To receive questions from members of the public.

Under the Constitution a member of the public can ask a Cabinet Member or Chairman of a Committee any question relevant to a matter in relation to which the Council has powers or duties, or which affects the county, as long as a copy of the question is deposited with the Head of Legal and Democratic Services more than six clear working days before the meeting.  Several questions have been received and were included in the agenda.  The questions, together with a summary of the responses, are set out below.

 

1.1       The Council has stated in its summary presentation to Head Teachers on the 10January 2008 that 39 schools should close (slide 7 and 8).

 

Given the: -

 

·                    flawed statistical analysis on which the closures are based;

·                    unreasonable and unworkable timescales for both the consultation and the proposed closures;

·                    devastating impact that these closures will have for current and future generations of children in Herefordshire;

·                    detrimental impact that these proposals will have on hard working and committed teaching staff; and

·                    complete absence of any reference to the school closures in the May 2007 Conservative Party election campaign manifesto;

 

 

2.1       Has the deadline for implementing changes to primary schools changed (originally September 2009)?  If it has, when is the new deadline and if it has not how can the council possibly totally rebuild their policy in the time available?

 

 

Would the Council please stop the current consultation process and commit itself to a more robust assessment of the needs of the children of Herefordshire?

 

 

3.1       How will the problem of overcrowding in schools be dealt with while the school rolls reduce to anticipated levels, when school closures go ahead as some undoubtedly will?  How will our children access their playgrounds and playing fields if they are covered with mobile classrooms? 

3.2       Can you please explain how the process of consultation will now move forward?  It has caused further confusion amongst the parents in the county with the proposals being recalled and very little information then available as to what happens now.  

Council Taxpayers, as stake holders in the council, are surely entitled to a clear and concise explanation of how the process will move forward to allay their fears, reducing the further pressure on rural schools as parents re-consider their child’s educational provision again putting the school roll projections further out of date. 

 

 

4.1       If Pencombe School is under the 10% threshold for schools under capacitated, why is it under threat of being closed?

4.2       What happens to our Church and Village Hall should the school close i.e. Parent toddler groups, Pantomimes that are held here?

4.3       How do we collect our children from Bredenbury should we experience flooding and snow as on three occasions in the past 12 months I have been unable to drive my car through Pencombe Village and had to walk.?

 

 

ANSWER FROM COUNCILLOR RJ PHILLIPS LEADER OF THE COUNCIL.  THIS RESPONSE WAS PROVIDED TO THE FOUR QUESTIONS ABOVE.

 

The position over the School Review has changed fairly rapidly in recent weeks and it may be helpful to clarify the following points:

 

·                    The draft proposals announced on 11 January were for the whole county and were for public consultation.

 

·                    Due to concern over the detail of the proposals raised by the public, the Leader announced the recall of this draft paper on 21 January.

 

·                    Dialogue with schools continues and is seen as vital and informative though the consultation is suspended.

 

·                    All written responses are being collated to inform future debate.

 

·                    The removal of surplus places in our education system remains an issue as it impacts upon the value for money and therefore the delivery of the curriculum is likely to be detrimentally affected.

 

·                    The letter from J Knight MP which was quoted in national press reminds local authorities of their duty to consider other factors before closing any rural school.  Officers are fully aware of this duty – which has not changed but it does not state that closure of rural schools is not possible, merely that due process and careful consideration must be given. 

 

·                    Next steps:

 

o                   Both the data analysis and the process will be examined by external experts in coming weeks.

 

o                   A Cabinet paper will be considered on 21 February 2008 to consider detailed next steps but it is anticipated that the next steps include:

 

§                     Further dialogue with schools / Diocese and key stakeholders.

 

§                     Draft proposals going to Cabinet and Scrutiny in September before then going out for public consultation on the overall pattern of school provision.

 

Therefore many of the specific questions today at Council may either have been dealt with by way of this statement or seem inappropriate now the proposals have been withdrawn.

 

 

 

5.1             In the light of the recent report to the Strategic Monitoring Committee on the May 2007 elections has the failure to properly issue postal votes and the fiasco of the missing ballot box been referred to the Electoral Commission?

 

ANSWER FROM DEPUTY RETURNING OFFICER

 

The Electoral Commission is an independent body which assists and supports Returning Officers.    The report to Strategic Monitoring Committee of the 21 January 2008 makes clear there was no missing ballot box.  A ballot box was delayed in being received at the count and the contents included in that count.  The issue of postal votes is a serious matter and one in which the Council is in dispute with its supplier.  Arrangements were made, although not satisfactory, to ensure those who had applied for a postal vote could exercise that vote.

 

The Electoral Commission does not have a statutory role to review the outcome of elections.  If a candidate or member of the public is unhappy with the election they have the right to present an “Election Petition” within 21 days after election day. No such election petition has been received and under Section 45 of the Representation of the People Act 1983 in the absence of a petition the election is good and fair.

 

It is important to note that the late introduction of legislation which came into force in January 2007 only allowed Electoral Registration three months to put in arrangements for secure postal voting.  This was a national problem not specific to Herefordshire and the action plan presented to the Strategic Monitoring Committee should address those difficulties for the future.

 

6.1       I have been a full time carer for my severely disabled husband for many years.

Government has allocated a Carers’ Grant to the Council for the past seven years (£772,000 for the year 2008/09) to be used in consultation with carers, primarily for carers’ respite.  There is no evidence that this has been done.

6.2       There have been no business plans for the use of the Carers’ Grant and, as yet, no evidence of any end of year returns.

      Why is there no business plan for the year 2008/09?

6.3              Having been alerted some time ago to this serious omission, why has action not been taken to ensure proper accountability of the Carers’ Grant 2008/09?

6.4       Who has overall and ultimate responsibility for agreeing and overseeing the use of the Carers’ Grant?

            ANSWERS FROM COUNCILLOR LO BARNETT, CABINET MEMBER  SOCIAL CARE ADULTS AND HEALTH

6.1             The Carers' Grant is fully used to provide support for carers, including respite - which is known as short breaks.  There are a number of processes that are involved in overseeing how this happens as detailed below.  It is true that in the past there has been insufficient involvement of carers in the planning of services and how they will be commissioned.  We have a number of initiatives underway, as outlined below, to address this.

 

6.2       The Carers' Grant is spent in line with the "Joint Commissioning Plan for Carers' Services 2007-2011.  This plan was approved by the Adult Commissioning Board which is a joint decision making body of both the PCT and Adult Social Care.  Membership of the Board includes the lead Councillor for adult services, the Chair of the Board of the PCT, the Director of Adult and Community Services, the Director of Commissioning from the PCT and a representative from the Alliance.

The Plan outlines the commissioning intentions.  A number of organisations are funded to provide services in line with those recommendations.  This is the only plan that the Council has in relation to the Carers' Grant.  The organisations that are funded will have their own business plans.

6.2             We have recognised that, in the past, we have not involved carers sufficiently in the planning of services.  There is considerable work underway this year to ensure that we make significant improvements.  This includes commissioning one organisation to establish a carers' hub, which will be a centre of advice and support, and will also be tasked with establishing a network to involve carers across the county.  We have also funded 2 additional posts - one to provided support for carers of adults with learning disabilities and the other, carers of those suffering from mental ill-health.  We have also given notice to those organisations funded to provide short breaks, that these services are to be re-commissioned with new contracts to be let in October 2008.  We intend to ensure that carers will be fully involved in the procurement process.

 

            The type and volume of service to be provided is outlined in the Service Level Agreements and contracts that the Council has agreed with the individual organisations.  The organisations provide information on who is receiving services to the Adult social care information section and this forms part of the evidence that is used in collating our performance against P.I.s relating to carers' support.  We have a carer's assessor post in each of the locality teams to ensure that carers have their needs assessed and that their need for services is matched with the services we are purchasing.  These arrangements are kept under review by a Service Design Group, which is multi-agency.

6.4       The Local Authority is accountable for the Grant - until this year the Grant was the responsibility of the Director of Adult and Community Services.  However from 2008-2009 this is one of the grants which will be part of the Area Based Grant.  It has been agreed that the allocation of the Grant for 2008/2009 will remain as it was for 2007/08 and any recommendations relating to changes in the way the Carers' Grant is to be used will have to be agreed by the Adult Commissioning Board.

 

7.1       Is the funding already in place, and guaranteed, to rebuild the Minster College, irrespective of proposed closures or amalgamations of other secondary schools in Herefordshire.

 

ANSWER FROM COUNCILLOR RJ PHILLIPS LEADER OF THE COUNCIL

 

Yes. The only remaining requirement is to inform Partnership for Schools of the preferred tender prior to letting a contract.

 

The Review should prepare for subsequent BSF investment, and the DCSF stated intention to replace another High School in authorities in later waves of BSF by 2015

 

 

 

8.1             How was a proposal with such far reaching consequences as the schools review had, allowed to be published with no provisions put in place to support the people most affected by them?  My children attend Clehonger School and as such had been threatened with closure.  The upset and distress this has caused them is beyond compare, as it was for the staff and parents.  No counselling has been offered to these children, that has been left to a demoralised set of teachers and supporters.

8.2             How were the council allowed to disrupt so many rural communities and devalue all parents by removing there choices?  Many parents have felt the need to move their children to other schools already so they are not forced to disrupt them in more critical years in their education.  This has left many schools with increasing rolls looking at a decreasing one now.

8.3             Following reports on the news today that the government are writing to councils reminding them that by law they should not be closing rural schools are Herefordshire Council planning to stand by this law and leave our rural schools alone?

 

ANSWER FROM COUNCILLOR RJ PHILLIPS LEADER OF THE COUNCIL

 

8.1       Head Teachers were asked to be mindful of the possible effects on children and young people and to handle the situation sensitively especially as these were draft proposals.  Schools being engaged with children and young people on a daily basis are in the best position to support them directly and there are systems in place where counselling can be sought if required.  It is unfortunate that some schools decided to engage children and young people at such an early stage in our discussions.

 

8.2       Parental preference remains a factor in the school admissions process which we have to be mindful of and work within though it is not always easy to predict and we cannot control it.  This means there are always going to be some variations and movements within the system. 

 

8.3       It is important to note that the Minister did not say that schools could not be closed but that as many options as possible are considered as part of any consultation process.  The Council would have to give serious consideration to such options. 

 

There are no statutory differences regarding schools.   Sections 15 and 16 of the Education and Inspections Act 2006 which sets out proposals for discontinuance of schools maintained by the Local Education Authority.  Section 16 of the Act provides for consultation to certain stakeholders in relation to rural schools, eg the parish council where the school is situated.  There is a general requirement to consult with such other persons as appear relevant. 

 

In relation to Herefordshire Schools the previous proposals sent out for consultation have been withdrawn.  The Council is carrying out further work and will present fresh proposals for consultation which it is anticipated will go to a meeting of Cabinet In September 2008 for approval.  Further consultation will begin at that point over any proposals. 

 

The position over the School Review has changed fairly rapidly in recent weeks and it may be helpful to clarify the following points:

 

·                    The draft proposals announced on 11 January were for the whole county and were for public consultation.

 

·                    Due to concern over the detail of the proposals raised by the public, the Leader announced the recall of this draft paper on 21 January.

 

·                    Dialogue with schools continues and is seen as vital and informative though the consultation is suspended.

 

·                    All written responses are being collated to inform future debate.

 

·                    The removal of surplus places in our education system remains an issue as it impacts upon the value for money and therefore the delivery of the curriculum is likely to be detrimentally affected.

 

·                    The letter from J Knight MP which was quoted in national press reminds local authorities of their duty to consider other factors before closing any rural school.  Officers are fully aware of this duty – which has not changed but it does not state that closure of rural schools is not possible, merely that due process and careful consideration must be given. 

 

·                    Next steps:

 

o                   Both the data analysis and the process will be examined by external experts in coming weeks.

 

o                   A Cabinet paper will be considered on 21 February 2008 to consider detailed next steps but it is anticipated that the next steps include:

 

§                     Further dialogue with schools / Diocese and key stakeholders.

 

§                     Draft proposals going to Cabinet and Scrutiny in September before then going out for public consultation on the overall pattern of school provision.

 

Therefore many of the specific questions today at Council may either have been dealt with by way of this statement or seem inappropriate now the proposals have been withdrawn.

 

 

9.1             What steps has the leader of the council taken to honour the pledges he gave at the full council meeting in November 2007, in his response to the Crookall report.  In particular:-

(a)       Have disciplinary measures been taken against the officers and councillors responsible for the failings identified in the Crookall report?

(b)       Has disciplinary action been taken against the person or persons who sanctioned trips to Paris at Council Taxpayers expense?

(c)        When will taxpayers know the result of the investigation into the press allegations of £1m of improperly paid expenses?

9.2       In the last fiscal year, what was the highest sum paid out in expenses to any one councillor?

9.3       Why did the council leader break the undertakings he gave in November 2007 regarding the future conduct of the council; by allowing proposals for the closure of schools to go forward and into the public domain without the council having first followed the rules laid down in statute?

9.4       If the leader was not responsible for the breach of statute, then who was?

9.5       Does the cabinet expect the public to believe that the member for Children’s Services and others were not fully aware of the content of the Schools Report and its implications well before it was presented at the seminar held on 11 January 2007?

 

ANSWER FROM HEAD OF LEGAL AND DEMOCRACTIC SERVICES

9.1          (a)-(b) I am afraid I cannot refer to the individuals involved but can assure you that the Council’s officers have followed the process in accordance with the Council’s disciplinary procedure.  The appropriate investigations have, or are in the process of taking place.

 (c)          There has never been an allegation by the press that there was £1 million of improperly paid expenses because this figure is totally incorrect.  In fact, the amount of disallowable expenses was less than £1,000.  At the time our internal reports stated this was unacceptable, and the Council has since taken strong action to ensure it never happens again.

9.2          In accordance with legislative requirements a notice of Councillor expenses was published in the Hereford Journal on the 4 July 2007.  Should you require an additional copy of the information this will be sent to you.

9.3&4     The Council have not broken the statutory rules.  The proposals for consultation were sent out prior to any formal statutory consultation.  The feedback from such proposals would have informed the statutory consultation when that occurred.  The Council considered the proposals needed further work and the current proposals have been withdrawn.  The Council will set out revised proposals for consultation once this work has been completed.  The Council would invite all those interested to set out their views and alternatives when those proposals are consulted upon.  This is part of the statutory consultation process.  A Cabinet report will be presented on the 21 February 2008 setting out the proposals and a timeline on consultation.

 

            ANSWER FROM COUNCILLOR RJ PHILLIPS, LEADER OF THE COUNCIL

9.5       Only the Leader and the Cabinet Member (Children’s Services) were advised of the Schools Review.

 

10.1    COUNCILLORS’ CORRESPONDENCE

 

(a)       What is the agreed procedure/policy when dealing with written enquires from the public?

 

(b)       Is there a set time limit for handling/ responding to correspondence?

 

(c)               Is it considered good practice for councillors to acknowledge correspondence sent to them?

 

ANSWER FROM COUNCILLOR JP FRENCH, CABINET MEMBER CORPORATE AND CUSTOMER SERVICES AND HUMAN RESOURCES

 

            There are no specific procedures/policies relating to the way in which Councillors deal with written enquiries from the public.  However, the Council expects that Members, on election, take responsibility and reply promptly to written enquiries from the public. 

 

The majority of Members respond promptly to correspondence.  The Members’ Support Office provide assistance to action this.  This will be reviewed as part of Members’ development.

 

There is not a set time limit for handling/responding to correspondence. Most Members will seek to do this within the structure set for officers, ie within 10 working days.   However, if a significant delay is envisaged it is acknowledged that it would be good practice for an interim response to be made.

 

Members of the public should normally address any questions or concerns to their local Ward Member in the first instance.  The details of all Wards and their Councillors are available on the Council website.  The questions maybe directed to the Council in respect of any advice or support from officers to enable a full response to such questions.

 

Members of the public can also submit correspondence by email to:

 

councillorservices@herefordshire.gov.uk

 

and such matters will be passed to the local Member concerned.