Councillors and committees
Agenda, decisions and minutes
In light of recent events and following the latest Government advice on the Coronavirus, the Council has cancelled all its scheduled council and committee meetings until 11th May 2020. At present the law does not permit local authorities to hold 'virtual' Committee meetings but the Council is committed to maintaining full transparency in the decision making process during this period and an update on how its governance will work will be provided shortly.
The Council will keep its arrangements under continual review, having regard to guidance as it emerges.
You can view the individual reports for this meeting by selecting the headings from the numbered list of items at the bottom of this page. Alternatively you can view the entire agenda by selecting 'Agenda Reports Pack' below.Watch key Council meetings here
Venue: Guildhall, High Stree, Kingston, KT1 1EU
Contact: Jean Cousens, Senior Democratic Services Officer Tel: 0208 547 5023/email firstname.lastname@example.org
Public Question Time
A period of up to 30 minutes during which any resident of the Borough or representative of organisations operating within the Borough (other than members of the Council) may ask questions on matters relevant to the Committee.
Questions must be submitted in writing to democratic email@example.com by 10am on the working day prior to the meeting (Monday 11 November 2019)
From 7:30pm to 7:50pm the Committee dealt with questions and other matters raised by residents. A summary of the questions and answers is attached as an Annex but does not form part of the Minutes of the meeting.
Apologies for Absence and Attendance of Substitute Members
Apologies were received from Councillor Malcolm Self, and from Councillor Caroline Kerr, for whom Councillor Sushila Abraham attended as alternate member.
The Co Chair, Councillor Diane White, welcomed Mr John Dewhurst as the new co-opted advisory member representing Southwark Church of England Diocese.
Declarations of interest
Members are invited to declare any pecuniary interests and any non-pecuniary interests (personal interests) relevant to items on the agenda.
With reference to the item at Minute 26 below (‘Proposal to consult upon the expansion of Burlington Junior School to five forms of entry’), Councillor Dave Ryder-Mills declared a personal interest.
Reason: Councillor Ryder-Mills is a Governor at one of the schools near to Burlington Junior School which are mentioned in the report.
To receive petitions submitted by Councillors or members of the public who live, work or study in the Borough. The petition must contain at least 20 signatures *, and notice of the intention to submit the petition must be given in writing to firstname.lastname@example.org by 10am the day before the meeting.
*The Chair may waive the 20 signature threshold where the petition relates to a community or geographical area with a limited number of residents.'
There were no petitions submitted at the meeting.
To confirm as a correct record the Minutes of the meeting held on 12 September 2019.
Resolved that the minutes of the meeting held on 12 September 2019 are approved as a correct record.
To consider the statutory proposal to expand Burlington Junior School from four to five forms of entry from September 2026, and the responses made upon the proposal, and make a decision in respect of it.
Resolved that the Committee, acting as ‘local decision maker’, approves the statutory
proposal to expand the physical capacity of Burlington Junior School from four to five forms of entry with effect from September 2022, and to increase the school’s admission number from September 2026. (The reason for approval is to ensure sufficient school place places in the Council’s area.)
The Committee, acting as ‘local decision maker’, considered a report setting out a proposal (and the responses to it) to expand the physical capacity of Burlington Junior School from four to five forms of entry - with effect from September 2022, and to increase the school’s admission number from September 2026.
Burlington Infant and Nursery and Burlington Junior, located at Burlington Road, New Malden, Surrey, KT3 4LT, are popular and successful local authority maintained community schools which were expanded from three- to four-form entry in 2011 in order to meet demand for additional primary school places in New Malden.
The probable development for housing of the adjacent Cocks Crescent site, and of other local sites, is likely to add to the already high demand for places at the Burlington schools to the point that it would compromise the Council’s ability to meet its statutory duty to provide primary school places for all children in New Malden whose parents want them.
Other options for providing additional places in New Malden and Coombe had been considered, but none would directly meet the forecast need:
· Christ Church Primary (New Malden) - does not have space for expansion.
· Coombe Hill Infant and Coombe Hill Junior: sites too constrained
· Corpus Christi: Prioritises Catholic applicants
Initial consultation on the possibility of expansion - of the Infants’ from September 2022 onwards and the Juniors’ from September 2025 - was undertaken in April and May 2019, with governors, staff and parents/carers of pupils of the Burlington schools and with other local residents. Feedback given at the meetings was mixed, and the Governing Body of the Infants School voted against expanding their school, whilst that of the Junior School voted in favour of expanding theirs.
It was therefore decided to undertake the formal consultation upon a statutory proposal to expand the Junior School only.
It was noted that the condition of the ‘CLASP’ block at the Juniors’ and the current availability of capital funding presents an opportunity to maximise the best value of public money and to safeguard school places for the future by combining in one scheme the replacement of the CLASP block with the building of new accommodation to enable expansion of the Juniors’ to five-form entry.
The timescales of the proposal give sufficient time for local schools which are currently under-subscribed to become more popular and fill in the relevant year-group.
Resolved that the Committee, acting as ‘local decision maker’, approves the statutory proposal to expand the physical capacity of Burlington Junior School from four to five forms of entry with effect from September 2022, and to increase the school’s admission number from September 2026. (The reason for approval is to ensure sufficient school place places in the Council’s area.)
For: 8 Committee members (Councillors Diane White, Kim Bailey, Sushila Abraham, Alison Holt, Dave Ryder-Mills, Anita Schaper, Chris Stuart, and Annette Wookey.
Abstaining: 2 Committee members (Councillors Ed Fram and Maria Netley)
To report progress on the development of a specialist dementia nursing home for older people to be built by the Council in Brown’s Road, Surbiton, KT5 8SP and authorise implementation of the construction stage (and further work to develop the options for a Council Owned trading company to operate the home).
Resolved that the Director of Adult Social Services is authorised to implement the construction stage of the project.
The Committee considered a report which set out progress on the development of a specialist dementia nursing home for older people to be built by the Council in Brown’s Road, Surbiton, KT5 8SP. The report recommended the Committee to authorise implementation of the construction stage (and further work to develop the options for a Council Owned trading company to operate the home).
The home will make a significant contribution to meeting the predicted future demand for higher acuity dementia care in the Borough. The home addresses the risk of insufficient bed-based care being available in the Borough resulting in increased competition for places, a significant increase in the cost of care for people whose care is funded by the Council, and increased pressure on beds in Kingston hospital resulting in increased NHS costs and potential service failure. The home will be developed as a centre of excellence for dementia care in the Borough with potential for development of community based outreach services.
The project was originally launched in September 2016 to meet projected future demand for older people’s bed-based care in the Borough. The Council’s Development Control Committee agreed planning permission for the scheme on 5 June 2019. Planning permission was formally confirmed on 4 August 2019.
A Guaranteed Maximum Price (GMP) has been received for the design and construction of the home by the Council’s Design and Build Partner, Integrated Health Projects (IHP) under a contract let by the Council via the NHS P22 Construction Framework in October 2018. A budget of £15.55m, of which £13.4m was the estimated cost for the design & build of the home, was agreed for the Kingston Dementia Nursing Home project on 14 February 2019 by the Council’s Finance & Contracts Committee. This report confirms a total cost for the design and construction of the home of £13.34m under the terms of the P22 Contract.
Further consultation will be undertaken on the options for formation of the operating company for the home which will be reported to a future meeting of the Committee (and thence to full Council)
Resolved that the Director of Adult Social Services is authorised to implement the construction stage of the project.
Voting - unanimous
The Council’s initial contract with Achieving for Children to deliver services for children and young people covering early help, social care and education (Children’s Services) ends on 31 March 2021. This Committee received a paper in September setting out the proposed process, timescales and approach to review the commissioning arrangements for Children’s Services. This report provides further detail as to the proposed options appraisal methodology and recommends reducing the options in scope for further development.
1. the options recommended for further development, as set out in paragraph 13 of the report, are agreed; and
2. the proposed options appraisal criteria and methodology as set out in paragraph 16 of the report are agreed.
The Council’s current contract with Achieving for Children (AfC) to deliver services for children and young people (early help, social care and education) ends on 31 March 2021. In September, the Committee received a report which set out the proposed process, timescales and approach to review the arrangements for re-commissioning these Children’s Services.
At this meeting, the Committee considered a report which set out the potential options and reported the outcome of an initial review which recommended reducing the number of options in scope for further development.
The three options not recommended for further analysis were:
Option 1 - Extend the existing joint contract with no changes to the contract specification and contract schedules and no changes to the company governance.
Option 7 - Bring services in-house but retain AfC for back office functions only
Option 8 - Undertake a competitive tendering exercise to seek one provider able to deliver the totality of Children's Services
The five options recommended for further analysis were:
Option 2 – Extend the contract jointly with contract variations resulting in changes to the specification and contract schedules, with a review and changes to the contract and company governance.
Option 3 - Recommission AfC: Terminate existing contract with AfC but initiate separate contracts and contract arrangements (two contracts) and make changes to company governance.
Option 4 - Bring the service in-house (Kingston only)
Option 5 - Bring the service in-house (Kingston & Richmond)
Option 6 - Bring the service in-house (Kingston, Richmond & Windsor and Maidenhead)
The criteria recommended as the methodology for assessing the above options were as follows:
1. Keep children and young people safe and protected
2. Ensuring the best outcomes for children and young people
3. Ensuring the Council can fulfil its statutory duties to children and young people
4. Provide a service that maximises independence for children and families
5. Increases the resilience and quality of core services (sharing resources, expertise and protects frontline services)
6. Effective joint working with a range of Council services and partners, Adult Services, Public Health and Community Safety.
7. Provides value for money
8. Ability to generate surpluses from external income or increases / maintains trading and income
9. Cost of change - to move from current to different delivery model
10. Able to deliver each Council’s sovereign policies and priorities.
11. An open and transparent Council with accessible data and decisions which are subject to public debate and scrutiny
12. Social Value achievable
13. Flexibility to meet changing demand for services and changes to national and local policy.
14. Enhances (does not damage) the reputation of Councils.
15. That the option is legal and legal impact is minimal.
1. the options agreed for further development are options 2, 3, 4, 5 and 6 as set out above (ref. paragraph 13 of the report), , and
2. the proposed options appraisal criteria and methodology as set out above (ref. ... view the full minutes text for item 27.
To report back on the work of the Committee’s Mental Health Champion over the past year, as requested by the Committee at its meeting on 22 November 2018.
Resolved that the report be noted and be referred for information to the Health and Wellbeing Board (with the comments of the Committee).
The Mental Health Champions initiative arose out of “Thrive Kingston: A Mental Health and Wellbeing Strategy for the people of Kingston by the people of Kingston (2017 to 2021)” which included a recommendation to: “increase the awareness and capability of policy makers, organisations, groups and providers of services to recognise risks to mental wellbeing and to respond in a way that reduces risk.” The current Administration had set out its aim to “weave a mental health friendly ethos into all policies and services” and to this end, one councillor on each strategic committee has been appointed as a Mental Health Champion.
The Children’s and Adults’ Care and Education Committee had appointed Councillor Anita Schaper as its Mental Health Champion on 16 October 2018 and at its meeting on 22 November 2018 had asked for a report back on her work.
In her first year, the Mental Health Champion has carried out a review of the current work taking place in a number of the borough’s secondary schools to promote good mental health and to support young people with mental health problems; her report set out a detailed description of mental health projects being provided in The Hollyfield School, Coombe Girls School, The Kingston Academy, Tolworth Girls School, and Tiffin Girls School. Councillor Schaper hoped to report back on her visits to other secondary schools in her next report.
Councillor Schaper had made five recommendations about how the scope of this work for young people can be enhanced:
1. For local partners responsible for commissioning CAMHS services in Kingston, to ensure that the future development of mental health support in schools in the Borough (including sixth form schools) is informed by the evaluations of the national “Trailblazer” pilots to ensure local services follow best practice.
2. For there to be a recommendation from Public Health to extend the Mental Health Ambassadors (MHA) Programme to include primary schools (Years 5 and 6), including transitioning support in year 6 to secondary school by the start of the school year, September 2022.
3. For Public Health to promote and ensure school link-up of the MHA Programme in terms of consistency of delivery across the Borough.
4. For there to be greater clarity amongst the Clinical Commissioning Group (CCG) Commissioners and Providers on funding opportunities in 2020/2021and 2021/2022 for secondary schools, including the MHA Programme and support and to ensure it is properly resourced.
5. For the Mental Health Champion to continue with her work visiting secondary schools, and in particular, drawing on the Joint Strategic Needs Assessment (JSNA) on young carers, to find out from staff members, including Mental Health Leads what interventions schools are delivering in order to identify young carers and end stigma and discrimination.
The Public Health Lead Officer for mental health has responded to the recommendations and suggested how they can be progressed, as follows:
Recommendation 1 : The NHS long term plan states that “Over the coming decade the goal is to ensure that 100% of children and young ... view the full minutes text for item 28.
This report sets out the performance data relating to the Key Performance Indicators (KPIs) set out in Kingston’s Corporate Plan, ‘Making Kingston Better, Together’. The data is from Quarter 1 2018/19 (April - July) and tracks progress the 13 KPIs in the Corporate Plan that are relevant to the remit of this Committee. The report also sets out the key risks on the council’s corporate risk register which are relevant to this Committee, with the actions and mitigations being taken. The purpose of the report is to allow for the Committee to scrutinise performance and risk that are within the Committee’s remit.
Resolved that the Committee has reviewed the performance report (which focusses on Key Performance Indicators and risks relevant to the Committee’s remit) and the actions requested by the Committee are referred to the relevant Director to take forward.
The Committee considered a report which set out Quarter 1 (April – June 2019) performance data relating to Key Performance Indicators (KPIs) in the Council’s Corporate Plan (2019 – 2023), ‘Making Kingston Better, Together’. The data set out in the report tracks progress across 13 KPIs that are relevant to the remit of this Committee. The report also sets out the key risks on the Council’s corporate risk register which are relevant to this Committee, with the actions and mitigations being taken. A performance ‘dashboard’ of the corporate KPIs within this committee’s remit is attached at Annex 1 of the report. The KPIs and risks were RAG rated. The purpose of the report was to allow for the Committee to scrutinise performance and risk relating to the Committee’s remit.
Highlights for the quarter included:
· Adult Social Care Delayed Transfers of Care, with performance being among the best in London
· Children’s Education, Health & Care Plans (EHCP) completions within 20 weeks, amidst increasing demand.
The main challenges are:
· Rising levels of demand within Children’s services - specifically the increase in Education, Health and Care Plans (EHCPs) for children with Special Educational Needs and Disabilities (SEND), and Children in Need with Child Protection Plans. The increase in demand and in placement costs has associated implications for resources and finances and there is significant pressure on the High Needs Block of the Dedicated Schools Grant (DSG)
· Risk concerned with failing to provide sufficient support to children and young people with SEND and their parents and the impact on outcomes for them, Achieving for Children and the Council.
· Placements for Looked After Children more than 20 miles from home, currently 3% above its 20% target. Placement costs relating to children in care and leaving care is one of five Children’s Services risks on the corporate risk register. Numbers are very low so one or two children have a significant impact on the percentage. Placements near Kingston are usually preferred, For some children, it is either the only placement available or it is advisable that they are placed more than 20 miles from home for their own safety. But as placements near Kingston are usually preferred, the risk is still rated red.
The Committee’s comments on the report included the following:
· It was hoped that the next report would show trends, for example if a KPI had gone from red-rated to green
· In relation to the red-rated care placements KPI, Members were aware from news stories that there are poor standards of care in some private care homes for young people – it was hoped that AfC makes careful checks that the standards of monitoring are adequate in the homes to which Kingston pupils are sent (It was confirmed that all the care homes used by AfC are Ofsted regulated.)
· It was noted that there is a national shortage of suitable care homes which is driving up costs (can be as high as £60,000 per month) and sometimes a young person has to be placed urgently ... view the full minutes text for item 29.
To appoint Members to a new School Place Planning Member Officer Working Group.
Resolved that a School Place Planning Member Officer Working Group is established with the following remit and membership:
Resolved that a School Place Planning Member Officer Working Group is established with the following remit and membership:
Voting – unanimous
Urgent Items authorised by the Chair
There were no urgent items authorised by the Chair.
Annex 1 - Public Questions
1. 5G Roll Out
A member of the public, Ms Lou Tassell, asked the following question about 5G Roll:
“Every child’s toy, every piece of electrical equipment in nurseries and schools has to be fully safety tested. Are the committee aware that the 5G wireless microwave data network is an untested technology, and mobile operators have told the US Senate that they have no plans to test it?
Do you agree that if no testing has been done, no-one can claim it is safe?
Without these safety testing assurances, how are you able to uphold your duty of care, your duty to improve public health, create a safe environment for children and the vulnerable and uphold your legal responsibilities, especially when there is clear evidence of biological harm from current wireless microwave technology?
Can you recognise why using the precautionary principle to give Council time to complete a full independent review and risk assessment is the only way to ensure all the children, public and environment are protected?”
A report (available to view on the Council’s website at this link) which provided a public health response to issues about 5G Roll Out which Ms Tassell had raised at the September meeting of the Health and Wellbeing Board (HWBB) had been published for the next meeting of the Board on 19 November which would consider the matter in more detail. A copy of the HWBB report was circulated to members of the CACE Committee and to Ms Tassell, as its contents related to the above question which Ms Tassell had submitted to the Committee.
Iona Lidington, Director of Public Health, summarised the findings of that report, commenting that Public Health England (PHE) is the national body responsible for advising local public health officers on such matters and has a team of scientists who are assessing the research on this matter. (The global research amounts to thousands of papers; links to further information about this were provided in the report.) The current judgement of PHE is that there is a small increase in overall exposure to radiation resulting from 5G devices but that the exposure is expected to remain within guidelines. (For example, the World Health Organisation (WHO) states that the main conclusion from its reviews is that the electro-magnetic field exposures are below the limits recommended in the International Commission on Non-Ionizing Radiation Protection (ICNIRP) guidelines and do not appear to have any known consequence on health. WHO is presently preparing a review covering the evidence in relation to radiofrequency exposures and health. Information from WHO about exposure guidelines can be found here.)
PHE will continue to monitor the research and public health officers in RBK would continue to monitor the advice from PHE. In relation to local authority powers, a local authority cannot stop the roll-out of 5G but can determine planning applications for the installation of associated infrastructure.