Decisions

That contract procedure rules be waived in respect of a S117 Placement in the Darnton Suite, Hundens Care Home, at a cost of £269,000 over four years.

Reasons - (a) The usual procurement process cannot be followed as this care home is the only appropriate care home which provides this level of support in Darlington.
(b) The placement will be monitored by the service area, reviewed and a contract framework set up, to ensure value for money.
(c) The direct award is not in breach of EU Procurement Rules, as it is under threshold.

Request to waive contract procedure rules in respect of the extension of a contract for Housing Related Outreach Support Service for People with Substance Misuse Problems, which was due to end on 30 September 2018.

The 700 Club have demonstrated a shift from dependency on Local Authority funding to co-funding to secure the viability of the service for a three year period, at the same level of service delivery and they have secured grant funding to the value of £75,000 for a three year period, reducing the Local Authority contribution to £28,000 per annumThe 700 Club have demonstrated a shift from dependency on Local Authority funding to co-funding to secure the viability of the service for a three year period, at the same level of service delivery and they have secured grant funding to the value of £75,000 for a three year period, reducing the Local Authority contribution to £28,000 per annum

That the contract procedure rules be waived in respect of the extension of the contract for Housing Related Outreach Support Service for People with Substance Misuse Problems, at a cost of £214,00 over the contract period of three years.

Reasons - (a) The 700 Club have demonstrated a shift from dependency on Local Authority funding to co-funding to secure the viability of the service for a three year period, at the same level of service delivery, and they have secured grant funding to the value of £75,000 for a three year period, reducing the Local Authority contribution to £28,000 per annum.
(b) The contract represents value for money as the prices are set on the former tendered rate.
(c) The direct award is not in breach of EU Procurement Rules.

Request to waive contract procedure rules in respect of the extension of a contract for Housing Related Outreach Support Service for People with Enduring Mental Health Problems.  The award of the original contract, which started on 1 November 2015, was for two years with the option for a one year extension.

It is requested that the contract be extended for 14 months, to the end on 31 December 2019 to allow for a thematic strategic review and robust procurement exercise, aligned with other

That the contract procedure rules be waived in respect of the extension of the contract for Housing Related Outreach Support Service for People with Enduring Mental Health Problems, for 14 months, at a cost of £133,000.

Reasons - (a) The request to extend the contract for a further 14 months to end on 31 December 2019 is to enable a thematic strategic review and robust procurement exercise, to align the contract with other services.
(b) The contract represents value for money as the prices are set on the former tendered rate.
(c) The direct award is not in breach of EU Procurement Rules.

There were no declarations of interest reported at the meeting.

The Managing Director submitted a report (previously circulated) requesting that consideration be given to the work programme items scheduled to be considered by this Committee and to give consideration to any items to be carried forward into the next Municipal Year.

It was suggested that an item in relation to the monitoring of the project position statement and capital programme should be included in the future work programme of this Scrutiny Committee and that parking on grass verges was something which should be picked up by the Place Scrutiny Committee.

RESOLVED – That the report be received.

MINUTES – Submitted - The Minutes (previously circulated) of meetings of this Scrutiny Committee held on 20 December 2018 and 31 January 2019.

RESOLVED - That the Minutes be approved as correct records.

The Managing Director submitted a report (previously circulated) giving an update on performance at quarter 3 against those performance indicators which were within the remit of this Scrutiny Committee.

Particular reference was made to the year on year improvement in sickness absence within the Authority which was 0.75 days per full-time equivalent better than in 2017/18 and the Assistant Director Resources reported that this was, in part, due to the proactive work being undertaken by HR Managers, in conjunction with service managers to target areas of concern and ensure that all long-term absences were managed appropriately and that reviews were taking place for short-term absences.  It was also reported that it was felt that the wellbeing programme which had been running for the last couple of years had had a positive impact of the sickness absence figures, particularly in regard to stress and mental health.   

It was reported that three indicators were showing performance better than at this time last year and they were in relation to reportable accidents/ill health, number of complaints upheld by the Information Commissioners Office and staff turnover.  In relation to staff turnover, Scrutiny was pleased to note the low staff turnover position of 5.2 per cent at quarter 3 as generally, below ten per cent was considered healthy and showed an engaged workforce.

Discussion ensued on the indicator in relation to contracted spend as a percentage of total non-salary spend which was not on track at the end of quarter 3 to achieve the year-end target as the contracts register might not be capturing all the contracted spend under £10,000 and because of differences with the suppliers listed on the contracts register and the details appearing on the Council’s financial system, Agresso.  Officers reported that work was being done to address these issues and that, in particular, the Corporate Procurement Team were undertaking on-going work with Officers to raise awareness of the need to update the contracts register with details of sub £10,000 spend.  

RESOLVED – That the report be received.

The Managing Director submitted a report (previously circulated) to provide an update on the current work programme for this Scrutiny Committee.

The work programme has been reviewed and revised for the Municipal Year 2018/19 and has been linked to performance indicators from the Performance Management Framework to provide robust and accurate data for Members to use when considering topics and the work they wish to undertake.

Following discussion and questions raised at the meeting with the Head of Planning Development, Management and Environmental Health in relation to residential children’s homes Members agreed to include in the work programme for 2019/20 an item to monitor the number of private children’s homes in the borough.

With regard to the Review Group on Childhood Obesity it was acknowledged that the work on dental health care had been completed and that Members will progress childhood obesity and mental health links by monitoring the effectiveness of the Childhood Healthy Weight Plan and the item to remain on the work programme.

RESOLVED – That the current status of the work programme be noted.

Submitted – The Minutes (previously circulated) of the meetings of this Scrutiny Committee held on 10 December 2018 and 21 January 2019.

With regard to Minute CYP28/Dec/18, the Head of Planning Development, Management and Environmental Health attended the meeting and responded to Members’ questions in relation to planning conditions around the setup up of private residential children’s homes and the differences between C2 (residential institutions) and C3 (dwelling houses) use classification.

Following discussion thereon Members were aware that it is the responsibility of the provider to request a change of use from a C3, private dwelling to C2 and were assured that the classification of children’s homes within this local authority is determined as C2 ensuring planning permission in consultation with Children’s Services in all cases.  

RESOLVED – That the Minutes of the meetings held on 10 December 2018 and 21 January 2019 be approved as a correct record.

Vicky Davidson-Boyd, Service Manager, Adoption Tees Valley presented Adoption Tees Valley Bi Annual Summary Report 1 May 2018 to 30 September 2018 and outlined the work that had been undertaken across the Tees Valley during 1 May 2018 and 30 September 2018.

Adoption Tees Valley commenced operating as a Regional Adoption Agency (RAA) on the 1 May 2018 bringing together the former Local Authority adoption agency services of Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton.

The submitted report reviewed the adoption activity, as defined by the Adoption Leadership Scorecard (ALB) measures for the first 5 months of operation; outlined the key aim of the RAA on the impact of timeliness of children waiting for adoption and on the time that adopters wait for a match; and detailed the support offered for adopted children and their families and adopters.

The Service Manager also highlighted the future challenges faced by the RAA including sufficiency of adopters, completion of Life Story Books, continuing to develop links with health and schools and data transfer.

Members questioned the working relationship between Darlington and Teesside and the Service Manager advised that there were no reported issues and good cohesive regional working was in place; how Members scrutinise timeliness; the average age of children being adopted; support available for children into early adulthood, especially if they decide to seek their birth parents; and adoption within the black and minority ethnic community.

The Head of Transformation and Performance advised Members that adoption performance data was currently reported and Tees Valley data will also feed into this authority’s reporting mechanism.

The Service Manager advised Members that the average age was 7 to 9 years of age; a Young Persons Forum was due to commence in April to shape and understand services and offer support to these young people; adopters are encouraged to keep in contact with birth families; and there was only a small number of black and minority ethnic children coming through the system for adoption and these children are racially matched.

RESOLVED – That the Adoption Tees Valley Bi-annual Summary Report 2018 be noted.

The Director of Children and Adults Services submitted a report (previously circulated) to provide update information regarding the cost of funding to age 21 for young people in previous foster care placements.

The submitted report detailed the legal framework which provides that Local Authorities provide Staying Put arrangements and the number of current Staying Put Arrangements; and gave details of the costs from 1April 2017 to 31 March 2018 together with projected expenditure for the period 1 April 2018 to 31 March 2019.

It was reported that as of 21 January 2019 there were 10 Staying Put arrangements in place and the cost of internal provision ranged from £160.00 to £350.00 per week dependent upon age and individual circumstances.   The cost of Independent Fostering Agency provision agreed as part of the Tees Valley Framework was £340.00 per week.

The submitted report also outlined the monitoring and evaluation of Staying Put arrangements via regular support meetings following the young person reaching the age of 18 years; the benefits of ‘Staying Put’ for young people and the Service; and the priorities for 2019/20 to promote the importance of Staying Put.

RESOLVED – That the report be noted.

The Director of Children and Adults Services submitted a report (previously circulated) to provide Members with an update on performance against key performance indicators.

The submitted report provided Quarter 3 (October to December 2018) 2018/19 performance information in line with an indicator set agreed by the Monitoring and Co-ordination Group and subsequently by each individual Scrutiny Committee.

The submitted report highlighted where Children and Young People were performing well and where there was a need to improve.  It was also highlighted that where indicators are reported annually quarterly updates will not be available.

It was highlighted that 98.1 per cent of contacts had been completed within 24 working hours; 97.3 per cent of Initial Child Protection Conferences (ICPC) had been held within 15 workings days from the Strategy meeting held/Section 47 being initiated; 100 per cent Child Protection reviews had been completed within the required timescales; 100 per cent of children with a Child Protection Plan and 100 per cent of Children Looked After had an allocated social worker; 99.2 per cent of Looked After Reviews had been completed within timescale; 89.6 per cent of statutory visits to Looked After Children had been completed in timescale; 93.8 per cent who had a review health assessment due had received their assessment within the required timescale; and 19.3 per cent of Care Leavers were not in employment, education or training (NEET).

The areas highlighted for improvement in Quarter 3 was the timeliness of assessments which was slightly below the target of 90 per cent; 94.2 per cent statutory child protection visits were completed within 15 working days with 77.8 completed within 10 working days, slightly behind Quarters 1 and 2; missing from home interviews had been offered within 72 hours in 91.3 per cent of the cases; and the rate of Looked After Children was 111.6 per 10,000 population which was above statistical regional and national benchmarks.

Members discussed in particular the increase in Section 47 enquiries and increase in the number of Looked After Children and the Assistant Director of Children’s Services advised Members of the rationale for this increase, inclusive of regional and national changes in legislation and gave assurance of the continual monitoring of the situation.

Members also discussed the numbers of young people coming into care and those leaving care and the processes involved for those young people leaving care.

RESOLVED – That the performance information provided for Quarter 3 2018/19 be noted.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director (previously circulated)requesting that consideration be given to reviewing the progress and performance of Xentrall Shared Services, the Stockton and Darlington Partnership.

The submitted report stated that Xentrall Shared Services, the Stockton and Darlington Partnership, was established in May 2008 and had just celebrated its twelfth year; the agreement covered ICT (strategy and operations), Transactional HR, Transactional Finance and Design and Print; the initial savings that were identified were £7.4 m over a ten year period; and that those savings had been achieved plus additional efficiencies and benefits totalling £14.6m of savings; and that in recognition of the success of the partnership it had been amended from the original ten year period into an on-going rolling agreement

RESOLVED - That Cabinet note the report and acknowledge the continuing success of Xentrall Shares Services and the £14.6m savings it has achieved over the eleven years since it was formed.

REASON - To allow Members to receive information about the progress of the partnership.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director (previously circulated) providing an early forecast of the 2019/20 revenue budget outturn as part of the Council’s continuous financial management process and informing Cabinet of the budget rebasing exercise carried out following the 2018/19 outturn results.

The submitted report stated that the latest projections following the budget rebasing exercise showed an overall improvement of £0.679m, which was primarily due to the rebasing exercise which returned £0.511 to general reserves, along with £0.168m of balances following the 2018/19 outturn underspend; the risk contingency established in the Medium Term Financial Plan (MTFP) for Children’s Services of £0.308m had been required and utilised; and that overall departmental expenditure, taking into account the rebasing exercise, was forecasting a break-even position.

RESOLVED – (a)  That the forecast revenue outturn for 2019/20, as detailed in the submitted report, be noted.

(b)  That further regular reports be made to monitor progress and take prompt action if necessary.

REASONS – (a)  To continue effective management of resources.

(b)  To continue to deliver services to agreed levels.

The Cabinet Member with the Economy and Regeneration Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to the release of £10m of capital funding from the Tees Valley Indigenous Growth Fund, for land assembly, site design and development, and bring forward regeneration projects and prepare sites for development within Darlington Town Centre which supports the delivery of the Town Centre Strategy 2019/30.

The submitted report stated that the funding was required for up front expenditure to purchase land/buildings, prepare sites and stimulate development to enable the Council to deliver its priorities and to meet income targets in the Medium Term Financial Plan, through attracting new business, delivering new homes and growing the economy; the developed sites were expected to achieve either capital receipts and / or lead to new business rates income, new jobs and new homes within the Town Centre; and stated that additional funding was also likely to be available through the Government’s Future High Street Fund.

RESOLVED – (a)  That the £10m of funding from the Tees Valley Combined Authority (TVCA) Indigenous Growth Fund, be released, subject to the completion of due diligence and release by TVCA, which will be targeted in key intervention areas within the Town Centre which will have the greatest impact and aligned to the Town Centre Strategy, those interventions to include:

                          (i)    strategic site assembly including purchase of land and buildings;

                         (ii)    ensuring sites are ‘development ready’; and

                       (iii)    public realm improvements and infrastructure investment.

(b)  That £150,000 of advanced design fees allocated in the 2019/20 Medium Term Financial Plan to support the economic objectives of the Council, be released.

(c)  That delegated authority be given to the Director of Economic Growth and Neighbourhood Services, in consultation with the relevant Portfolio Holder(s), for expenditure of the TVCA Indigenous Growth Fund for individual projects, land acquisitions and commitments of up to £1,000,000 in value.

(d)  That individual projects acquisitions and commitments of over £1,000,000, be brought back to future Cabinet meetings for agreement which will detail specific interventions and funding required.

REASONS – (a)  To provide funding for regeneration projects and bring sites forward for development.

(b)  Ensure decisions can be made in a timely manner to bring sites and building forward for development.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director and the Director of Economic Growth and Neighbourhood Services (previously circulated) seeking approval from Cabinet for the write-off of former Housing tenant rent arrears, Housing Benefit overpayments, Non-Domestic Rates, Council Tax and Sundry Debtor invoices with individual values greater than £500 that are considered to be irrecoverable.

Particular references were made to the need for more information as to the ‘other reasons’ for the writing off of Housing Benefit overpayments and on the way the recoverable debts information was recorded.

RESOLVED - That a total amount of £77,315 of former Housing tenant arrears, £262,305of Housing Benefit overpayments, £1,017,702 of Non-Domestic Rates and Council Tax, and £155,749 of Sundry Debtor invoices be written-off, subject to steps for recovery being taken, wherever possible, if and when contact is made.

REASONS – (a)  It is considered all practical steps have been made to recover the debts.

(b)  To enable the Council’s accounts to be maintained in accordance with the Financial Procedure Rules.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director and the Director of Economic Growth and Neighbourhood Services (previously circulated) providing a summary of the latest Capital resource and commitment position, to inform monitoring of the affordability and funding of the Council’s capital programme; an update on the current status of all construction projects currently being undertaken by the Council; and seeking approval to a number of changes to the programme.

The submitted report stated that the projected outturn of the current Capital Programme was £175.806m against an approved programme of £175.533m; the investment was delivering a wide range of improvements to the Council’s assets and services; the programme remained affordable; the Council had 27 live projects, with an overall project outturn value of £52.005m, the majority of which were running to time; and that the projects were managed either by the Council’s in-house management team, a Framework Partner or by Consultants source via an open/OJEU tender process.

RESOLVED – (a)  That the status position on construction projects, as detailed in the submitted report, be noted.

(b)  That the projected capital expenditure and resources, as detailed in the submitted report, be noted.

(c)  That the adjustments to resources, as detailed in paragraph 20 of the submitted report, be noted.

REASONS – (a)  To inform Cabinet of the current status of construction projects.

(b)  To make Cabinet aware of the latest financial position of the Council.

(c)  To maintain effective management of resources.

The Cabinet Member with the Economy and Regeneration Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to commencing public consultation on the draft Darlington Town Centre Strategy 2019/30 (also previously circulated).

The submitted report stated that the Town Centre was a key element in the economic, social and environmental fabric of the town; given the changes in both the environment of the high street and changes in peoples shopping habits there was a need to develop plans that had business investment at their heart and be focussed on transforming the place into a complete community hub incorporating health, housing, arts, education, entertainment, leisure, business/office, as well as retail; outlined the aim and vision of the Town Centre Strategy; the four geographical areas where intervention was required to deliver the strategy; the financial and legal implications; and the proposed consultation approach.

Particular reference was made at the meeting on the need to consult on the strategy in a more meaningful way how in order to gain the views and interest of the public.

RESOLVED - That the Town Centre Strategy 2019/30, as appended to the submitted report, be supported, and a consultation exercise on the Strategy be undertaken with stakeholders, partners and communities.

REASONS – (a)  To ensure that the Council has an established and agreed vision for the future of Darlington Town Centre.

(b)  Suitable alternative uses of sites are pursued to support the actions detailed in the Darlington Town Centre Footfall Strategy (2018).

(c)  To contribute to the further economic wellbeing and vitality of the Town Centre.

The Cabinet Member with the Children and Young People Portfolio introduced the report of the Director of Children and Adults Services (previously circulated) requesting that consideration be given to the revised arrangements for the Corporate Parenting Panel and to updating the Panel’s Terms of Reference accordingly.

The submitted report stated that at the request of the young people, a workshop was held at their meeting on 2 October 2018 with the aim of reviewing how the Corporate Parenting Panel worked.

RESOLVED - That the proposal to hold formal and informal meetings of the Corporate Parenting Panel, be approved, and the subsequent amendments to each of the Terms of References, as appended to the submitted report, be approved.

REASONS – (a)  The role of the Corporate Parent is a statutory responsibility of all Members of Darlington Borough Council regardless of political alignment.

(b)  There is a need to ensure that corporate parenting responsibilities are fulfilled in an open and transparent manner.

(c)  Members need to be assured that a high standard of provision and service to children looked after is maintained.

(d)  Members are aware of the work the Corporate Parenting Panel undertakes on the wider Council’s behalf.

The Cabinet Member with the Community Safety Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to updating the existing charges for Fixed Penalty Notices (FPN’s) with regard to environmental crime.

The submitted report stated that new legislation had been introduced that enabled the Council to issue FPN’s for a wider range of offences, such as fly tipping and littering from vehicles; outlined the proposed charges for those offences; and arrangements that would apply for under 18’s who committed offences.

Discussion ensued on the increase in charges; how they compared with other neighbouring local authorities; how any additional revenue would be spent; and the enforcement of the domestic waste receptacle offences.

RESOLVED - That the proposed charges and early discount payments, as detailed in the appendix to the submitted report, be approved, with an implementation date of October 2019.

REASON - To provide an effective deterrent against environmental crime within the Borough.

The Cabinet Member with the Economy and Regeneration Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to the allocation of funds for the redevelopment of the Darlington Victorian Indoor Market.

The submitted report stated that in 2017 the Council entered into a partnership agreement with Market Asset Management Limited (MAM) for the management and refurbishment of the Victorian Indoor Market and the management and improvement of Darlington’s outdoor market; outlined the aims of the partnership; the partnership agreement with MAM; the work undertaken with MAM to ensure the necessary works were delivered in a timely fashion; the main elements of the redevelopment proposals; and the financial and legal implications.

Particular references were made to the inclusion of toilets in the plans for the Indoor Market; the funds available through the Government’s Future High Street Fund; and to the loss of stalls in the Indoor Market.

RESOLVED – (a)  That the principle of making the additional investment, from the Tees Valley Combined Authority Indigenous Growth Fund, in the Victorian Market project for the development of the Winter Garden and food and beverage outlets, as detailed in the submitted report, be supported.

(b)  That Director of Economic Growth and Neighbourhood Services, in conjunction with the Portfolio Holder for Economy and Regeneration, be given delegated authority to proceed and to bring a further update back to Cabinet when costings are finalised, planning is confirmed, and an execution plan detailed.

REASON – To contribute to the further economic wellbeing and vitality of the Town Centre.

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The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) seeking approval to the sale of approximately 2.525 acres of land at Faverdale East Business Park, Darlington, as shown hatched on the plan appended to the submitted report, subject to the grant of planning permission for development.

The submitted report stated that the Council owned land at Faverdale East Business Park which was available for inward investment/industrial development; a number of plots had already been sold; and that an enquiry had been received to purchase a plot of land.

RESOLVED – (a)  That the leasehold sale of 2.525 acres of land at Faverdale East Business Park, as shown on the plan appended to the submitted report, be approved on the terms as set out in Appendix B Part III of the submitted report.

(b)  That the Assistant Director for Law and Governance be authorised to document the sale of the property accordingly.

REASONS – (a)  To achieve a capital receipt for the Council.

(b)  To assist business development and job creation in Darlington.

The Cabinet Member with the Housing, Health and Partnerships Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to the Darlington Preventing Homelessness and Rough Sleeping Strategy 2019/24 (also previously circulated).

The submitted report stated that Section 1(1) of the Homelessness Act 2002 requires housing authorities to carry out a homelessness review for their area and to formulate and publish a homelessness strategy based on the results of the review every five years; the strategy consisted of four main sections; following concern from the Government about rough sleeping, homeless strategies had been rebadged as homeless and rough sleeping strategies; outlined the aim of the strategy; and stated that the Adults and Housing Scrutiny Committee had been consulted on the draft strategy.

RESOLVED - That the Preventing Homelessness and Rough Sleeping Strategy 2019/24, as appended to the submitted report, be approved.

REASON - The Strategy identifies current and future needs and how we can best meet those needs.

The Cabinet Member with the Efficiency and Resources Portfolio introduced the report of the Managing Director (previously circulated) requesting that consideration be given to the Annual Procurement Plan (also previously circulated) and updating Cabinet on the contracts previously designated as Strategic and on the decisions taken by the Procurement Board, to waive the Contract Procedure Rules, and agree direct contract awards.

RESOLVED – (a)  That the assessment of strategic and non-strategic contracts, as presented in Appendix 1 of the submitted report, be approved, and:

                          (i)    the contract award decisions for the contracts designated as non-strategic be delegated to the appropriate Director, as listed in the plan at Appendix 1 of the submitted report; and

                         (ii)    the contract award decisions for the contracts designated as strategic, as listed in the plan at Appendix 1 of the submitted report, be delegated to the Procurement Board to approve and report back to Cabinet.

(b)  That the update on contract waiver decisions made by Procurement Board, as detailed in the submitted report, be noted.

REASONS – (a)  In respect of strategic/non-strategic contracts, the recommendations are supported by the following reasons: -

                          (i)    the Contract Procedure Rules require Cabinet to approve the designation of contracts as strategic and non-strategic;

                         (ii)    contracts designated strategic are of high value and high significance in respect of the impact on residents, Health and Safety and public safety; and

                       (iii)    the contracts designated non-strategic are of a lower value and lower significance in respect of the impact on residents and public safety.

(b)  In respect of Procurement Board waiver decisions, the recommendations are supported by the following reasons: -

                          (i)    in order to comply with the Contract Procedure Rules; and  

                         (ii)    to provide Cabinet with information about the decisions made by the Procurement Board.          

The Cabinet Member with the Economy and Regeneration Portfolio introduced the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) requesting that consideration be given to the changes to the Darlington Local Plan following the consultation that had taken place between 21 June and 2 August 2018; the publication of the Proposed Submission copy of the Local Plan (incorporating the proposed changes) for the statutory six-week period to allow representations to be received prior to submission for independent examination; a number delegated powers to the Director of Economic Growth and Neighbourhood Services in consultation with the Economy and Regeneration Portfolio Holder as set out in the recommendations to the submitted report; and requesting that consideration be given to the revised timetable and process for producing the new Local Plan (including the revision of the Local Development Scheme).

A report from the Place Scrutiny Committee was circulated at the meeting to update Cabinet on the findings of the Task and Finish Review Group established to undertake a review of the draft Borough of Darlington Local Plan 2016/36.  The report made a recommendation to Cabinet in respect of the removal, from the plan, of the Springfield Park access road for the Skerningham development.

RESOLVED – That as a result of the recommendation from the Place Scrutiny Committee, the decision on the Borough of Darlington Local Plan 2016/36, be deferred to a later date, to enable further traffic modelling work to be carried out for the Skerningham development.

REASON – To comply with the wishes of Cabinet.

The Cabinet Member with the Children and Young People Portfolio introduced the report of the Director of Children and Adults Services (previously circulated) requesting that consideration be given to the school term date arrangements (also previously circulated) for Darlington maintained schools for the academic year 2021/22, and to publishing those arrangements by the end of July 2019.

The submitted report stated that 42 schools within Darlington, and their respective Governing Bodies, had been consulted on the proposed school term dates for the 2021/22 Academic Year and outlined the responses to that consultation.

Discussion ensued on the number of schools that responded to the consultation; to the school term dates in North Yorkshire and County Durham; and to the possibility of undertaking further consultation in order to ensure dates were co-ordinated.

RESOLVED – That the proposed school term dates for Darlington maintained schools for the academic year 2021/22, as appended to the submitted report, be agreed for publication.

REASON - The draft dates are the ones preferred by the majority of schools and Governing Bodies that responded to the consultation, which ended on 24 May 2019.

The Cabinet Member with the Economy and Regeneration Portfolio provided Members with an update on the report of the Director of Economic Growth and Neighbourhood Services (previously circulated) which had been considered by Cabinet, at its meeting held on 8 January 2019.

The submitted report detailed emerging high-level thoughts and the future development of proposals that would encourage further investment on key strategic sites in Darlington town centre. A PowerPoint presentation given by the Cabinet Member with the Economy and Regeneration Portfolio also accompanied the submitted report.

It was reported that Darlington was in the UK top ten best performing economies; its economy had grown consistently for three years and that it was rated the third highest retail town in the North East behind Newcastle and the Metro Centre; it was also reported that Darlington faced a number of challenges including higher than national vacancy rates, a reduction in footfall, high profile large vacant units, a high reliance on retail, low amount of quality business accommodation, small number of residential accommodation in the town centre, and issues with community safety and a lack green space and facilities.

Reference was made to the Cornmill Centre which faced similar reductions in footfall and increased vacant units and Members were assured that work was being undertaken with the Town Centre Reference Group to address these issues; and that this Scrutiny Committee would continue to monitor footfall trends within the town centre.

Members were informed of the objectives to improve the economic wellbeing and vitality of the town centre; that funding had been secured to invest into Darlington’s heritage assets with a focus on the 2025 celebrations for Stockton and Darlington Railway; refurbishment and redevelopment plans for the Indoor Victorian Market were due to be published for a period of consultation; and that a bid would be submitted to the Future High Street Fund to support the objectives to improve Darlington town centre.

Concern was raised by Members in respect of the perception of crime in Darlington and that residents felt that the town centre was a dangerous place. It was reported that crime was down; there was a robust approach to tackling crime and anti-social behaviour in the town centre, including the introduction of the Public Space Protection Order on 1 March 2019; and that the town centre was a safe place but that perceptions would take time to change.

Following a question in relation to the location of the Outdoor Market, Scrutiny was informed that consultation had been undertaken by the Council and Market Asset Management (MAM) with market traders who preferred to remain on High Row due to greater footfall.

A Member in attendance at the meeting highlighted the need for greater promotion of tourism in Darlington. There was agreement that more needed to be done to improve tourism and Members were advised that the Town Centre Reference Group had worked with businesses to develop a new map of the town centre; and the work planned for 2025 celebrations for Stockton and Darlington Railway would benefit the economy.

Members queried the mention of business rates within the Spring Statement which was due to be published on 13 March 2019; Members were in agreement that business rates did need to change, but that the local authority was limited in what it could do due to the high level of demand led expenditure in the local authority.

RESOLVED – (a) That the report be received.

(b) That the thanks of this Scrutiny Committee be extended to the Cabinet Member with the Economy and Regeneration Portfolio for his informative presentation.

(c) That this Scrutiny Committee be updated on the outcome of the Future High Streets Fund bid.

The Assistant Director, Community Services gave a presentation relating to Central Library Proposals.

It was reported that following the decision to keep the main library at Crown Street, and the agreement to invest £2 million in improvements and repairs, a conversation to seek the views of residents had been undertaken and was set to conclude on 15 March 2019.

It was reported that feedback received to date from both the website and various conversation events in respect of services and the building/accessibility had indicated the need for a refurbishment that was sympathetic to the heritage of the Grade II listed building, identified the need for some level of refreshment, expansion of the services of the library including greater activities and events; and that there was a level of conflict in the feedback that required a balanced response.

Members were informed that the feedback from the conversation would be collated along with feedback from the previous consultations, to inform the future Library Plan; and that following approval of this plan the estimated opening date was early 2021.

It was reported that discussions were underway to review the usage of the space at the Dolphin Centre which had been earmarked for the library.

A Member in attendance at the meeting voiced their concern in respect of the absence of consultation to reinstate the mobile library for those members of the public that resided in rural areas; and suggested that the mobile library be reinstated.

Discussion ensued regarding the benefits of Cockerton Library and it was noted that Cockerton Library was used by members of the public from all areas of the town, including rural areas; Members were assured that the home service had been extended to reach residents unable to travel to the library; that no feedback had been received via the library conversations to date in respect of the mobile library. It was suggested that one drawback of Cockerton Library was that it lacked public toilet facilities which constrained the type of events that could be held there and it was requested that this point be included in the conversation feedback.

RESOLVED – That the thanks of this Scrutiny Committee be extended to the Assistant Director, Community Services for his informative and interesting presentation.

The Assistant Director, Community Services gave a presentation (previously circulated) on community safety, detailing the concerns and response of Darlington Borough Council to community safety in Darlington.

Members were advised that a significant reduction in funding had impacted on the co-ordination and leadership of work to keep Darlington a safe place however following consultation as part of the Medium Term Financial Plan, community safety had been identified as a key priority and as a result additional resources had been put in place and the Community Safety Unit established.

Members were advised of the staffing structure within community safety which included Civic Enforcement, Licensing, Private Sector Housing, Trading Standards and Community Resilience. A Systems Data Analyst was also in place to provide accurate and timely data in respect of community safety and had access to Police and Fire data sets, in order to identify threats and risks within communities and to ensure resources were deployed according to those identified threats and risks. Reference was made to the 2019/20 community safety priorities.

Discussion ensued in respect of door to door sales and fly tipping; the importance of residents reporting any concerns to community safety to ensure resources were deployed; knife crime, which was not a concern in Darlington; and that Darlington was a safe and vibrant place to live.  

RESOLVED – (a) That the thanks of this Scrutiny Committee be extended to the Assistant Director, Community Services for his informative and interesting presentation.

(b) That an update on community safety be provided at a future meeting of this Scrutiny Committee.                                       

The Managing Director submitted a report (previously circulated) together with a detailed scorecard (also previously circulated) advising Members of the Quarter 3 performance against those key performance indicators for 2018/19 which were within the remit of this Scrutiny Committee.

It was reported that of the twenty one indicators which were reported either quarterly or six monthly at Quarter 3 and for which there was information available, fifteen had targets and thirteen of these indicators were on target to achieve their year-end target and two were not; six indicators did not have targets however, one was showing performance which was better than the same period last year and four had either no previous data to compare with or no data had been submitted for this quarter, whilst one indicator was showing performance which was worse than the same period last year.

A number of indicators which were showing good performance at Quarter 3 were highlighted in the report, with particular reference made to CUL071 Number of Visits to the Head of Steam which had seen a 22 per cent increase in attendances compared to the same period last year.

Reference was made to CUL030 Total visits to the Dolphin Centre which was showing lower performance due to recording issues, and ENV001 which was not on target to achieve year-end target.

CUL080 Town centre footfall trend showed a decrease, reflecting the national picture. It was highlighted that the data collected from ten electronic counters around the town did not include the sites of Feethams Multi-storey Car Park and Leisure Development and would therefore not record anyone visiting this site.

Reference was made to ECI401 New homes delivered against the five year supply which was showing an increase from the same period last year. National figures had been published for the Housing Delivery Test, a possible additional indicator for this Scrutiny Committee to include, a percentage measurement of the number of net homes delivered the number of homes delivered against the number of homes required. For the period of 2015 to 2018 the required number of homes for Darlington was 572 and it was confirmed that Darlington had delivered 1043, a delivery test measure of 182 per cent.  

RESOLVED – That the report be noted.

The Managing Director submitted a report (previously circulated) requesting that consideration be given to this Scrutiny Committee’s work programme for the remainder of the Municipal Year 2018/19.

The Lead Officer provided Members with an updated position in relation to individual items within the schedule.

Discussion ensued on the need to convene a Special meeting to give consideration to the updated Local Plan and that this should include the Economic Strategy, Housing Strategy and Car Parking Strategy; the need for an update report on Indoor/Outdoor Market, Rail Heritage; Tees Valley Combined Authority Transport Strategy; as well as updates on Community Safety and Strategic Sites Development Programme.

Reference was made to the intention to convene Special meetings to consider the Performance Indicators on a bi-annual basis.

The Planning Policy Officer updated Members on the current position of Broadband Infrastructure delivery in Darlington and advised that due to complications, the Broadband infrastructure rollout programme had stalled as government were no longer funding Fibre to the cabinet (FTTC). It was reported that work was progressing to identify alternative solutions; that the £350,000 funding from the Tees Valley Combined Authority remained, but that without match funding from the government this would not cover the 3612 premises in Darlington that were without Superfast Broadband.

Members voiced concern in respect of the future of Broadband in Darlington and agreed that Broadband infrastructure should be a key priority for the town.

In light of the update it was agreed that Broadband Infrastructure delivery in Darlington would remain on the work plan for this Scrutiny Committee.

RESOLVED – (a) That the current status of the Work Programme be noted.

(b) That the Work Programme be updated to reflect the decisions of this Scrutiny Committee.

Submitted – The Minutes (previously circulated) of a meeting of this Scrutiny Committee held on 13 December 2018.

RESOLVED – That the Minutes of the meeting of this Scrutiny Committee held on 13 December 2018 be approved as a correct record.

The Director of Economic Growth and Neighbourhood Services submitted a report (previously circulated) presenting the draft Preventing Homelessness and Rough Sleeping Strategy 2019-2024 (also previously circulated) which had been approved for consultation.

The submitted report outlined the requirements under Section 1(1) of the 2002 Act for the Council to review homelessness for their area and publish a homelessness strategy based on the results of that review every five years, together with more recent guidance which required homelessness strategies to be rebadged as Preventing Harmlessness and Rough Sleeping Strategies.    It was reported that both the Homeless Reduction Act 2017 and Rough Sleeping Strategy 2018 had impacted on the content and structure of the strategy with the main aim of the strategy being to prevent homelessness and rough sleeping with five key objectives supporting it.

It was reported that an Action Plan was in place which set out the key actions to deliver the objectives of the strategy and a new partnership group would be established to oversee the delivery of the strategy.  Due to the complex challenges that are associated with homelessness, the partnership would consist of statutory and voluntary agencies that deliver a wide range of services, some of which would be related to wider needs beyond the specific issue of homelessness.

Members were advised that there had been a six per cent increase in the number of people who were approaching the Council for assistance, which was much lower than the increase that was expected following the introduction of the Homeless Reduction Act. This was in part due to the Council and its partner’s preventative approach to dealing with homelessness.

Members expressed concern regarding begging in Darlington and questioned what processes were in place to address this. It was confirmed that the Council’s Housing Options Service, which consisted of multi-agency officers, had undertaken checks on anyone found to be begging to identify those that were genuinely homeless and find solutions to address this and Members were reminded of the ‘Have a heart, give smart’ campaign which aimed to educate and raise awareness that giving money to those who beg was not the best way to help them. 

RESOLVED – That the report be received.

The Director of Economic Growth and Neighbourhood Services submitted a report (previously circulated) updating Members on the results of a review of customer engagement in housing and giving an update on the proposed changes resulting from the review.

The submitted report referred to the difficulties in the recruitment of tenants to the current engagement model,  the need for a shift towards digital means of communications; a proposed reduction in the number of editions of Housing Connect and the use of social media for engagement including Facebook, Twitter and WhatsApp groups. It was also proposed that a Tenants Forum be established, consolidating a number of existing Tenant Panels; and that the proposed changes would be implemented in April 2019 and be completed by March 2020.

It was reported that there had been a high level of engagement by tenants within their local communities and that this engagement at a local level would be further tested through a programme of events in local communities.

Members of the Tenants Panel who were in attendance at the meeting gave their support to the proposed changes, stated that the new methods of engagement would be more inclusive and the digital approach would encourage younger tenants to engage.

RESOLVED – That the proposed changes to the customer engagement model in housing, be noted.

The Managing Director submitted a report (previously circulated) updating Members on the current position against those key performance indicators which were within the remit of this Scrutiny Committee for the period of October to December 2018.

In relation to the Adult Social Care indicators, the submitted report provided the performance position in relation to ten performance indicators and in relation to Housing Services, performance against all six performance indicators.

Reference was made to the performance indicator HBS025, Number of days spent in Bed and Breakfast, which was showing an increase as a result of the introduction of the Homeless Reduction Act and was reflected as a national trend.

RESOLVED – That the report be received.

The Managing Director submitted a report (previously circulated) requesting that consideration be given to this Scrutiny Committee’s work programme for the remainder of the Municipal Year 2018/19 and going forward into the 2019/20 Municipal Year.

RESOLVED – That the report be received.

The Director of Children and Adults Services submitted a report (previously circulated) providing an update on the Community Equipment Service available to residents in Darlington, and giving an update as to how the service was currently working.

The submitted report outlined the statutory obligation of the Council to provide a community equipment service and it was reported that the provision of community equipment was a key element of the Council’s strategy to increase independence through a focus on prevention, rehabilitation and care in people’s own homes.  The submitted report detailed case studies which set out how the Council, using the service, had supported people to live independently in their own homes.

It was reported that the community equipment service contract had been awarded to Medequip with effect from 1 April 2015 for a five-year period and that noformal complaints had been recorded about the service since 1 April 2018. An issues log had been introduced by the Council’s Occupational Therapy Team which would be reviewed and any issues raised directly with Medequip on a quarterly basis.

Discussion ensued in respect of the renewal of the contract with Medequip and particular reference was made to the difficulty in obtaining Darlington specific data to measure the performance of the service. The performance data had been identified as a key development for 2019/20 and that this, together with focus groups, would help to inform the decision to renew contract with Medequip beyond 2020.

RESOLVED – That the current performance of the Medequip contract and the continuing vital support that the Community Equipment Service provides, be noted.