referred to it in circumstances where a

fostering service provide is no longer satisfied that the foster parent and his household continue to be suitable to act as foster parents and the foster parents wish to make representations upon the matter.

The Fostering Panel shall also:

a) advise on the procedures under which reviews in accordance with Regulation 29 of the Fostering Services Regulations 2000 are carried out by the fostering service provider and periodically monitor their effectiveness, b) to oversee the conduct of assessments carried out by the foster service provider and c) to give advice and make recommendations on such other matters or cases as the fostering service provider may refer to it.

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Substitute

ADOPTION AND PERMANENCE PANEL Constitution: In accordance with the Adoption Agencies Regulations 2005 (as amended) by the Adoption Agencies (Panel and Consequential Amendments) Regulations 201, Lewisham will maintain a list of persons who are considered by it to be suitable to be members of an adoption panel (“the central list”), including:—

(a) two social workers who have at least three years’ relevant post-

qualifying experience, and (b) at least three independent members including at least two with

relevant personal experience (c) at least one medical advisor (d) a person able to fulfill the role of independent chair (e) one or two persons capable of fulfilling the role of chair in the

absence of the chair ( vice – chairs) (e) an Agency Advisor (f) two roles are left to the discretion of the agency.

A person who is included in the central list may at any time ask to be removed from the central list by giving one month’s notice in writing.

The central list should be reflective of the community and include the views of a variety of ethnic backgrounds, and the views of single adoptions, disable people and lesbian, gay and bisexual adoptions. Where the adoption agency is of the opinion that a person included in the central list is unsuitable or unable to remain in the list the agency may remove that person’s name from the list by giving them one month’s notice in writing with reasons. Quorum

From the list, to conduct business, one or more Adoption Panels may be

constituted, to include as a minimum :

1. An independent Chair OR Vice-Chair

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2. Four other members including at least one of the social workers and

independent members. Frequency of Meetings Panels must meet frequently, at least once a month, and on short notice if necessary. Elected members There is no requirement to have an elected member, but the Council may appoint an elected member to sit on the Panel to represent the Corporate Parent. Experience and expertise The adoption agency must ensure that an adoption panel has sufficient members, and that individual members have between them the experience and expertise necessary to effectively discharge the functions of the panel. Terms of Reference The role of the panel is to consider and make recommendations to the Agency Decision-Maker about:-

• whether a prospective adopter is suitable to be an adoptive parent;

• whether a prospective adopter would be a suitable parent for a particular child;

• whether to rescind any of the above recommendations;

• where the parents agree to adoption, whether a child should be placed for adoption.

The agency may present a ‘brief report’ to the panel for advice when issues have arisen e.g. health matters, which may affect the applicant’s suitability to adopt. The panel also considers:

• Some other permanence plans, including Special Guardianship, for children who are of an age where adoption should be considered. e.g. 6 years and under.

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APPENDIX 1

Exempt & Confidential Information

(Schedule 12A of the Local Government Act 1972)

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APPENDIX 1 – (Schedule 12A of the Local Government Act 1972)

ACCESS TO INFORMATION: EXEMPT INFORMATION

PART 1

DESCRIPTION OF EXEMPT INFORMATION: ENGLAND 1. Information relating to any individual.

2. Information which is likely to reveal the identity of an individual.

3. Information relating to the financial or business affairs of any particular

person (including the authority holding that information).

4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

5. Information in respect of which claim to legal professional privilege could

be maintained in legal proceedings.

6. Information which reveals that the authority proposes:

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

7. Information relating to any action taken or to be taken in connection with

the prevention, investigation or prosecution of crime.

PART 2

QUALIFICATIONS: ENGLAND

8. Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under:

(a) the Companies Act (as defined in Section 2 of the Companies Act

2006);

(b) the Friendly Societies Act 1974;

(c) the Friendly Societies Act 1992;

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(d) the Industrial and Provident Societies Acts 1965 to 1978;

(e) the Building Societies Act 1986; or

(f) the Charities Act 2011.

9. Information is not exempt information if it relates to proposed development

for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992.

10. Information which:

(a) falls within any paragraphs 1 to 7 above; and

(b) is not prevented from being exempt by virtue of paragraph 8 or 9 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest maintaining the exemption outweighs the public interest in disclosing the information.

PART 3

INTERPRETATION: ENGLAND

11. (1) In Parts 1 and 2 and this Part of this Schedule: “employee” means a person employed under a contract of service; “financial or business affairs” includes contemplated, as well as past or current, activities; “Labour relations matter” means: (a) any of the matters specified in paragraph (a) to (g) of section 218(1)

of the Trade Union and Labour Relations (Consolidation) Act 1992 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

(b) any dispute abut a matter falling within paragraph (a) above; and

for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to

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office-holders under the authority as they apply in relation to employees of the authority;

“office-holder”, in relation to the authority, means the holder of any paid

office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

“registered” in relation to information required to be registered under the

Building Societies Act 1986, means recorded in the public file of any building society (within the meaning of that Act).

(2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the

authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference:

(a) in the case of a principal council, to any committee or sub-committee of

the council; and (b) in the case of a committee, to: (i) any constituent principal council; (ii) any other principal council by which appointments are made to the

committee or whose functions the committee discharges; and (iii) any other committee or sub-committee of a principal council falling

within sub-paragraph (i) or (ii) above; and (c) in the case of a sub-committee, to: (i) the committee, or any of the committees, of which it is a sub-

committee, and (ii) any principal council which falls within paragraph (b) above in

relation to that committee.

PARTS 4, 5 AND 6 APPLY ONLY IN WALES

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APPENDIX 2

Petition Scheme

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APPENDIX 2

LONDON BOROUGH OF LEWISHAM PETITION SCHEME

1. INTRODUCTION 1.1 The Council welcomes petitions and recognises that petitions are one way in which people can let us know their concerns. All petitions sent or presented to the Council will receive an acknowledgement from the Council within 14 days of receipt. This acknowledgement will set out what we plan to do with the petition. Paper petitions can be sent to :- The Head of Governance Support, Town Hall, Catford, SE6 4RU Or be created, signed and submitted on line by following this link http://consult.lewisham.gov.uk/portal/petitions 1.2 Petitions can also be presented to a meeting of the Council. These meetings usually take place eight times a year. Dates and times can be found here [insert link]. If you would like to present your petition to the Council, or would like your Councillor to present it on your behalf, please contact the Head of Governance Support on 0208 3149327 at least 5 working days before the meeting and they will talk you through the process. 2. WHAT ARE THE GUIDELINES FOR SUBMITTING A PETITION ? 2.1 Petitions submitted to the Council must include:- • A clear and concise statement covering the subject of the petition. It should state what action the petitioners would like the Council to take. • The name, address and signature of any person supporting the petition. 2.2 Petitions should be accompanied by contact details, including an address for the petition organiser. This is the person we will contact to explain how we will respond to the petition. The contact details of the petition organiser will not be placed on the Council’s website. If the petition does not identify a petition organiser, we will contact signatories to the petition to agree who should act as the petition organiser.

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2.3 Petitions which are considered to be vexatious, abusive or otherwise inappropriate will not be accepted. If a petition does not follow the guidelines set out above, the Council may decide not to do anything further with it. In that case we will write to you to explain the reasons. 3. WHAT WILL THE COUNCIL DO WHEN IT RECEIVES MY PETITION? 3.1 We will send an acknowledgement to the petition organiser within 14 days of receiving the petition. It will let them know what we plan to do with the petition and when they can expect to hear from us again. It will also be published on our website. 3.2 If the Council can do what your petition asks for, the acknowledgement may confirm that we have taken the action requested and the petition will be closed. If the petition has enough signatures to trigger a Council debate, or a senior officer giving evidence, then the acknowledgement will confirm this and tell you when and where the meeting will take place. If the petition needs more investigation, we will tell you the steps we plan to take. 3.3 If the petition applies to a planning or licensing application, is a statutory petition (for example requesting a referendum on having an elected Mayor), or on a matter where there is already an existing right of appeal such as Council Tax banding and non domestic rates, other procedures apply. If you require information on any of these matters you should in the first instance contact the Head of Governance Support, London Borough of Lewisham, Town Hall, Catford SE6 4RU [0208 3419327 [email protected]]. 3.4 We will not take any action on any petition which we consider to be vexatious, abusive or otherwise inappropriate and will explain the reasons for this in our acknowledgement of the petition. 3.5 To ensure that people know what we are doing in response to the petitions we receive, the details of all the petitions submitted to us will be published on our website except in cases where this would be inappropriate. Whenever possible we will also publish all correspondence relating to the petition (with personal details removed). When you sign an e-petition you can elect to receive this information by email. We will not send you anything which is not relevant to the e- petition you have signed unless you request it.

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4. HOW WILL THE COUNCIL RESPOND TO PETITIONS? 4.1 Our response to a petition will depend on what a petition asks for and how many people have signed it but may include one or more of the following:- 4.2 • Taking the action requested in the petition • Considering the petition at a Council meeting • Holding an enquiry into the matter • Undertaking research into the matter • Holding a public meeting • Holding a consultation • Holding a meeting with petitioners • Referring the petition for consideration by a relevant Council Overview and Scrutiny Select Committee * or Business Panel ** • Writing to the petition organiser setting out our views about the request in question 4.3 * Overview and Scrutiny Select Committees are Committees of councillors who are responsible for scrutinising the work of the Council – in other words they have the power to hold the Council’s decision makers to account. 4.4 ** Business Panels are Committees of councillors consisting mainly of the Chairs and Vice Chairs of Overview and Scrutiny Select Committees. They have the power to hold Council decision makers to account where the issue is within the remit of more than one Select Committee. 4.5 In addition to these steps the Council will consider other specific actions it may be able to take on the issues highlighted in a petition. 4.6 If your petition is about something over which the Council has no direct control (for example the local railway or hospital) we will aim to make representations on behalf of the community to the relevant body. The Council works with a large number of local partners [insert link to list of LAA Partners] and where possible will work with these partners to respond to your petition. If we are not able to do this for any reason (for example if what the petition calls for conflicts with Council policy), then we will set out the reasons for this to you. You can find more information on the services for which the Council is responsible here [insert link]. 4.7 If your petition is about something that a different Council is responsible for, we will give consideration to what the best method is for responding to it. It might consist of simply forwarding the petition to the other Council,

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but could involve other steps. In any event we will always notify you of the action we have taken. 5. FULL COUNCIL DEBATES 5.1 If a petition contains more than [8,000] signatures it will be debated by the full Council unless it is a petition asking for a senior council officer to give evidence at a public meeting. This means that the issue raised in the petition will be discussed at a meeting which all councillors can attend. The petition organiser will be given 5 minutes to present the petition at the meeting and the petition will then be discussed by councillors for a maximum of 15 minutes. The Council will decide how to respond to the petition at this meeting. If it within their remit, the Council may decide to take the action the petition requests, not to take the action requested for reasons put forward in the debate or to commission further investigation into the matter, for example by a relevant committee. If the matter relates to a decision which it is for the Mayor to make, then the Council may ask the Mayor to consider the matter or commission further investigation into the matter, for example by the relevant Overview and Scrutiny Select Committee. The petition organiser will receive written confirmation of this decision. This confirmation will also be published on the Council’s website. 6. OFFICER EVIDENCE 6.1 Your petition may ask for a senior Council officer to give evidence at a public meeting about something for which the officer is responsible as part of their job. For example your petition may ask a senior Council officer to explain progress on an issue or to explain the advice given to elected members to enable them to make a particular decision. 6.2 If your petition contains at least [4,000] signatures the relevant senior

officer will give evidence at a public meeting of the relevant Overview and Scrutiny Select Committee. If the subject matter of the petition falls within the remit of more than 1 Overview and Scrutiny Select Committee, the senior officer will give evidence at a public meeting of the Council’s Business Panel. A list of the senior staff that can be called to give evidence can be found here [insert link]. You should be aware that the Overview and Scrutiny Select Committee or Business Panel may decide that it would be more appropriate from another officer on that list to give evidence instead of any officer named in the petition – for instance if the named officer has changed jobs. Committee members will ask the questions at this meeting but you will be able to suggest questions to the Chair of the Select Committee/Business Panel by contacting [insert details] up to 5 working days before the meeting.

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7. E-PETITIONS 7.1 The Council welcomes e-petitions which are created and submitted through our website [insert link]. E-petitions must follow the same guidelines as paper petitions [link to guidelines]. The petition organiser will need to provide us with their name, postal address, post code and email address. You will also need to decide how long you would like your petition to be open for signatures. Most petitions run for 6 months but you can choose a shorter or longer timeframe, up to a maximum of 12 months. 7.2 When you create an e-petition, it may take 10 working days before it is published online. This is because we have to check that the content of your petition is suitable before it is made available for signature. However we will make every effort to ensure that your petition is published as soon as possible. 7.3 If we feel we cannot publish your petition for some reason, we will contact you within this time to explain. You will be able to change and re-submit your petition if you wish. If you do not do this within 14 days, a summary of the petition and the reason why it has not been accepted will be published under the “Rejected Petitions” section of the website. 7.4 When an e-petition has closed for signature, it will automatically be

submitted to [The Head of Governance Support]. In the same way as a paper petition you will receive an acknowledgement within 14 days. If you would like to present your e-petition to a meeting of the Council please contact [The Head of Governance Support] (details above) within 5 days of the petition closing. A petition acknowledgement and response will be emailed to everyone who has signed the e-petition and elected to receive this information. The acknowledgement and response will also be published on this website.

8. HOW DO I SIGN AN E-PETITION? 8.1 You can see all the e-petitions currently available for signature here http://consult.lewisham.gov.uk/portal/petitions 8.2 When you sign an e-petition you will be asked to provide your name, address, post code and a valid email address. When you have submitted this information you will be sent an email to the email address you have provided. This email will include a link which you must click on in order to confirm the email address is valid. Once this step is complete your “signature” will be added to the petition. People

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visiting the e-petition will be able to see your name in the list of those who have signed it but your contact details will not be visible. 9. WHAT CAN I DO IF I FEEL MY PETITION HAS NOT BEEN DEALT WITH PROPERLY? 9.1 If you feel that we have not dealt with your petition properly, the petition organiser has the right to request that the Council’s relevant Overview and Scrutiny Committee/Business Panel review the steps that the Council has taken in response to your petition. The Select Committee/Business Panel will consider your request within 30 days of receiving it. Should the Select Committee/Business Panel determine we have not dealt with your petition adequately it may use any of its powers to deal with the matter. These powers include instigating an investigation, making recommendation to the Council’s Mayor and Cabinet and/or arranging for the matter to be considered at a meeting of the full Council. 9.2 Once the appeal has been considered, the petition organiser will be informed of the results within 7 days. The results of the review will also be published on our website.

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Appendix 2

CONSTITUTION WORKING PARTY

Report Title CONSTITUTIONAL UPDATE

Key Decision N/A

Ward All


Class Part 1

Date 06 Sept 2012

1 Summary 1.1 This report proposes amendments to the Council’s Constitution to

reflect changes to the law brought in by new legislation and seeks the views of the Working party on those proposals.

2 Purpose 2.1 The purpose of the report is to ensure that the Council’s Constitution

complies with the law and enables the effective conduct of Council business.

3 Recommendation 3.1 That the Constitution Working Party:-

(1) consider the proposed amendments contained in Appendix 1 and decide whether to approve them for recommendation to full Council. (2) take a view on whether the Council’s Petition Scheme is to remain in place, be amended in some way or be discontinued (3) note that a report on special responsibility allowances, particularly in relation to the Chairs of Strategic Planning and Standards Committees will be brought to Council on 26th September 2012 (4) note that further constitutional changes are likely as a result of further expected legislation in the near future.

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4 Background 4.1 Since its introduction in 2002, the Council’s Constitution has been

under regular review to reflect changes in Council practice and amendments to legislation. However the introduction of the Localism Act 2011 has made significant changes to local government law including new provisions for overview and scrutiny, Council Tax referendums, a new member Code of Conduct and terms of reference for Standards Committee, the community right to challenge and neighbourhood planning, the introduction of an annual pay policy as well as provisions relating to assets of community value.

4.2 Some of these changes have already been reported to Council and amendments have been made to the Council’s Constitution to reflect them. Others remain to be dealt with as their full impact has only been given expression in regulations very recently published.

4.3 Changes to the Constitution are now proposed to reflect the provisions contained within Schedule 2 Localism Act 2011, (which amends the Local Government Act 2000 in relation to governance issues,) and regulations made under those new provisions.

4.4 Attached at Appendix 2 is a paper (without its detailed appendices) which was considered at the last meeting of the CWP summarising some of the changes anticipated then to be implemented shortly. That paper also referred to the Health and Social Care Act 2012, the establishment of a Health and Wellbeing Board and the transfer of public health functions to the Council with effect from April 2013. So far as possible the changes on the way in 2013 are anticipated in the draft appearing at Appendix 1 as have all other proposals for change.

5 Proposed amendments 5.1 Members are referred to Appendix 1 for the proposed changes in

detail. though it is acknowledged that the proposed amended Constitution is a lengthy document so a summary of the main proposals for amendment follows:-

Part I - Summary 5.2 References to the Health and Wellbeing Board, (HWB) to the role of

the Director of Public Health and to the requirement for an annual pay policy are included

Part II – Articles 5.3 Any decision relating to a referendum is reserved to Council – Article

4.2 (y)

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5.4 The terms of the Healthier Communities Select Committee reflects the anticipated new public health role for the Council and HWB - Article 6.6. References in that article to the Patient Involvement Network have been replaced by references to Healthwatch.

5.5 Referrals to overview and scrutiny by individual members are no longer referred to as “councillor call for action” Art 6.7 (h) and throughout, though in accordance with new regulations, the procedure for dealing with referrals is set out in detail at Part E post.

5.6 In the current Constitution, the Mayor is required to give one month’s

notice on change of executive members, including the Deputy Mayor, but this is inconsistent with the provision that changes to the Mayoral scheme of delegation (under which the Executive is appointed) which states that changes are effected immediately the Mayor gives notice to the proper officer and the proper officer gives notice to councillors. On election, and at the beginning of a new administration the existing provision – Article 7.6 and 7.7 – is not practical. Amendment is therefore proposed as in the attached draft.

5.7 Changes are needed to the terms of reference of the strategic planning committee to give it power to deal with matters relating to local planning in so far as they are not reserved to Council. - Article 9.1

5.8 The terms of reference of the Elections Committee currently contain

elements that are the personal responsibility of the Electoral Registration Officer and/or the Returning Officer. Those elements should not have been included before and have been removed. The key tasks of reviewing performance is included. Article 9.1

5.9 Inclusion of Director of Public Health as statutory officer – Art 14.3 5.10 With effect from April 2013, the HWB is to be recognised as a

Committee of the Council – Article 9.4 (new). The terms of reference reflect the statutory role of the HWB from April next year.

5.11 The Head of Paid Service is to consider dispensations from political restriction. This represents a change in the law – Art 14.4 (f)

5.12 There are changes to the role of the Monitoring Officer in relation to complaints of breach of the Member Code – Art 14.5. This provision reflects the approval of the new Member Code and procedure for handling complaints of breach which were before Council in June 2012.

5.13 The proposal for the amendment of the value of a contract that is a key decision from £200,000 to £500,000 matches the threshold for other key decisions. - Article 16 c xxiii

Part III – Local Choice – no change save

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5.14 Decisions relating to Local Area Agreements have been removed from this section because they have been abolished

Part IV – Rules of Procedure and Standing Orders A Purpose 5.15 No change B Councillors 5.16 Declaration of interests – a change is proposed to paragraph12 to

reflect the new Member Code of Conduct C Council Procedure Rules

5.17 Questions by public – At the moment, questions raised by councillors

and those raised by the public are handled differently. Though there is a thirty minute limit on both, the procedure for dealing with members’ questions was amended so that where a several questions are received from councillors, councillors are asked to prioritise their questions. Then all first preference questions are dealt with before moving on to second preference, all of which are dealt with before moving on to third preferences etc. This ensures that the largest number of members have the opportunity to ask at least one supplementary question and the thirty minutes allocated is not taken over by questions from few people. It is proposed that it would be advisable to rationalise the procedure for members and public questions and therefore a proposed amendment to this effect is contained at para 13.

5.18 Motions – There is a procedural inconsistency in paragraph 16.11 as currently drafted so an amendment is proposed to delete the words “upon which any further amendment may be moved” from the end of the paragraph. The Appendix reflects the amended wording.

D Executive Procedure Rules

5.19 Conflicts of interest – the amendment at para 9 reflects the provisions

of the new Code of Conduct

5.20 Quorum – This is dealt with at paragraph 12. It currently states the quorum is 3 for executive meetings, unless the Mayor and Deputy Mayor are not present, when the quorum is 5. Officers believe that the current wording is less than clear and does not adequately express what was the Council’s intention, namely that the quorum should be 5 unless either the Mayor or Deputy Mayor are present. The amended wording reflects this.

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E Overview and Scrutiny Procedure Rules 5.21 This part has been rewritten to reflect new regulations applying to

overview and scrutiny referrals by members and the duties of executive /council/partners to respond. CWP should pay particular attention to these paragraphs. There is no change to proposals for call in or for policy development or for holding officers to account. The rules relating to overview and scrutiny of crime and disorder matters are set out more specifically The overview and scrutiny of health remains with the Healthier Communities Select Committee, with a section devoted to it.

5.22 There is currently a consultation paper on proposed changes to the

scrutiny of health which may result in further changes to the Constitution if the law in that respect changes. In the meantime the existing law prevails.

5.23 Co-option – the Localism Act provides for Councils to be able to choose to have voting co-optees on overview and scrutiny bodies, provided that it has first adopted a co-option scheme. Lewisham currently does not have voting co-optees on overview and scrutiny bodies. Those education representatives on the Children and Young People Select Committee and Education Business Panel are there as of right by law and Lewisham is bound to appoint them. Paragraph 4 provides that Lewisham will not appoint any other voting co-optees without a co-option scheme in place.

5.24 A new paragraph has been inserted to provide that voting co-optees

and the education representatives on Education Business Panel and CYP Select Committee or other body may not chair those bodies.

F Budget and Policy Framework Rules 5.25 The only changes proposed reflect the need to hold a referendum if

the Council proposes a budget which does not comply with the Secretary of State’s principles – para 3(j).

G Access to information Procedure Rules

5.26 No changes are proposed at this stage. Enquiries of the Department

for Communities and Local Government confirm that new regulations are to be issued shortly. If they have any impact on the Council then the Council will need to consider changes to this section when they are received.

H Employment Procedure Rules

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5.27 No changes are proposed – these are current statutory provisions though the Secretary of State has regulation making powers, for example in relation to political assistants.

I Contract Procedure Rules 5.28 There are a number of changes proposed. They are largely technical.

Key changes include the following. 5.29 The community right to challenge is provided for at para 4.1, 4.2 and

4.3. 5.30 The contents of the Contracts Register are dealt with at para 7. 5.31 The provisions relating to the use of frameworks and public sector

consortia contracts are refined at paragraph 9.1.2. 5.32 Concession contracts are dealt with at paragraph 9.2 5.33 The requirement to obtain a quotation from a local contractor for certain

contracts is dealt with at 9.3 5.34 Practical difficulties arising from electronic auctions are dealt with by an

amendment to paragraph 14.1.3 J Committee General Rules 5.35 The only changes proposed currently are removal of references to

special provisions relating to Standards Committee e.g. at paras 1,4,5 and 7 as the legal basis for those provisions has been abolished.

5.36 Paragraph 8 is amended to acknowledge that members may attend

meetings under Standing Orders unless they have a disclosable pecuniary interest.

5.37 The Chair of Standards Committee is proposed to be exempt from the

prohibition on members holding more than one chair. 5.38 Members should note that it is likely that the proceedings of the HWB,

even though to be a committee of the Council from April 2013, may well have special exemptions from the rules applying to the general conduct of committee business. That may need attention in future.

K Financial regulations 5.39 No change proposed at this stage. Part V - Ethics

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5.40 The terms of reference of Standards Committee were agreed at the June Council meeting as was the Member Code of Conduct. They will be included here with the current employee code of conduct in the report to Council.

Part VI – Members’ Allowances’ 5.41 The current scheme including the amendment for carers’ allowance

was agreed at the last Council meeting. 5.42 It has been noted that the Chair of the Strategic Planning Committee

does not receive an SRA under the scheme. In practice this has not raised any problem as the Chair of the Strategic Planning Committee has been the Chair of one of the other Planning Committees or a Select Committee, and there is a prohibition on members being paid more than one special responsibility allowance. However it is proposed that this be rectified, as were this not to be the case, there would be no legal basis to pay an SRA to the Chair of Strategic Planning. This was clearly not the intention.

5.43 Until June this year the Chair of the Standards Committee was an

independent member. At this time the law changed prohibiting this. As an independent chair, the former Chair of the Standards Committee received a co-optee’s allowance. The Chair now is an elected member and if he is to receive an allowance for this special responsibility it must be included in the Council’s Scheme for Members’ Allowances.

5.44 Members would need to decide whether to pay those special

allowances and if so how much they should be. This will be a matter before them at Council on 26th September.

5.45 If Council agrees changes in respect of those allowances, they need to

be included in the Scheme which ought to be advertised and appended to the amended Constitution at Part VI.

Part VII – Council Structure Chart 5.46 An up to date structure chart will be included here for the report to

Council Part VIII Schemes of Delegation 5.47 There are some proposals to change both the Council and Mayoral

Scheme of Delegation. The change to the Council scheme of delegation relates to local planning and reserves to members all non-executive functions in relation to neighbourhood planning i.e. officers would not have delegated powers in this area unless the Strategic Planning Committee specifically gives them such powers. – See matters reserved to planning committees.

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5.48 Parallel delegations will be suggested to the Mayor but these are a matter to be decided by him directly.

Petition scheme 5.49 Attached to the Constitution is the Council’s Petition Scheme. The

requirement to have such a scheme which was contained in the Local Democracy, Economic Development and Construction Act 2009 has been repealed by the Localism Act. Members may wish to decide whether they wish to keep the scheme at all, amended or in its current form. It has so far not been called in to use. Under the scheme, a Council debate can be triggered by 8000 signatures and officers can be called to give evidence if 4000 signatures are received. Members may wish to consider whether there are already ways in which the Council can deal with petitions without this scheme particularly in the light of the new proposals in relation to overview and scrutiny references, which appear more detailed than has previously been the case.

6 Legal implications 6.1 As set out in the report the changes proposed in the attached Appendix

1 reflect the amendments to the LGA 2000 introduced by the Localism Act 2011 and a range of regulations made under the amended legislation. They also reflect the Health and Social Care Act 2012 and its new role for Councils in relation to public health and health scrutiny taking effect from April 2013.

6.2 It is also clear that there are more regulations on the way, not least in

respect of health scrutiny and assets of community value. It is likely therefore that there will be more changes to the Constitution needed to keep pace with those changes in due course. Since the drafting of the proposed changes appearing in Appendix 1 new regulations relating to access to information have been received from CLG. These are the subject of a separate report on the agenda where changes to part G of the Constitution will also be proposed for full Council.

6.3 Constitutions must contain those matters set out in the LGA 2000 as

amended and Directions issued by the Secretary of State. The Head of Law advises that the constitution, if amended as proposed would cover all the necessary elements.

6.4 In deciding on the contents of the Constitution, members must have

regard to the requirement for transparency and efficiency and accountability in decision making.

6.5 Changes to the Constitution can only be effected by full Council and

once agreed the Constitution must be available for public inspection. The existing Constitution provides for the Constitution Working Party to advise the Council on amendments to the Constitution. The draft

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appearing at Appendix 1 is being considered by the CWP on 6th September and will, subject to their comments be submitted to the Council for approval.

6.6 There are no specific human rights implications arising. 6.7 The Equality Act 2010 (the Act) introduced a new public sector equality

duty (the equality duty or the duty), replacing the separate duties relating to race, disability and gender equality with effect from 6 April 2011. The new duty covers the following nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.


regard to the need to: • eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. • advance equality of opportunity between people who share a protected characteristic and those who do not. • foster good relations between people who share a protected characteristic and those who do not.



6.10 The Equality and Human Rights Commission issued guides in January 2011 providing an overview of the new equality duty, including the general equality duty, the specific duties and who they apply to. The guides cover what public authorities should do to meet the duty. This includes steps that are legally required, as well as recommended actions. The guides were based on the then draft specific duties so are no longer fully up-to-date, although regard may still be had to them until the revised guides are produced. The guides do not have legal standing unlike the statutory Code of Practice on the public sector equality duty, However, that Code has not yet been published. The guides can be found at: http://www.equalityhumanrights.com/advice-and-guidance/public-sector-duties/new-public-sector-equality-duty-guidance/

7 Financial implications

There are no financial implications arising from this report. 8 Equalities implications

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The amended constitution contains provisions for the overview and scrutiny of equalities issues as now, and for all reports to contain an analysis of relevant considerations including equalities as appropriate

9 Crime and Disorder implications

Members’ attention is drawn to the specific provisions in Appendix 1 which set out more clearly the process for the overview and scrutiny of crime and disorder issues.

10 Background papers

Localism Act 2011 and regulations made under it Report to Constitution Working Party 6th June 2012. For further details contact Kath Nicholson 0208 314 7648

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Appendix 3

CONSTITUTION WORKING PARTY

Report Title ACCESS TO INFORMATION REGULATIONS

Key Decision N/A

Ward All


Class Part 1

Date 6 Sept 2012

1 Summary

This report informs members about changes to the law relating to access to information which become effective on 10th September this year and will require changes to the Council’s constitution and practice.

2. The purpose

This report should enable CWP to advise the Council on the changes necessary to reflect the new law.

3. Recommendation Members are asked to note the new legislation and agree that changes to the Constitution be made to reflect it as set out in Appendix 1.

4. Background 4.1 The general principles relating to access to information affecting local

government are set out in the Local Government Act 1972. In brief, these provisions cover such matters as the requirement for meetings to be in public unless confidential or exempt information is likely to be disclosed, the requirement for 5 clear days notice to be given and for reports to be available during that period; provisions relating to urgency; the keeping of records and background papers.

4.2 After the introduction of the Local Government Act 2000, additional regulations applying to executive arrangements were introduced (SI 2000/3272; SI2002/716;SI 2006/69.) (the old regulations) These regulations are being repealed with effect from 10th September when new regulations - The Local Authorities (Executive Arrangements)

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(Meetings and Access to Information (England) Regulations 2012 (SI 2012/2089) - will apply.

5. Private meetings 5.1 The old regulations provide for the executive to meet in private:-

• If it is meeting to take a decision which is not a key decision,

• in the presence of an officer to consider a matter in respect of which a key decision will not be made within 28 days

5.2 Under the old regulations meetings to discuss decisions which are not

key, or where a key decision will not be made until at least 28 days later, or where a political advisor/assistant is present need not be in public. In practice these exemptions have been little used in Lewisham.

5.3 A meeting in the presence of officers solely for the purposes of briefing on matters connected with a decision does not qualify as a meeting under the old regulations (see Reg 5 SI 2002/716)

5.4 Under the new regulations the executive will be required to meet in

public except where very tightly drawn criteria are met. Those criteria are that confidential or exempt information is likely to be disclosed or the exclusion of the public is necessary to maintain orderly conduct. Meetings of the executive not fulfilling these criteria must be in public and all other meetings would be classified as private meetings. (Reg 4(2)). There is no definition of a meeting as there was in previous legislation. Neither is there any exemption for briefing meetings or meetings in the presence of political assistants/advisors.

6 Procedure prior to private meetings 6.1 The procedure is as follows:-

• 28 clear days notice of intention to hold a private meeting including reasons why it is in private. This reasoning would have to comply with Reg 4(2) above.

• At least 5 clear days notice of intention to hold a meeting in private including reasons, details of any representations about why it should be public and a statement of the Council’s response.

• There are urgency provisions if the Chair of Overview and Scrutiny (in his absence, the Chair) agrees that the matter cannot reasonably be deferred. If he agrees, then notice must be given as soon as reasonably practicable

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setting out the reasons why the decision cannot reasonably be deferred.

6.2 This procedure would apply to all pink agendas. The circumstances

defined in Reg 4(2) require all meetings of a “decision making body” to be public unless there is a ground for privacy. These are defined as the executive, a committee/sub committee of it; a joint committee or area committee exercising executive functions.

7 Key decisions 7.1 Both the old and the new regulations provide for key decisions to be

defined (those affecting two wards or considered “significant”). 8 Forward Plan / Publicising key decisions 8.1 The old regulations provide for those key decisions to be included in a

forward plan covering a four month period to be published monthly. The contents of the forward plan are prescribed by the old regulations. Matters not included in the forward plan may only be considered if the provisions relating to urgency are met. Provided the Chair of Overview and Scrutiny has been given written notice which is made publicly available for at least 5 days prior to the decision, the decision may still be taken. Where it is not possible to give the 5 days notice, the decision may still be taken if the Chair of Overview and Scrutiny agrees that the decision is urgent and cannot reasonably be deferred.

8.2 Under the new regulations the requirement for a forward plan covering

4 months is abolished. Instead the Council must publish a document setting out defined information (defined in the regulations but a little different from the Forward Plan) and that must be available for at least 28 clear days at the Town Hall and on the website. There are urgency provisions as before with 5 days notice. However under the new regs, the notice given to the Chair of Overview and Scrutiny Committee in urgent circumstances must also be available to the public and put on the website including reasons why it was not possible to comply with the usual requirements. There are similar special urgency provisions if it is not possible to comply with the 5 day notice with the consent of the Chair of Overview and Scrutiny that the matter is urgent and cannot reasonably be deferred and notice with reasons is published to that effect.

9 Procedure prior to public meetings

No change is proposed to the notice requirements. 10 Reporting on public meetings. 10.1 Under the new regulations reasonable facilities must be afforded, so far

as is reasonably practicable, to any person attending the meeting for

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the purposes of reporting the proceedings. This is broader than the current reporting requirements which relate just to the press. However the regulations (Reg 20) also provide that a decision making body need not permit the taking of any photographs of any proceedings or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later) or the making of any oral report on any proceedings as they take place. In practice this seems to be little different from the current situation.

10.2 Under the new regulations there is a duty imposed on Councils to

provide to newspapers requesting it, a copy of the agenda for a public meeting, other particulars necessary to indicate the nature of the business and any other documents supplied to the executive as the proper officer thinks fit, subject to payment of transmission charges.

11 Access to documents 11.1 By the public - After executive decisions have been made whether by

the exec or an individual member or officer, the records and papers must be available with a copy of the background papers for public inspection at the Town Hall and on the website.

11.2 By members generally– members are to have a right to any document

in the possession of the Executive containing material relating to any business to be transacted at a public meeting, at least 5 clear days before the meeting. Documents containing material relating to a decision by an individual officer/member or at a private meeting must be available to all members within 24 hours of the meeting concluding or the decision being made. There are exceptions for certain confidential/exempt information and the advice of a political advisor.

11.3 By overview and scrutiny members – Members of the Overview and

Scrutiny Committee are entitled to documents relating to any business transacted at any meeting of the executive or by an individual officer/member (irrespective of whether public or private meeting or if it contains a political advisor’s advice) as soon as reasonably practicable but in any event within 10 days. O and S members are entitled to documents containing exempt/confidential information if they relate to a matter they are scrutinising or to a review they are conducting as part of a programme of work. If the overview and scrutiny member is refused a document, they must be given written reasons.

11.4 A person with custody of a document who without reasonable excuse

prevents a person so entitled having access to it or refuses to supply a copy commits an offence and may incur a fine up to level 1.

12 Public right to comment

The public may reproduce documents given to them under the access to information provisions by the Council and have a right to comment

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on them in public media. Publication of any defamatory material in documents supplied by the Council is subject to qualified privilege. Breach of copyright is not authorised by the Regulations, but there will be none if the owner of the copyright is the Council.

13 Record of decisions

Once executive decisions are made a record will have to be available, no matter whether it was made by the exec, a committee or subcommittee or individual officer or member. This will need to contain not only the record but the reasons for the decision, details of options considered and rejected, a record of conflicts of interest declared and any dispensation in respect of the conflict of interest.

14 Conclusion

Formally, the Constitution and practice will clearly need to change. Procedures for transparency before private meetings, and the tight definition of when a private meeting is permissible, are likely to mean bureaucratic requirements which must be followed if a challenge of procedural irregularity is to be avoided. Thought the regulations come into effect on 10th September, there is no transitional provision. We need to comply from that date.

15 Legal implications

These regulations will be effective from 10 September, and full Council should be asked to amend the constitution to reflect them at the earliest opportunity.

16 Financial implications None 17 Equalities implications 17.1 The Equality Act 2010 (the Act) brings together all previous equality

legislation in England, Scotland and Wales. The Act includes a new public sector equality duty (the equality duty or the duty), replacing the separate duties relating to race, disability and gender equality. The duty covers the following nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.


regard to the need to:

• eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.

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• advance equality of opportunity between people who share a protected characteristic and those who do not.

• foster good relations between people who share a protected characteristic and those who do not.



17.4 The Equality and Human Rights Commission (EHRC) issued guides in January 2011 providing an overview of the new equality duty, including the general equality duty, the specific duties and who they apply to. The guides cover what public authorities should do to meet the duty. This includes steps that are legally required, as well as recommended actions. The guides were based on the then draft specific duties so are no longer fully up-to-date, although regard may still be had to them until the revised guides are produced. The guides can be found at: http://www.equalityhumanrights.com/advice-and-guidance/public-sector-duties/new-public-sector-equality-duty-guidance/

17.5 The EHRC guides do not have legal standing, unlike the statutory Code of Practice on the public sector equality duty, which was due to be produced by the EHRC under the Act. However, the Government has now stated that no further statutory codes under the Act will be approved. The EHRC has indicated that it will issue the draft code on the public sector equality duty as a non statutory code following further review and consultation but, like the guidance, the non statutory code will not have legal standing.

17.6 Members must be mindful of this duty in considering any proposed amendments to the Constitution.

18 Crime and Disorder implications

None

19 Background papers

None For further details contact Kath Nicholson 0208 314 7648

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COUNCIL

Report Title

Special Responsibility Allowances

Key Decision

No Item No.

Ward

Contributors


Class


. Special Responsibility Allowances 1. Summary and Purpose

The purpose of this report is to ask members to consider modifications recommended by the Constitution Working Party to the Scheme of Allowances contained in Part VI of the Council’s Constitution, taking into account the Scheme of Allowances prepared by London Councils’ remuneration panel and the recommendations of Sir Rodney Brooke made in June 2010 as to its fit with the local circumstances in Lewisham.

2. Background 2.1 Under Section 18 of the Local Government and Housing Act 1989, the Council is

required to have and to publish a Scheme of Members’ Allowances, and payments to members of the Council may only be made in accordance with this scheme.

2.2 From 2001 to 2009, the Council maintained an independent remuneration panel to

advise it on members’ allowances. This met periodically to prepare recommendations to Council to consider in relation to the members’ scheme of allowances and pensions. The convention in Lewisham during that period was to accept the recommendations of the independent remuneration panel without demur in so far as its recommendations related to the allowances scheme. The one exception to this occurred in April 2009, when the Council decided in the light of the difficult economic climate not to agree to the automatic upgrade of their allowances by reference to inflation.

2.3 On 27 January 2010, the Council agreed to change its arrangements so that it no

longer maintained its own independent remuneration panel but instead had regard to the recommendations of the panel established by London Councils. It was also agreed that the Council would engage the services of Sir Rodney Brooke, the Chair of the London Councils remuneration panel after the election in May 2010 to prepare a report advising the Council about the extent to which the recommendations in the London wide report would be appropriate in the local Lewisham circumstances.

Agenda Item 10

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2.4 The Council considered Sir Rodney Brooke’s report on 30 June 2010 and agreed the Scheme of Allowances which is currently reflected in the Council’s Constitution, subject only to a modification to Dependent Carers Allowances which was agreed by the Council on 28 June 2012. 2.5 As part of a wide ranging review of the Constitution to reflect legal changes required by new legislation, the Constitution Working Party met on September 6 and agreed to recommend to Council two modifications, as described below. 2.6 In respect of the Strategic Planning Committee, the Working Party noted that the Chair of the Strategic Planning Committee, does not receive a Special Responsibility Allowance under the scheme. To date this has not proved to be problematic as Strategic Planning Committee chairs have already drawn allowances as Chairs of another Planning Committee or of a Select Committee. However it is proposed that an amendment be made to the scheme to entitle the Chair of Strategic Planning to the same allowance as the other Planning Committee Chairs, £6,130pa, as otherwise there would be no legal basis to pay an SRA to any Chair of Strategic Planning who did not already hold an additional position which attracted an allowance. 2.7 The Working Party noted that the June meeting of the Council agreed a new Ethical Framework which no longer allowed the Chair of the Standards Committee to be an independent member. The previous Independent Chair was not entitled to an SRA but did receive a co-optee’s allowance. The new Chair of an expanded Standards Committee will be an elected member and if that person is to receive an allowance for this new special responsibility, it must be included in the Council’s Scheme for Members Allowances. It is suggested that an SRA be agreed at the same level as the previous Independent Chair’s co-optee allowance ie £1,000pa.

3 Recommendations The Council is asked to agree that: (1) The position of Chair of the Strategic Planning Committee be allocated a Special Responsibility Allowance of £6,130pa. (2) The position of Chair of the Standards Committee be allocated a Special Responsibility Allowance of £1,000pa. 4 Legal Implications 4.1 The Council is under a duty to adopt a scheme of members’ allowances by virtue of section 18 Local Government and Housing Act 1989. It may only pay allowances in accordance with such a scheme. 4.2 Section 100 of the LGA 2000 entitles the Secretary of State to make regulations about members’ allowances. 4.3 The Regulations which govern members’ allowances are:-

(a) the Local Authority (Members Allowance)(England) Regulations 2003 – which amongst other things requires authorities to prepare schemes for the payment of allowances to their Members. The schemes are required to

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make provision for the payment of basic allowance and may also provide for the payment of special responsibility allowance, dependent carers allowance, travelling and subsistence allowance and co-optees allowance.

(b) the Local Government Pension Scheme (Transitional Provisions)

Regulations 2008 which entitles Local Authority Members to become members of the Local Government Pension Scheme (This Act restates the position under the old 1997 Regulations which were revoked).

4.4 There is a general rule that members may not usually vote on matters in which they have a prejudicial interest. However decisions relating to the scheme of members’ allowances are an exception to this general principle, and members may vote on this issue, which in accordance with the law is being published in a newspaper circulating in the area. Any modification to the Scheme once agreed will also be published. 5. Financial Implications 5.1 The potential annual cost of the addition of the payment to the Chair of the Strategic Planning Committee would be £6,130pa. However it is not anticipated any payments will be made in this municipal year, as the Chair of the Strategic Planning Committee is already the Chair of a Select Committee and is not entitled to a further SRA. 5.2 The payment of an SRA to the Chair of the Standards Committee would be £1,000pa. This will be offset by the deletion of the co-optees payment of £1,000pa to the Independent Chair of the Standards Committee. 6. Crime and Disorder and Environmental Implications There are no specific implications. 7. Equalities Implications

Payment of allowances allows all sectors to be able to participate in the democratic process as far as possible.

BACKGROUND PAPERS 1. Council Constitution 2. Council Agenda 30 June 2010 and 28 June 2012 These papers are available on the Council website http://www’lewisham.gov.uk or from the report author, Kevin Flaherty (Telephone 0208 3149327)

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Council

Report Title

Application for Section 32 Consent for Disposal of 2-4 River Park Gardens, Bromley BR2

Item No.

Ward

Nearest Wards are Bellingham & Downham

Contributors

Executive Director for Resources & Regeneration Director for Regeneration and Asset Management Executive Director for Customer Services Head of Law Corporate Asset Group Manager

Class

Part 1 Date: 26 September 2012

1. Purpose 2.1 To obtain authority on behalf of the Council to authorise an application to the

Secretary of State under Section 32 of the Housing Act 1985 for consent to the disposal of the Council’s freehold interest in 2-4 River Park Gardens, Bromley BR2 to Phoenix Community Housing Association.

2. Policy Context 2.1 The Council needs to proceed with the sale of any surplus land or

properties to ensure that capital receipts are achieved to assist the Council’s Capital Programme

2.2 The Council also seeks to bring back into early re-use those buildings or land

that are either unused or under utilised. 2.3 The contents of this report are consistent with the Council's policy

framework. It supports the achievements of the Sustainable Community Strategy policy objective :

• clean, green and liveable – improving environmental management, the cleanliness and care for roads and pavements and promoting a sustainable environment

• safety, security and a visible presence – partnership working with the police and others and using the Council’s powers to combat anti-social behaviour

• strengthening the local economy – gaining resources to regenerate key localities, strengthen employment skills and promote public transport

• decent homes for all – investment in social and affordable housing to achieve the Decent Homes Standard, tackle homelessness and supply key worker housing

3. Recommendations

Agenda Item 11

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$zjqafrmr.doc 2

To authorise an application to the Secretary of State under Section 32 of the

Housing Act 1985 for consent to the disposal of the Council’s freehold interest in 2-4 River Park Gardens shown on the attached plan to Phoenix Community Housing Association

4. Background Information 4.1 At a meeting of Mayor and Cabinet on 12 September 2012, the Mayor was

recommended to:

4.1.1 agree to formally declare 2-4 River Park Gardens BR2, surplus to the Council’s requirements;

4.1.2 approve, subject to full Council authorising an application to the

Secretary of State under Section 32 of the Housing Act 1985, the disposal of the Council’s freehold interest in 2-4 River Park Gardens shown on the attached plan to Phoenix Community Housing Association on the terms detailed in paragraph 7 of the report; and

4.1.3 agree to delegate authority to the Director of Regeneration and Asset

Management, in consultation with the Head of Law, to negotiate the final disposal terms with Phoenix Community Housing Association and conclude any outstanding matters relating to the sale of the Council’s freehold interest.

4.2 The Council owns the freehold interest in 2-4 River Park Gardens, which is a

2 storey detached brick built building comprising a ground floor lock-up shop with a rear yard and external garage, and a two bed-roomed self-contained flat on the upper floor, located on the edge of the borough with Bromley.

4.3 There have been ongoing problems with the drains which, in the opinion of

the Council’s Drainage Section, affect the stability of the building and prevent the ground floor shop from being occupied. They advised that major works were necessary inside and outside the building in order to stop the possibility of any flooding and associated structural damage. There are no capital resources allocated for the works, and this has been a factor in arriving at the recommendation to dispose of the property.

4.4 The property is currently empty and in poor repair and would require

substantial structural works to the shop to make it useable. In a recent valuation inspection undertaken by the District Valuer, it was noted that it would be more cost effective to demolish and rebuild the property owing to the high cost of the remedial works required.

4.5 The price agreed for the disposal to Phoenix Community Housing Association is contained in the Part 2 report to Mayor and Cabinet dated 12 September 2012 and is commercially sensitive.

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4.6 Phoenix Community Housing Association have stated that they plan to work with the Council on a feasibility study for developing the site to provide as much affordable housing as possible. The plan will be subject to gaining planning permission. Phoenix Community Housing Association have indicated that the sale of the property and the eventual redevelopment of the site is likely to take some time and that there will be at least two years before the block needs to be empty. In the meantime, they plan to put the flat above the shop into a lettable condition. The ground floor shop will remain empty during this time.

4.7 As best consideration cannot be certified, it will be necessary to seek

Secretary of State’s consent under section 32 of the Housing Act 1985 to the disposal.

5. Financial Implications 5.1 The property forms part of the Housing Revenue Account, and as such the

receipt is subject to the Government’s Housing Capital Receipts pooling arrangements. As part of the property is classed as a dwelling, the part of the receipt attributable to the dwelling will be subject to a pooling liability of 75%, leaving 25% available for the Council to use.

5.2 However, under regulation 16 of the Local Authorities Capital Finance and

Accounting Regulations 2003, the Authority may be able to reduce this liability to the extent that the Authority has made (or will make) contributions to the provision of affordable housing. As the Council has made contributions to the provision of affordable housing in recent years, the sale proceeds could be matched against this expenditure to result in a nil liability. In these circumstances therefore, the whole receipt will be available to use to fund the Council’s Capital Programme.

6. Legal Implications 6.1 Under Section 32 of the Housing Act 1985 the Council may not dispose of

land held for housing purposes other than with the consent of the Secretary of State. The Secretary of State has issued a series of General Disposal Consents but the disposal to Phoenix Community Housing Association is not considered to fall within any of the General Disposal Consents under Section 32. A specific Disposal Consent will therefore be required. In accordance with the Local Authorities (Functions and Responsibilities)(England) Regulations 2000 and the Council’s Constitution, the authorisation for the making of an application to the Secretary of State under Section 32 of the Housing Act 1985 must come from the Council.

BACKGROUND PAPER

Mayor and Cabinet report on the Disposal of 2-4 Riverpark Gardens, Bromley BR2 dated 12 September 2012-09-17

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For further information on this report, please contact Steve Gough, Director of Regeneration and Asset Management on extension 48885.

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COUNCIL

Report Title

Motion in the name of Councillor Muldoon to be seconded by Councillor Wise

Key Decision

Item No.

Ward

Contributors


Class


“Lewisham Council notes and welcomes the UK-wide campaign to end ‘legal loan sharking’.

Council believes that the lack of access to affordable credit is socially and economically damaging. Unaffordable credit is causing a myriad of unwanted effects such as poorer diets, colder homes, rent, council tax and utility arrears, depression (which impacts on job seeking behaviour) and poor health.

Council further notes that unaffordable credit is extracting wealth from the most deprived communities.

Council believes it is the responsibility of all levels of government to try to ensure affordable credit for all, and therefore pledges to use best practice to promote financial literacy and affordable lending. This will help to ensure that wealth stays in the local economy.

Council also pledges to promote credit unions in Lewisham, community based organisations offering access to affordable credit and promoting saving.

Council calls on the government to introduce caps on the total lending rates that can be charged for providing credit.

Council calls on the government to give local authorities the power to veto licences for high street credit agencies where they could have negative economic or social impacts on communities.”

Agenda Item 12

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COUNCIL

Report Title

Motion in the name of Councillor Hall to be seconded by Councillor Foxcroft

Key Decision

Item No.

Ward

Contributors


Class


“This Council pledges to adopt five principles to protect the NHS in Lewisham:

1. Protecting an NHS that is free for all, resisting the encroachment of charges and unwarranted restrictions based on lifestyle choices.

2. Preventing a postcode lottery. Patients in some areas are already being denied routine treatments that are available on the NHS elsewhere.

3. Maintaining the previous Government's waiting standards for cancer care, operations and in A&E. Since the election there’s been a 25% rise in people who waited longer than 18 weeks for operations.

4. Promoting collaboration over competition, preventing the market from destabilising valued NHS services. This Council is calling for a “one NHS” approach in every community.

5. Putting patients before profits. There are already signs that financial incentives may mean NHS patients get sub-optimal care. This Council will always be vigilant in protecting patient choice and preventing profiteering.

Furthermore, this Council calls upon the Mayor to take steps to implement the Council's pledge to

protect the NHS in Lewisham"

Agenda Item 13

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COUNCIL

Report Title

Motion in the name of Councillor Maines to be seconded by Councillor Feakes

Key Decision

Item No.

Ward

Contributors


Class


“Council believes that the Mayor should not make any further reductions in the number of Libraries in Lewisham that are owned and run by Lewisham Council.”

Agenda Item 14

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COUNCIL

Report Title

Motion in the name of Councillor Maines to be seconded by Councillor Fletcher

Key Decision

Item No.

Ward

Contributors


Class


“Council celebrates London’s hosting of the 2012 Olympic and Paralympic Games. Council pays tribute to the hard work and dedication of all those who made the recent Olympics and Paralympics such a success, it particularly acknowledges the hard work of police and other emergency services; and transport workers all who kept London moving and ensured the safety of visitors and local residents. Council congratulates Lewisham’s athletes, Shaun McKeown, Conrad Williams and James Ellington, whose sporting performances have been an inspiration to all Lewisham residents. Council pays tribute to Lewisham’s many volunteers, who worked as Gamesmakers or London Ambassadors or were torch bearers in the borough. Council recognises the enormous contribution that their enthusiasm, friendliness and dedication made to the success of the Games. In particular, Council thanks the staff and volunteers who organised the LIVE Site on Blackheath and the Olympic and Paralympic torch processions through Lewisham. Council calls on the Mayor to work with Scrutiny to formulate a strategy that ensures there is a legacy of sporting participation in Lewisham, paying particular attention to involving people with disabilities, women and young people leaving education.“

Agenda Item 15

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COUNCIL

Report Title

Motion in the name of Councillor Best to be seconded by Councillor Klier

Key Decision

Item No.

Ward

Contributors


Class


“This Council thanks all those who made London 2012 a success acknowledged world-wide. Council congratulates all those who took part in the planning and organisation as well as all the time spent on the detail that ensured that Lewisham contributed to the delivery of the London Games. Lewisham was honoured to host both the Olympic and Paralympic Games torch relay and we were overwhelmed by the turnout of residents as well as the number of volunteers and community groups that took part in the activities along the route. Council notes that the Live Site in Blackheath was a huge success and thousands of visitors watched Team GB’s unprecedented success at the Games. The Spiegel tent drew many admiring comments and the area was alive with activities of all kinds from Ping Pong to music and dance. The Olympics and Paralympics event has really focused people’s minds on not only winning and succeeding but also overcoming barriers and simply inspiring us. Council welcomes the range of 2012 activities and legacy activities that have happened or are in development for sport and physical activity in Lewisham – including the Be Active programme which includes people aged over 60 to encourage increased exercise leading to health benefits. Council urges this Government to ensure that the work with the School Games Partnership, that has achieved good results thus far, is fully supported in taking the next generation to a new level.”

Agenda Item 16

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COUNCIL

Report Title

Motion in the name of Councillor Handley to be seconded by Councillor Hall

Key Decision

Item No.

Ward

Contributors


Class


“This Council deplores the abolition of the existing Council Tax Benefit system with a pre-emptive 10% cut in the budget by the Coalition Government and we call upon the Mayor to relay these concerns to the Secretary of State for Communities and Local Government.”

Agenda Item 17

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Lewisham Council Members

Documents

Transcript of Lewisham Council Members