Agenda and minutes

Apologies had been received from Cllr Shaw.

In accordance with paragraph 2.6(a) of the Council’s Constitution, the following speakers addressed the Cabinet with regard to the following items:

Creation of a Regional Park:

·       Cllr Busuttil (nominated by Cllr Malcolm)

·       Cllr Gallant

2023/24 Quarter 1 Budget Monitoring Update:

·       Cllr Busuttil (nominated by Cllr Malcolm)

New Lido Facility in the Borough:

·       Cllr Busuttil (nominated by Cllr Malcolm)

·       Cllr Gallant

The meeting was held in a hybrid format with members and officers able to join the meeting remotely. However, regulations did not allow for members attending virtually to be counted as present in the attendance section of the minutes, and their attendance would not count as attendance in relation to section 85(1) of the Local Government Act 1972. Members attending virtually would be able to speak but would not be able to vote. Cllr Mahfouz attended the meeting virtually.

There were none.

The 2023/24 Quarter 1 Budget Monitoring Update Report had a confidential appendix which was exempt by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, however, this was not taken in private as it was not necessary to discuss the confidential information provided.

There were none.

To approve as a correct record the minutes of the meeting held on Wednesday 12 July 2023.

RESOLVED:

That the minutes of the cabinet meeting held on Wednesday12 July 2023 were agreed and signed as a true and correct record.

There were none.

RESOLVED:

That Cabinet:

I.                Agreed the Statement of Ambition and Vision Statement for a new regional park included at paragraph 4.7.

II.              Authorised the Strategic Director of Economy & Sustainability to commission consultants to develop the ambition, vision, objectives and business case for the creation of a regional park in Ealing to include a review of the of the future provision of the borough’s golf courses to understand the options for their future relationship with the regional park.

III.            Authorised revenue expenditure of up to £0.200m over the financial years 2023/24 and 2024/25, with a view to review of costs and capitalisation as part of approved capital programme budgets as the business case for the Regional Park is approved and proceeds, for the commissioning of consultants to deliver the brief set out in the above recommendation as highlighted in paragraph 6 of this report.

IV.            Authorised revenue expenditure of up to £0.160m over the financial years 2023/24 and 2024/25 for the cost of project support to include the appointment of an interim project director to support existing and future projects under the umbrella of the regional park including but not exclusively related to a new Lido facility (noting the Lido update report is on this same Cabinet Meeting agenda), a new cultural venue and the Gurnell Leisure Centre redevelopment. Revenue expenditure will be reviewed and capitalised as part of approved capital programme budgets when the business case for the Regional Park and other projects are approved and proceed.

V.              Agreed to the principle of a regional park in Ealing and further agrees that the vision and intention should be formally captured in a spatial policy within Regulation 19 of the Local Plan.

VI.            Agreed that a full consultation exercise be carried out, informed by a consultation plan, to establish detailed proposals for the future management of the park and ensure that they are co-created with key stakeholders

VII.          Agreed in principle to the closure of Perivale Park Golf Course in financial year 2023/24 subject to the outcome of the proposed consultation.

VIII.        Delegates authority to the Strategic Director of Economy & Sustainability following consultation with the Portfolio Holders for Climate Action and Thriving Communities to make any final decision to close Perivale Park Golf Course following consideration of the representations received as part of the consultation.

IX.            Authorised the expenditure of £0.075m over the financial years 2023/24 and 2024/25 to support a closure of Perivale Golf Course and for the rewilding and transformation of the golf course to park land, to be funded from the existing parks capital programme budgets, S106 and grant contributions.

X.              Authorised the Strategic Director of Economy & Sustainability to consult with the community on proposals for an amphitheatre style outdoor cultural venue, and where community support can be demonstrated, commence a process to appoint a partner to design, build and operate the outdoor cultural venue within the Regional Park.

XI.            Noted that in the Summer 2024 a further detailed report including a fully worked up financial business  ...  view the full minutes text for item 7.

RESOLVED:

That Cabinet:

I.                 Noted the estimated General Fund revenue budget outturn position of net £8.214m (2.87%) overspend for 2023/24 (section 4), and an overspend of £0.732m position on the Housing Revenue Account for 2023/24 (section 7).

II.               Noted the in-year Dedicated Schools Grant (DSG) deficit forecast of £3.049m to be charged to the DSG account (section 6).

III.             Noted the progress on delivering the 2023/24 savings programme (section 5).

IV.            Noted the 2023/24 capital programme forecast (paragraph 8.3).

V.              Approved the re-profiling of 2023/24 capital programme net slippage of over £1m of £204.280m (Appendix 2) into future years.

VI.            Approved the decommissioning of £148.252m of capital schemes, most significantly the reversal of budgets for the previous Perceval House redevelopment scheme, as outlined in section 8.5.

VII.          Approved an additional capital programme budget of £3.030m for the purchase of temporary accommodation, as outlined in section 8.8, to be funded by Local Authority Housing Fund (LAHF) Round 2 grant of £2.4m, and £0.630m of Homeless Prevention Grant balances.

VIII.        Approved an additional capital programme budget of £0.906m to the capital programme in relation to Gunnersbury Sports Hub, to be funded by £0.453m capital contribution from London Borough of Hounslow and £0.453 borrowing, as outlined at para 8.9.

IX.            Approved an increase to the HRA capital budget totalling £4.815m as outlined at section 8.10; £3.788m in relation to the Lexden Road housing scheme, and £1.027m in relation to the Northolt Grange housing scheme, and changes to the financing of these schemes.

X.              Delegated authority to the Strategic Director of Economy & Sustainability to award the Design and Build JCT contract for the construction of 92 new affordable homes at Northolt Grange approved by Cabinet in February 2023 for a revised total cost set out in Confidential Appendix 3.

REASONS FOR DECISION AND OPTIONS CONSIDERED:

To forecast the financial position for 2023/24 based on available information at the end of 30 June 2023. Cabinet reviewed the Council’s forecast position on revenue, capital, income, and expenditure to the end of Quarter 1.

RESOLVED:

That Cabinet:

I.                Reaffirmed the commitment to provide a new Lido facility within the borough in line with the Council Plan 2022-2026 commitment and agreed to the vision statement for the facility as shown at paragraph 3.1 of the report.

II.               Noted and agreed the longlist of sites which have been identified for the possible location of a Lido facility as summarised in Appendix 1 of the report.

III.             Authorised the Strategic Director of Economy and Sustainability following consultation with the Cabinet member for Thriving Communities to further explore the proposed long list of potential sites identified in Appendix 1 of the report (Lido Site Longlist) and to commission further, more detailed feasibility study work, including surveys, searches, procurement options and viability, to identify a preferred location.

IV.            Delegated authority to the Strategic Director of Economy and Sustainability following consultation with the Cabinet member for Thriving Communities to decide upon a shortlisted site.

V.              Approved a revenue budget of up to £0.250m for the purposes of commissioning the activity outlined at paragraphs III and IV.

VI.            Noted that a Sounding Board was to be established, with membership consisting of key stakeholders to support and assist in steering the future direction of the project.

REASONS FOR DECISION AND OPTIONS CONSIDERED

1.     Provision of a new Lido facility in the borough was an objective set out in the Council Plan 2022 – 2026. Cabinet considered the report which set out a recommended vision for the project in the context of the strategic objectives as set out in the Council Plan and sought a basis on which to take the project forward for further feasibility work and analysis. The proposed vision for the facility would be to create a new outdoor swimming facility in Ealing which was inclusive, family orientated, promoted health and wellbeing and had sustainability at the heart.

2.     The Ealing Indoor and Outdoor Sports Facility Strategy and Action Plan 2022 – 31, produced in line with Sport England’s latest guidance provided an accurate and robust evidence base to inform Planning policy decisions regarding the protection, enhancement and provision of existing and future indoor and outdoor sports facilities providing an understanding of the best location(s) for any new facilities. By following Sport England’s assessment process, this strategic document identified that the existing indoor and outdoor sports facility supply in Ealing fell below the needs of the existing population as evidenced by the projects identified across the borough.

a.     As with other sports facilities, swimming pool provision was reviewed and an assessment made of the existing and potential future supply and demand of indoor swimming facilities; current and future trends in participation were also considered as well as the views of National Governing Bodies of Sport and local sports clubs. The assessment showed that Ealing had a current and future need for more indoor water space, the level of which supported the need for new and enhanced swimming pool facilities at both Gurnell and Dormers Wells Leisure Centres; even with these  ...  view the full minutes text for item 9.

RESOLVED:

That Cabinet:

I.                Noted the final report of the scrutiny panel 1 2022/23 – Tackling the cost of living crisis

II.              Accepted the scrutiny panel’s recommendations in section 13 of the final report

III.            Identified whether further information or advice was required from council officers on any of the recommendations before cabinet could take a decision about accepting or rejecting these

IV.            Directed council officers to produce/or finalise an action plan within an agreed timescale on those recommendations that are agreed by cabinet.

REASONS FOR DECISION AND OPTIONS CONSIDERED:

1.     Scrutiny panels had a role in improving decision-making and service delivery through effective scrutiny. It was important that recommendations from scrutiny panels were taken forward in a timely manner and in accordance with the Council’s Constitution if the scrutiny function was to be effective. The scrutiny and executive protocol identified the timescale for cabinet to respond to scrutiny panel recommendations. This decision meant that the response was made in a timely manner and that services can implement the accepted recommendations.

RESOLVED:

That Cabinet:

I.                 Noted the final report of the health and adult social services standing scrutiny panel 2022-23

II.               Accepted the scrutiny panel’s recommendations in section 7 of the final report

III.             Identified whether further information or advice was required from council officers on any of the recommendations before cabinet could take a decision about accepting or rejecting these

IV.            Directed council officers to produce/or finalise an action plan within an agreed timescale on those recommendations that are agreed by cabinet.

V.              Thanked Cllr D Crawford for his service as Chair to the Health and Adult Social Services Standing Scrutiny Panel for the past seven years.

REASONS FOR DECISION AND OPTIONS CONSIDERED:

1.     Scrutiny panels had a role in improving decision-making and service delivery through effective scrutiny. It was important that recommendations from scrutiny panels were taken forward in a timely manner and in accordance with the Council’s Constitution if the scrutiny function was to be effective. The scrutiny and executive protocol identified the timescale for cabinet to respond to scrutiny panel recommendations. This decision meant that the response was made in a timely manner and that services can implement the accepted recommendations.

RESOLVED:

That Cabinet:

I.                Noted the findings of the Local Government and Social Care Ombudsman (LGO), attached as Appendix 1 to this report;

II.               Noted that the Council accepted the recommendations and has issued an apology to the complainants and paid £3,400 as suggested by the LGO as a remedy;

III.             Noted that the other recommendations the LGO had made had either been completed or were underway.

REASONS FOR DECISION AND OPTIONS CONSIDERED

The LGO completed its investigation into a complaint made against the Council in June 2023. Cabinet considered the full details of the complaint and the LGO’s findings as they were found in appendix 1 of the report.

In summary, the household had approached the Council for assistance with housing. The Council accepted it had a housing duty to the household under the relevant homelessness legislation. The household was provided with temporary accommodation in 2016, which was a 10th floor flat. The household reported disrepair to the Council in May 2021 and despite subsequent repairs undertaken by the Council, the primary matter of leaks from the communal roof did not stop and the household were placed on the Temporary Accommodation (TA) Transfer List to move to alternative accommodation. A suitability review was completed by the Housing Demand Department in January 2022 which confirmed the property was unsuitable due to disrepair.

The LGO found fault in that the Council delayed moving the household who lived in unsuitable TA for longer than necessary which the household considered was detrimental to their health. The management of TA transfer cases was in accordance with the TA Placement Policy, which set out the priority principles for each case to be considered based on their current housing circumstances, similar to the Housing Allocation Policy and how social housing was allocated. In this case, the priority level was assessed as Band 3 of the TA Placement Policy, based on a scale of Band A (highest priority) to Band E (lowest priority). The household were awarded Band C on the grounds their current accommodation was not suitable. In similar cases, the repair works could sometimes be undertaken with the household in situ, once completed, the household do not need to move and would be removed from the transfer list as considered suitably housed, but in this case the household needed to move to allow the roof works to be undertaken.

As new TA units became available, the TA Allocations Team considered transfer cases on their housing needs and the available property and offered to the highest priority transfer case (who had been waiting the longest within that band). This household were moved to alternative TA in October 2022, with the delay being because of the shortage of available 3-bedroom properties to offer and the duty to move other households with higher housing needs before this household.

The current housing crisis in London and across England was well documented, with a substantial decrease in private properties becoming available to let, alongside the substantial increases in rent levels  ...  view the full minutes text for item 12.

RESOLVED:

That cabinet:

I.                 Noted that Ealing Council, as accountable body on behalf of the West London Alliance (WLA), was going to lead on the sponsorship, procurement and commissioning of the devolved Universal Support Programme in West London.

II.               Authorised the Director of WLA, following consultation with the Strategic Director of Resources and the Director of Legal and Democratic Services, to take all necessary steps with DWP, Treasury, GLA, DLUHC and other boroughs and bodies to enter into necessary agreements on behalf of the London Borough of Ealing to enable the continuation of the current devolution to London for employment support programmes, including, the Universal Support Programme.

III.             Authorised the Director of WLA, following consultation with the Strategic Director of Resources and the Director of Legal and Democratic Services, to enter into a funding agreement for £35m - £50m, with DWP, Treasury, or DLUHC to fund the provision of the Universal Support Programme across the 7 WLA boroughs.

IV.            Authorised the Director of WLA to invite and evaluate tenders on behalf of the London Borough of Ealing for a contract for the provision of job search services for unemployed, sick and disabled people across the WLA who met the criteria of the Universal Support Programme, with the procurement being carried out using either a competitive dialogue process or a competitive procedure with negotiation and in compliance with Ealing Council’s Contract Procedure Rules.

V.              Authorised the Director of WLA, following consultation with the Strategic Director of Resources and the Director of Legal and Democratic Services to submit bids for grants and funding; and enter into such agreements on behalf of the London Borough of Ealing as necessary with Treasury, DWP, JCP, GLA, DLUHC; other councils of the WLA or London Councils in relation to other funding that could be available to support the programme.

VI.            Delegated authority to the Director of WLA to award a contract to the bidder with the most advantageous tender received pursuant to the procurement exercise referred to in decision IV.

VII.          Authorised Ealing to act as lead authority on behalf of WLA participating boroughs to jointly develop and procure a Dynamic Purchasing System (DPS) under the light touch regime flexibilities permitted by the Public Contracts Regulations 2015 (as amended) (to include inviting and evaluating tenders from providers applying to join the DPS or framework) for the additional LDMH care home provision lot. LDMH services was going to be procured as an additional ‘lot’ on the supported living tender which was approved on 19 April 2023 Cabinet Meeting. The arrangement was going to be for an initial contract term of 4 years with option to extend for a further 4 years with an initial value of up to £628 million for the first 4-year period and £1.3 billion for 8 years (spend figures for the entire contract include both lots). London Borough of Ealing’s estimated annual spend was c £25m annually; £100m over the first 4 years and £200m for 8 years on LDMH care homes through  ...  view the full minutes text for item 13.

RESOLVED:

That Cabinet:

I.                Approved London Borough of Ealing entering a new Partnership Agreement with NHS North West London Integrated Care Board (NHS NWL ICB) under Section 75 of the National Health Service Act 2006, for the delivery of pooled budgets relating to the commissioning of health and wellbeing, social care, and education services for the population of Ealing, commencing 1st April 2023 for a period of 12 months, plus an option to extend for another term of 12 months. The value of the Agreement was approximately £143 million per annum.

II.               Delegated authority to the Strategic Director Adults and Public Health, Strategic Director Children’s Services, following consultation with the Strategic Director of Resources and Director of Legal Services and Democratic Services to finalise and complete the Partnership Agreement and other associated documents with NHS NWL ICB.

III.             Delegated authority to the Strategic Director Adults and Public Health, Strategic Director Children’s Services, following consultation with the Strategic Director of Resources and Director of Legal Services and Democratic Services to extend the Partnership Agreement, to agree amendments and variations to the associated Service Schedules; subject to consultation with the Lead Member for Health Lives and Lead Member for Fairer Start.

IV.            Noted that Part 2 of the Partnership Agreement was going to contain Service Schedules the contents of which were listed in section 3 and that some Schedules provided for the exercise of ICB functions by the Council.

V.              Noted Health and Wellbeing Areas were required under the national conditions of the Better Care Fund (BCF) to establish a Section 75 Agreement for pooled budgets no later than 31st October 2023.

REASONS FOR DECISION AND OPTION CONSIDERED:

1.     The London Borough of Ealing and NHS NWL ICB (formerly known as Ealing Clinical Commissioning Group or CCG) had long established integrated commissioning arrangements. Cabinet first approved the Partnership Agreement in November 2015, this was extended in 2021 for a term of two financial years (1st April 2021 to 31st March 2023) due to the impact of COVID-19 and uncertainty with the structural reorganisation within the NHS.

2.     As part of BCF Planning Framework 2023 - 2025, local areas were mandated to have in place agreed and signed Section 75 Agreements no later than 31st October 2023.

3.     There was no alternative option to the Partnership Agreement, as it would impact the availability of approximately £40 million NHS funds to support the local health and social care system in Ealing. This was also going to impact the £3,724,468 Disabled Facilities Grant (DFG), £1,777,649 Adult Social Care Discharge Fund and £12,679,522 improved BCF (iBCF). The receipt of these grants was reliant upon a BCF plan that met national conditions, of which an established Section 75 Partnership Agreement was one.

The next meeting is scheduled for Thursday 12 October 2023.

The next meeting was scheduled for Thursday 12 October 2023.