Agenda and minutes

Apologies for absence were received from Ray James (Director of Health, Housing and Adult Social Care) and Neil Rousell (Director of Regeneration, Leisure and Culture).

There were no declarations of interest registered in respect of any items on the agenda.

NOTED, that the reports listed on the agenda had been circulated in accordance with the requirements of the Council’s Constitution and the Local Authorities (Executive Arrangements) (Access to Information and Meetings) (England) Regulations 2012. These requirements state that agendas and reports should be circulated at least 5 clear days in advance of meetings.

Councillor Doug Taylor (Leader of the Council) took this opportunity to raise an urgent item for Members’ attention in relation to Chase Farm Hospital following the Council’s decision to seek a judicial review which had been heard in the High Court last week.

Judgement in the Council’s claim for judicial review of the Clinical Commissioning Group’s decision to close the A&E department at Chase Farm hospital, without implementing the necessary improvements in primary care, refused permission for judicial review and dismissed the Council’s claim as unarguable. The judgement had concluded that: “Enfield has fought the good fight to save the A&E department at Chase Farm from closure for several years, and I appreciate that the Council genuinely believes that it would be in the interests of those they represent for the department to remain open. But in legal terms that fight has reached the end of the road. I have come to the conclusion that the Council has no arguable case for judicial review. I refuse permission and dismiss the claim.”

Members were advised that an appeal against the decision would have to be filed with the Court of Appeal within a strict timeframe of 7 days. Counsel’s view had been sought and it was felt that the Court of Appeal was unlikely to grant permission to appeal for a variety of reasons.

The likelihood of the Court of Appeal considering the Council’s appeal and hearing the Council’s claim before 9 December 2013 – the date when the closure was scheduled to take effect – was virtually nil. This meant that the Council would be likely to have to seek injunctive relief to keep the A&E open pending any appeal and provide an undertaking in damages which the defendants had indicated would be in the region of £1.1m per month for Barnet and Chase Farm Hospital Trust and £1.85m per month for North Middlesex University Hospital.

The comments of Councillor Anne-Marie Pearce and Councillor Michael Lavender (Leader of the Opposition) were sought. Members’ continuing concerns were expressed for the residents’ of the Borough and the view expressed that the Council should use its effective health scrutiny function to monitor and continue to ensure that the required health services in the Borough were in place. Councillor Lavender highlighted the desire for political agreement on the way forward. The Conservative Group had supported the Council’s decision to seek a judicial review but it now recognised the clear advice from Counsel that an appeal was unlikely to be successful. If the Council decided not to appeal the Conservative Group would support this decision. All Members of the Council would seek to secure better primary care services  ...  view the full minutes text for item 3.

NOTED that no requests for deputations (with or without petitions) had been received for presentation to this Cabinet meeting.

To confirm that the following item be referred to full Council:

1.          Report No.114 – Updated Property Procedure Rules

AGREED that the following item be referred to full Council:

1.     Report No.114 – Updated Property Procedure Rules

A report from the Director of Finance, Resources and Customer Services is attached. This sets out the Council’s revenue budget monitoring position based on information to the end of September 2013. It also provides an update on the progress made to date in balancing the Medium Term Financial Plan as well as the plans for budget consultation. (Key decision – reference numbers 3758/3760)

                    (Report No.112)

(8.20 – 8.25 pm)

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Finance, Resources and Customer Services (No.112) setting out the Council’s revenue budget monitoring position based on information to the end of September 2013.

NOTED

1.               That the report updated Cabinet on the progress made to date in balancing the Medium Term Financial Plan as well as the plans for budget consultation;

2.               That Table 2 of the report set out the forecast outturn table, net controllable budget/projected outturn. Section 5 of the report detailed the departmental monitoring information in relation to budget pressures and projected savings.

3.               The current position with regard to the achievement of savings in 2013/14 as set out in section 8 of the report. 95% of savings were classified as blue or green (on course for full achievement) and Appendix 1 to the report provided supporting information for the amber/red savings.

4.               The current position and projected future funding levels and savings required as set out in section 10 of the report. Significant savings were projected over the next four years.

5.               That the latest monitoring report confirmed that there had been no deterioration in the financial position of the Authority.

Alternative Options Considered: Not applicable to this report.

DECISION: The Cabinet agreed to

1.               Note the £0.769m overspend revenue outturn projection.

2.               Direct departments reporting pressures to formulate and implement action plans to ensure that they remain within budget in 2013/14.

3.               Note the progress made to date in the preparation of the 2014/15 budget.

4.               Delegate responsibility for determining the manner of informing and consulting with Scrutiny Panels on the 2014/15 Budget to the Cabinet Member for Finance and Property in consultation with the Director of Finance, Resources and Customer Services.

5.               Agree the new savings proposals for 2014-15 set out in Appendix 2 to the report.

Reason: To ensure that Members were aware of the projected budgetary position for the Authority for the current and future years including all major budget pressures and underspends which had contributed to the present monthly position and that were likely to affect the Council’s finances over the period of the Medium Term Financial Plan. The recommendations if approved would allow the Authority to move forward with the development of the 2014-15 budget and Medium Term Financial Plan.

(Key decision – reference number 3758/3760)

A report from the Director of Finance, Resources and Customer Services is attached. This informs Members of the current position up to the end of September regarding the Council’s Capital Programme (2013-17). (Key decision – reference number 3759)

(Report No.113)

(8.25 – 8.30 pm)

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Finance, Resources and Customer Services (No.113) informing Members of the current position up to the end of September regarding the Council’s Capital Programme (2013-17) taking into account the latest information for all capital schemes including the funding arrangements.

NOTED

1.               That the report showed that the overall expenditure was projected to be £81.2m for the General fund and £60.3m for the Housing Revenue Account for 2013/14. The overall capital programme over the next 4 years was projected to be approximately £500m as detailed in Appendix A of the report.

2.               That there had been a number of changes to the 2013/14 capital budget which were summarised in section 4 of the report. Members noted the innovative schemes included within the programme.

3.               In response to a query raised by Councillor Taylor with reference to Table 1 of the report – Environment – 13/14 Town Park (reinstate the boating lake) it was noted that a water feature was being created rather than a boating lake. The wording of this item would be amended in future reports to avoid confusion.

Alternative Options Considered: Not applicable to this report.

DECISION: The Cabinet agreed

1.               The updated four year programme including proposed reductions subject to indicative estimates included in 2015/17 (as detailed in Section 4 of the report).

2.               The additions to the General Fund Capital Programme totalling £2.079m in 2013/14 (Table 1 – to be funded from grants and earmarked resources) and noted that this would not increase capital financing costs.

Reason: To inform Members of the current position regarding the Council’s Capital Programme (2013-17)

(Key decision – reference number 3759)

Post meeting note: Following clarification, the total figure to agree for additions to the General Fund Capital Programme in 2013/14 should read £2.079m in 2013/14, as detailed in Table 1 of the report and reflected in decision 2 above. The figure stated in recommendation 2 of the report of £3.691m was incorrect.

A report from the Director of Finance, Resources and Customer Services is attached. This seeks endorsement of the updated Property Procedure Rules for recommendation to full Council. (Non key)

(Report No.114)

(8.30 – 8.35 pm)

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Finance, Resources and Customer Services (No.114) presenting updated Property Procedure Rules for recommendation to full Council for approval.

NOTED

1.               That the report had been considered and endorsed by the Audit Committee at its meeting on 7 November 2013.

2.               That the report was commended to Members. The updated Property Procedure Rules would strengthen existing procedures. Members noted paragraph 3.2 of the report setting out the circumstances in which any transaction could be entered into.

3.               The proposal to establish two new “boards” as detailed in section 4.6 of the report, namely the Corporate Asset Management Group and the Asset Performance Group.

4.               The financial implications as set out in section 7.1 of the report.

Alternative Options Considered: NOTED that two alternative options had been considered: to retain the existing rules; and, not to publish the rules as part of the Council’s Constitution and maintain them as departmental operational procedures. Section 5 of the report set out the detail of the options which had been considered.

DECISION: The Cabinet agreed to endorse

1.               The updated Property Procedure Rules.

2.               The establishment of the Corporate Asset Management Group.

RECOMMENDED TO COUNCIL, subject to any comments from Audit Committee, to approve the updated Property Procedure Rules and replace the current rules in the Council’s Constitution.

Reason: Generally, the new Rules aimed to provide a fair, transparent and consistent basis for property related decision-making. The revised Rules would provide a more streamlined process for decisions around the Council’s property matters. Section 6 of the report referred.

(Non key)

A report from the Director of Health, Housing and Adult Social Care is attached. This presents a Housing Revenue Account (HRA) Tenancy Policy and a HRA Rent Setting Policy for the Council. (Key decision – reference number 3735)

(Report No.115)

(8.35 – 8.40 pm)

Councillor Ahmet Oykener (Cabinet Member for Housing) introduced the report of the Director of Health, Housing and Adult Social Care (No.115) presenting a Housing Revenue Account (HRA) Tenancy Policy and a Housing Revenue Account (HRA) Rent Setting Policy for the Council.

NOTED

1.               The background to Enfield’s Tenancy Strategy as set out in section 3 of the report. The Tenancy Policy proposed no changes to current policy and practice. The Council did not currently propose to offer fixed term tenancies to its HRA tenants. The Council wanted to build strong and stable neighbourhoods.

2.               The detail of Enfield’s HRA rent setting policy as outlined in section 3 of the report. The majority of rents would be charged in line with the National Social Rent Policy, as detailed in the report.

3.               That it was proposed to review both policies on an annual basis.

4.               Councillor Orhan questioned the implications for the tenants of Ponders End following a recent tenants’ meeting. Reassurances had been provided to the tenants concerned by Councillor Oykener and there were no outstanding issues with regard to this policy document.

Alternative Options Considered: The Council was required by its own Tenancy Strategy, and by law, to publish a Tenancy Policy. It was also good practice to publish a Rent Setting Policy. Section 4 of the report referred.

DECISION: The Cabinet

1.               Agreed the HRA Tenancy Policy and the HRA Rent Setting Policy as appended to the report as appendices A and B.

2.               Noted the proposal to review both policies on an annual basis.

Reason: To agree the HRA Tenancy Policy and Rent Setting Policy. To review the two policies annually so that they remain current and reflect the Council’s ambitions around maximising the delivery of affordable housing.

(Key decision – reference number 3735)

A report from the Director of Health, Housing and Adult Social Care and Director of Finance, Resources and Customer Services is attached. This seeks approval of the framework, which sets out the models and finance options for the purchase of properties. (Key decision – reference number 3808)

(Report No.116)

(8.40 – 8.45 pm)

Councillor Ahmet Oykener (Cabinet Member for Housing) introduced the report of the Director of Finance, Resources and Customer Services and Director of Health, Housing and Adult Social Care (No.116) setting out the potential models and finance options for the purchase of properties.

NOTED

1.               That the demand for housing in Enfield was continuing to increase with particular pressures for temporary accommodation and private sector leasing, as set out in the report. In order to meet housing needs a framework of finance options had been produced, for consideration when determining the finance route for future projects and programmes involving the purchase of properties or the development of new homes. The framework essentially had four different purchase structures: Council owned; local authority company owned; a joint venture, either a company with both local authority and private interest or; private ownership, as outlined in the report.

2.               That a decision about the most appropriate investment model and finance stream would need to be taken for individual schemes.

Alternative Options Considered: Consideration had also been given to other forms of commercial loans, which were more complex than Public Works Loan Board (PWLB) but could offer a number of different options. Typically loans were very long term, for example up to 60 years and the interest rate was fixed. The lender was also able to call on the facilities at pre-determined future dates, such as every five years, and propose or impose a new fixed rate for the remaining term, so the borrower either needs to pay this increase rate or repay the loan at that junction. Enfield had not used this form of borrowing to date as this was considered to favour the lender too much and could expose local authorities to significant finance risk. Since 2008 these types of loans had become very rare. Enfield’s Housing Strategy (2012-2027) set out a number of other options and interventions the Council was planning to respond to challenges around housing. This investment framework would complement the wider preventative initiatives already planned.

DECISION: The Cabinet agreed to

1.               Approve the framework, which set out the models and finance options for the purchase of properties.

2.               Note that the most appropriate model and finance stream would vary depending on the individual requirements of particular projects and target population, and an assessment of risk and opportunities would need to be considered for all projects in selecting the most appropriate model.

3.               Note that decisions about the most appropriate option from the framework would be made for individual projects in line with the Council’s scheme of delegation, for example through a Cabinet or an appropriate Cabinet Member(s) decision.

Reason: There was a shortage of high quality housing in the borough with secure longer term leases and demand for accommodation across all tenures was continuing to grow. This provided a framework of funding options to be considered against the requirements of particular projects and programmes. The framework set the strategic framework for development and/or acquisition of properties. The merits and limitations  ...  view the full minutes text for item 10.

A report from the Director of Finance, Resources and Customer Services is attached. This seeks approval to award the contract to the recommended bidders. (Report No.118, agenda part two also refers) (Key decision – reference number 3810)

(Report No.117)

(8.45 – 8.50 pm)

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Finance, Resources and Customer Services (No.117) seeking approval to award the Council’s Insurance Contract.

NOTED

1.               That Report No.118 also referred as detailed in Minute No.21 below:

2.               That the external insurance contract was due to expire on 31 March 2014. The Council had recently reviewed its insurance arrangements and had commenced a tender exercise to procure a new contract, to begin on 1 April 2014.

Alternative Options Considered: NOTED the alternative options which had been considered as detailed in section 4 of the report, in relation to total self-insurance; joint procurement; and, insurance services framework agreement.

DECISION: The Cabinet agreed to

1.               Award the contract to the recommended bidders as detailed in paragraph 3.4.3 of Report No.118, Minute No.21 below refers.

2.               Note the savings achieved through this tender exercise.

Reason: To ensure that the Council complies with legislative requirements and that adequate financial protection for the Council exists in the event of a major loss.

(Key decision – reference number 3810)

There are no issues for consideration at this meeting.

NOTED that no issues had been raised for consideration at this meeting.

Attached for information is a provisional list of items scheduled for future Cabinet meetings.

NOTED the provisional list of items scheduled for future Cabinet meetings.

NOTED that the Notice of Key Decisions List was due to be published on 29 November 2013, this would be effective from 1 January 2014.

AGREED that the minutes of the previous meeting of the Cabinet held on 16 October 2013 be confirmed and signed by the Chairman as a correct record.

To receive, for information, the minutes of a meeting of the Policy Cabinet Sub-Committee held on 2 October 2013.

NOTED the minutes of a meeting of the Policy Cabinet Sub-Committee held on 2 October 2013.

To receive, for information, the minutes of a meeting of the Enfield Residents’ Priority Fund Cabinet Sub-Committee held on 10 October 2013.

NOTED the minutes of a meeting of the Enfield Residents’ Priority Fund Cabinet Sub-Committee held on 10 October 2013.

There are no written updates to be received at this meeting.

NOTED that

1.               there were no written updates to be received.

2.               an Enfield Strategic Partnership Conference had been held earlier that day. A number of issues had been considered including child and family poverty and public health issues. Members asked that a report be presented to the next Cabinet meeting highlighting the key issues which had been considered for discussion by Cabinet.

To note that the next meeting of the Cabinet is scheduled to take place on Wednesday 11 December 2013 at 8.15pm.

NOTED that the next meeting of the Cabinet was scheduled to take place on Wednesday 11 December 2013 at 8.15pm.

RESOLVED in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the item of business listed on part 2 of the agenda on the grounds that it involves the likely disclosure of confidential information as defined in Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

A report from the Director of Finance, Resources and Customer Services is attached. This should be read in conjunction with Report No.117, agenda part one refers. (Key decision – reference number 3810)

(Report No.118)

(9.00 – 9.05 pm)

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Finance, Resources and Customer Services (No.118).

NOTED

1.               That Report No.117 also referred as detailed in Minute No.11 above.

2.               The detailed tender expressions and evaluation for each element of the insurance contract including terrorism cover as set out in full in section 3 of the report. Members discussed the proposed insurance arrangements and the terms of the Council’s liability.

3.               That the recommended bid was for a 5 year contract duration subject to an annual review. It was good practice to review the Council’s insurance arrangements on a regular basis.

Alternative Options Considered: As detailed in Report No.117, Minute No.11 above refers.

DECISION: The Cabinet agreed to

1.               Note the outcome of the bids received and evaluation, and agreed the award of the contracts to the bidders as shown in paragraph 3.4.3 of the report;

2.               Delegate authority to the Cabinet Member for Finance and Property, in consultation with the Director of Finance, Resources and Customer Services, to approve any minor variations to the policies prior to the contract award.

Reason: As detailed in Report No.117, Minute No.11 above refers.

(Key decision – reference number 3810)