Agenda and minutes

Apologies were received from Mrs Joan McConnell, Mrs Karen Nicholson and Mr Michael Youlton. Retrospective apologies were offered by Cllr. Alexa Michael for illness on the evening

Prior to commencing the meeting, the Chairman thanked the previous CYP PDS Chairman, Councillor Robert Evans, who had led the Committee for the previous four years.  The Committee wished Councillor Evans well in his new role as Adult and Community Portfolio Holder.

The Chairman also paid tribute to Dr. George Searle, Assistant Director (Learning and Achievement) and Lead Officer to the Children and Young People PDS Committee for many years.  Dr. Searle would be retiring in the next week after 9 years with the authority and the Committee expressed thanks for the support provided by Dr. Searle and wished him a long and happy retirement. 

The Committee welcomed Ms. Terri Walters, Assistant Director (Strategy and Performance) who would be replacing Dr. Searle as lead officer for the PDS Committee.

Councillor Stephen Wells declared that he was a Governor at Worsley Bridge Primary School and as a prospective Governor of Bromley Road Infants School. 

Councillor Diana MacMull declared that she was a Governor at Langley Park School for Girls’ and the Council’s representative on Bromley Y. 

Councillor Judi Ellis declared that she was a Governor at Midfield Primary School and Gray’s Farm Primary School, where she was also Chairman of the Finance and Personnel Committee.  Councillor Ellis also declared that her son worked as a Primary School teacher in the Borough.

Mrs Alison Regester, the Pre-School Settings and Early Years representative, declared that she ran a private day nursery in the Borough and was a representative on the Schools’ Forum. 

Councillor Neil Reddin declared that he was a Governor at St Olaves School and that he had a child at a pre school in the Borough. 

Mr Brian James declared that he was a Parent Gov at Riverside School; a Community Governor at Parkwood Hall (out of Borough) as well as a Trustee of Friends of Parkwood; a Foundation Governor at Nash College - Livability; a Trustee and Chairman of Family Link ( Mr James declared that his wife was also a Trustee); a Trustee  of Advocacy for All (formerly BBA);  a LBB Foster Carer and BSAP (Adults) Carer Mr James declared his wife also carried out this role); and finally, Mr James declared that he was the father of adult son attending Bromley College and in LBB Supported Living.

Councillor Ernest Noad declared that his wife worked for Welcare in Bromley as a part-time Finance Officer. 

Councillor Lydia Buttinger declared that she was a Governor at Blenheim Primary School. 

Councillor Ian Payne declared that he was a Governor at Edgebury Primary School. 

Mrs Nancy Thompson declared that she was the Chairman of Governors at Blenheim Primary School. 

Father Owen Higgs declared that he was the Chairman of Governors at St Georges Primary School and that he was also the Chairman of St Georges Parish Church Council. 

Councillor John Getgood declared that he was a Governor at Alexandra Junior School and Kelsey Park Sports College.

To hear questions to the Committee received in writing by the Democratic Services Team by 5pm on Friday 8^th July 2011 and to respond.

No questions were received.

There were no issues raised regarding the Minutes nor any matters arising not addressed elsewhere on the Agenda

RESOLVED that the minutes from the meeting held on 3^rd May 2011 be agreed.

To hear questions to the Children and Young People Portfolio Holder received in writing by the Democratic Services Team by 5pm on Friday 8^th July 2011 and to respond.

No questions were received.

The Committee to receive an update from the Portfolio Holder and to note decisions taken since the last meeting.

The Chairman reported that this item had been added following discussions with the Portfolio Holder and would allow the Portfolio Holder to raise particular issues of which he felt the Committee should be aware.

The Portfolio Holder reported that he had nothing particular to raise at this meeting however, he would make use of the item in the future.

The Committee noted decisions taken by the Portfolio Holder since the last meeting on 3^rd May 2011.

Report DCYP11076

The Committee considered a report updating Members on progress during Quarter 4 (January to March 2011) and presenting an end of year account on performance against the key actions and indicators for Children and Young People Services in Bromley.

The Chairman questioned why the indicator for underage conceptions was included, as the changes reported were simply natural statistical variations and did not demonstrate a measurable improvement.  The Performance and Statistics Manager reported that this indicator had been chosen as it had previously formed part of an Ofsted assessment.  This was no longer the case and in future more pertinent measures would be selected. The continuing measurement of some indicators would be reviewed where the relevance and usefulness of same was questionable.

Following discussions Members of the Committee expressed the view that where specific targets were indicators that the Local Authority was measured against, the Committee should undertake its scrutiny role, reviewing progress and identifying areas for investment and improvement.

Dr Jenny Selway reported that, as part of the strategy to reduce teenage pregnancy, attempts were being made to communicate with young people using social media, as recent studies had shown that communication via this medium had led to improved measurable benefits.

The Performance and Statistics Manager clarified that the recording error referred to in paragraph 3.19 had occurred as a result of the two social work teams being based at different sites and using slightly different methods to record data.  Now the teams had been brought together in one location, data was being recorded in the same way and any inconsistencies in recording re-referrals had been resolved.

A Member of the Committee noted that whist there had been a significant increase in the percentage of initial assessments carried out within timescale; almost half of the cases were still missing the targets.  The Assistant Director (Safeguarding and Social Care) reported that there had been further improvements since the statistics had been complied and 74% of initial assessments had been carried out within timescale.  The Committee expressed the hope that this improvement was now a trend. The Chairman expressed the concern that the needs and safety of the child in each case would not be detrimentally overshadowed by any desire to meet tick-box target driven percentages simply to attain certain Inspection criteria.

The Director CYP reminded the Committee that the Executive had established the Safeguarding and Corporate Parenting Executive Working Party to monitor the data surrounding children’s social care.  The Working Party met a minimum of three times a year and was chaired by the CYP Portfolio Holder.

Another Member of the Committee suggested that it may be helpful if there could be references within the report when issues had previously been considered by the Committee.  This would allow newer Members of the Committee to review earlier reports and identify issues that had previously been considered.

The Committee considered the issue of attainment in depth.  A Member noted that the Local Authority was failing to narrow the gap between the  ...  view the full minutes text for item 7.

The Children and Young People Portfolio Holder to present scheduled reports for pre-decision scrutiny on matters where he is minded to make decisions.

Report DCYP11085

The Committee considered a report providing an update on the Academy Programme, developments within Bromley and the potential strategic implications for Bromley Council.  The Chairman provided an introduction and then asked the Director CYP to provide a strategic overview of the issues outlined in the report.

The Director CYP stressed that the reform agenda was changing on a daily basis.  The reforms being introduced represented a significant change which Local Authorities would be required to manage on a local level.  These changes were highlighted in paragraphs 5.4 and 5.7 of the Director’s report.  The Director CYP reported that a number of the Borough’s primary schools continued to deliberate their position regarding academy status and this led to a degree of uncertainty for the Local Authority.  Following the joint letter sent by the Portfolio Holder and the Director to the Chairmen of Governors  of Primary Schools the Department now had a basis on which to describe in clearer terms the range of statutory and sold services the  Local Authority would be able to provide, as well as further develop the sold services model.

Sold Services would be further discussed at the next meeting of the PDS

Following a question, the Director CYP clarified that the Local Authority would continue to be responsible for the planning and placement of school places for children resident in the Borough, irrespective of the status of the school.

The Director CYP also reported that following the meeting with Lord Hill at the DfE attending by the Director, Portfolio Holder and the Executive Assistant, the relationship with the DfE had strengthened and there had been a number of follow-up meetings.  The Director CYP was also contributing to two ministerial advisory groups and would ensure that the perspective of Local Authorities would be taken into account as further reforms were considered.  The Director CYP stressed that Bromley found itself in a unique position in terms of the number of primary schools converting to academy status. Though other London boroughs were also experiencing similar convertion levels. A member suggested lessons might be learnt from their experiences.

The Chairman provided the Committee with an update concerning schools converting to academy status and reported that the Governing Body of Darrick Wood Junior School had informed the Department this week that it was no longer pursuing academy status while another school had changed its intentions twice in the same period.

A Co-opted Member questioned the extent of the legal powers of the Local Authority in respect to vulnerable students.  The Director CYP reported that there was an expectation in law that the Local Authority would continue to be responsible for vulnerable young people however the way this would work in practice would have to be negotiated.  The Co-opted Member suggested that it would be helpful for the Committee to have sight of a simple table with a baseline of young people with SEN pre-academy.  This table could then be monitoring post-academy conversion to ensure that the needs of young people  ...  view the full minutes text for item 8a

Report DCYP11075

The Committee considered a report outlining the draft Portfolio Plan for Children and Young People Services for 2011/12 for the Children and Young People PDS Committee’s consideration and comment.  The Plan sets out the proposed priorities and key actions for the Children and Young People Portfolio for the Council Year 2011/12.

The Chairman provided an introduction and a new bullet point summary of the plan was issued to the PDS with additional points.

The Committee suggested a number of areas on which more emphasis could be placed including:

-  Provision for early years in partnership with other agencies;

-  Young carers as vulnerable young people;

-  Emphasis on In-Borough placements provision for SEN; and

-  Recruitment and payments for in-house fostering for children with more complex needs.

The Portfolio Holder agreed to ensure that these areas would be reviewed and the necessary amendments made.  The Committee agreed that the Portfolio Holder be afforded the discretion to approve the minor amendments and sign off the Portfolio Plan once the revisions had been implemented.

RESOLVED that the Portfolio Holder be recommended to approve the Portfolio Plan for Children and Young People Services for 2011/12.

Report DCYP11079

The Committee considered a report outlining the formal outcomes, judgement and recommendations from a two-day unannounced inspection of Bromley’s Children and Young People, Referral and Assessment Services by Ofsted on 5^th and 6^th April 2011.  The proposed action plan to address the areas identified for development was also considered by Members.

The Chairman highlighted that this inspection had been undertaken under a difficult new regime for officers under which also the Department had received no notice of the inspection. The inspection was a ‘snapshot’ of the two working days with the Inspection team sitting with Officers as they worked live cases, following progress on each case examined.

A Co-opted Member expressed surprise that there had been a focus on service user feedback and questioned how this had been sought from parents whose children had been removed.  The Assistant Director (Safeguarding and Social Care) acknowledged that this was a very sensitive area and user feedback would be difficult to gather however, it had been possible to gather the necessary feedback.

In response to questions about the out-of-hours service, the Assistant Director (Safeguarding and Social Care) reported that it was a very lean service that addressed the statutory responsibilities of the Local Authority.  Officers worked from home from 6pm and dealt with urgent issues raised during the night, other issues were handed over to the duty teams the next day.  The Inspectors had identified that handover information could be improved and Officers were now focusing on strengthening the service.  The Department was also reviewing the possibilities of shared services with LB Bexley in order to rationalise service delivery.

The Portfolio Holder encouraged all Members of the Committee to take part in the tours of Children’s Social Care which were open to all Members of the Committee.

The Portfolio Holder and the Committee congratulated the Director, Assistant Director and Safeguarding Teams on the excellent outcome of the Inspection and the Chairman asked that those congratulations be passed to all Officers involved in the Inspection..

RESOLVED that the Children and Young People Portfolio Holder be recommended to approve the Action Plan in response to the recommendations made by Ofsted during the April 2011 unannounced inspection.

Report DCYP11088

The Committee considered a report outlining the outcome of the stakeholder consultation and strategic review of the Special Education Needs (SEN) Transport Assistance Policy.  The report outlined recommendations to the Children and Young People Portfolio Holder on the scope and nature of the proposed amendments to the SEN transport assistance policy.

The Assistant Director (Access and Inclusion) tabled an additional over-arching policy paragraph to be added as part of the introduction in the first paragraph of SEN Transport Policy:

The Council is aware that the issues surrounding each child with Special Educational Needs are different and every effort will be made to consider individual child and family circumstances when implementing this policy.

The Committee agreed that flexibility and appropriateness to individuals would be key to the success of the policy and agreed that the additional paragraph should be added to the introduction.  A Member also stressed that parents needed to have confidence in the policy and appeals process.

The Chairman noted that it appeared that the young people were more interested in securing their independence than their parents.  Mr James suggested that the response provided by the Student Council may have distorted the results as by its very nature, the young people serving on the Student Council were able to express themselves and voice their opinions and would also be naturally more keen to secure more independence.

The Committee also considered that it would be worthwhile to liaise with Bromley College regarding bullying at bus stops for some vulnerable young people, and whilst the presence of the Community Police Officer had helped address the issues identified there was still more that could be done.

RESOLVED that the proposals for the SEN Transport Assistance Policy be endorsed and that the Portfolio Holder be recommended to approve the draft SEN Transport Assistance Policy.

Report DCYP11089

The Committee considered an update on the consultation timetable and an outline of emerging findings in order to seek Members initial views before a full report on the outcome of the consultation was provided to the Committee in September 2011.  The report also provided an outline and rationale for the revised commissioning process in light of potential changes following the outcomes of the consultation.

A Member sought assurances that representation that had been sent to the Leader of the Council would be included in the consultation responses, and these assurances were provided by the Assistant Director (Access and Inclusion).

The Chairman noted that paragraph 3.7 of the report highlighted that the Department for Education had notified Officers that if the Centres did not continue to be used primarily by and for children aged 0-5 and their parents and carers, the existing funding stream AND capital (previously granted and expended on these Centres) would be recovered by the DfE.  For Bromley, this amounted to £5.4 million for all the centres and should 16 centres close and not deliver services to children, a large proportion of this funding would be recovered.  The Committee agreed that it would be prudent to ensure that some centres continued to provide services to children aged 0-5 in order to secure the funding and avoid additional expenditure on accommodation for other Council services.

In acknowledging that savings had to be made, a Member of the Committee highlighted that given the significance of early years learning and early intervention on later outcomes the closure of Children and Family Centres in some of the more deprived areas of the Borough would contribute to the widening of the gap in performance of the highest and lowest achievers in Bromley.  The Member agreed that 17 or 18 Centres in the Borough was a lot however, he felt that cutting back to only three Centres was moving too far in the opposite direction.

The Portfolio Holder stressed that savings and efficiencies had to be found and there was no easy solution to finding these savings.  The Portfolio Holder reported that all the issues would be examined over the summer and he and Officers from the CYP Department would do their upmost to mitigate against the disadvantages any closures may cause.

Alison Regester expressed concerns that the Early Intervention Grant was not being used for early years.  The Director CYP responded that older adolescents were included in the terms of the grant and the needs of older vulnerable children needed also to be considered and addressed.

The Committee noted that a further report would be presented in September 2011 and at this time Members would consider the issues in greater depth.

RESOLVED that the Portfolio Holder be recommended to:

(i)  note the interim report;

(ii)  note that a full report on consultation outcomes will be provided at the next CYP PDS Committee meeting on 6 September 2011; and

(iii)  note the revised commissioning process and proposed timetable for statutory, private,  ...  view the full minutes text for item 8e

Report DCYP11081

The Portfolio Holder introduced a report providing an update on the consultation on the future of Youth Centres in Bromley and an outline of emerging findings in order to seek Member’s initial views before the full outcomes report was provided in September 2011.

The Chairman highlighted that it appeared that there was a high cost per user associated with Local Authority run services and sessions at Youth Centres.  Another Member suggested that it was too simplistic to undertake a “counting heads” exercise as Youth Centres provided services to some of the most vulnerable young people in the Borough.  The Head of Integrated Youth Support Programme acknowledged that there was a balance to be struck and that it was important to weigh up the costs and benefits of Youth Centres.  The Committee requested that an analysis of the young people accessing Youth Centres be provided in the report presented to the Committee in September 2011.

In response to a question regarding why Local Authority Youth Centres did not appeal to the needs of Bromley’s young people, the Head of Integrated Youth support Programme reported that there was localised appeal for Youth Centres, however the need to broaden this appeal was a theme that had emerged from the consultation.

In response to a question it was also noted that users were willing to travel considerable distances across the Borough in order to attend sessions that were of interest to them and in which they particularly desired to participate.

RESOLVED that the emerging outcomes of the consultation be note and that the Portfolio Holder be recommended to:

(i)  note the interim report;

(ii)  note that the full report on consultation outcomes will be provided at the next CYP PDS Committee meeting on 6 September 2011.

Report DCYP11082

The Committee considered a report providing information on the proposed changes to the Codes of Practice for School Admissions and School Admissions Appeals along with the Director of Children and Young People’s Services response to the consultation.

The Chairman noted that this was another agenda that appeared to be rapidly changing and commended the response to the consultation provided by the Director CYP.

The Director CYP confirmed that the Local Authority would continue to carry the responsibility for in-year admissions and whilst academies had been provided with funding to implement admissions, they did not have any responsibility for this function. The Chairman indicated it was not clear how the statutory services of the LA which would be used by all schools in this regard would be paid for by the Academies.

In response to a question, the Assistant Director (Access and Inclusion) reported that Bromley had the lowest number of admission appeals in London (single figures annually)  and it was anticipated that the proposed changes would make no difference to the number of appeals received.

The Assistant Director (Access and Inclusion) also confirmed that all children had been placed for the start of September 2011.

The Committee asked the Director CYP to review the response to question 3 of the consultation as there appeared to be a contradiction.  The Director CYP agreed to amend the wording of the response.

RESOLVED that the Portfolio Holder be recommended to agree the Director’s proposed consultation response, subject to a review of questions 3, as set out in appendix 1 of the report.

Report DCYP11086

The Committee considered a report providing an update on the provision of additional schools places to address the increase in pupils at reception age for September 2011.  The report sought approval to procure facilities for the Hearing Impairment Unit at Darrick Wood Secondary School, and to undertake feasibility studies to address the future increase in reception age pupils with special educational needs.

The Chairman noted that the proposals would be considered by the Council’s Planning Committee on 21^st July 2011 and asked whether any problems were anticipated.  The CYP Strategic Property Manager reported that Officer had been involved in a meeting to off-set as many planning concerns as possible and reported that there were no problems anticipated with the planning approval.

A Member of the Committee noted that the costs of the feasibility studies appeared to be excessive.  The CYP Strategic Property Manager clarified that the costs outlined in the report were the total costs of taking the proposals through to the planning process, well beyond a mere feasibility study  and the costs reflected the time it would take to develop facilities.

Father Owen Higgs commended the feasibility study for St Nicholas, Chislehurst as negotiations for this scheme had been ongoing since 2004.

Councillor Judi Ellis sought assurances of the Grovelands site.  The Director CYP reported that there was nothing to suggest that services would not be able to continue on the site and that the site had now been dedicated to CYP Service however, the Director would clarify the position with the Chief Property Officer and report back to the Committee.

RESOLVED that the Portfolio Holder be recommended to:

(i)  Approve the updated list of schemes within the Basic Need Capital Programme as set out in paragraph 3.20 of the report.

(ii)  Approve the updated Basic Need Programme budget;

(iii)  Authorise the Director of Children and Young People Services to seek planning permission for schemes at the appropriate time when required;

(iv)  Authorise the Director of Children and young People Services to adjust the programme as circumstances dictate taking account of these priorities.

Report DCYP11083

The Committee considered a report providing information on all revenue and capital balances held by Primary, Secondary and Special Maintained Schools as at 31^st March 2011, along with a comparison with the balances held at the same time in the previous year.

The Interim Head of CYP Finance reported that Malcolm Primary School had purchased Gold Standard support from the Schools’ Finance Team.  Officers continued to work with Clare House Primary School to overturn the growing deficit.  The Director CYP explained that the school had previously had a top heavy staffing structure in terms of support assistant staff and work was ongoing to address this.

Councillor John Getgood stressed the problems that had arisen as a result of the withdrawal of Sports Partnership Funding.  Councillor Getgood stated that he felt that it was unfair that the two schools in question had received no additional support in terms of funding redundancies arising from the sports partnership funding as other schools had been eligible for additional funding for redundancies. Modest redundancy funding was available from the authority if applied for by the school.

RESOLVED that the financial position of Primary, Secondary and Special Maintained Schools at the end of the 2010/11 financial year be noted.

Report DCYP11078

The Committee considered a report providing an overview of the recent consultations released by DfE regarding future funding for schools and academies and the Authority’s response.  Following consultation with the Schools’ forum, a draft response from the Local Authority had been sent to the DfE.

RESOLVED that the Portfolio Holder be recommended to approve the report as the Local Authority’s response.

Report DCYP11084

The Portfolio Holder highlighted that the Department had reduced the deficit in the non-schools budget from over £800,000 to £18,000 at a time of severe budgetary constraints.  The Portfolio Holder commended the action taken by the Department and congratulated the Director CYP and the Officers within the Department for their achievement.

The Portfolio Holder introduced a report outlining the final outturn for the 2010/11 financial year and highlighting the variations which impact on future years.  The Schools’ Budget, funded from the Dedicated Schools’ and specific grants, was overspent by £427,000 (representing 0.29% of the overall budget).  The main reason for the overspending was down to the Government withdrawing the Standards Fund late in the financial year and after the Council had distributed funds to schools.  This had, in part, been off-set by management action and the use of other grants.  The overspending would be funded from the 2011/12 Dedicated Schools’ Grant.  The controllable part of the Non-Schools’ Budget, funded from Council Tax, Revenue Support and specific grants, was overspent by £18,000 (representing 0.05% of the overall budget).  This was after allowing for extensive management action to tackle the rising costs of social care placements, including the flexible use of grants to off-set expenditure.

A Co-opted Member highlighted the issue of payments to foster parents looking after children with complex needs, as all foster payments were currently the same.  The Co-opted Member felt that the additional financial resources needed for children with complex needs should be acknowledged.  The Director CYP reported that in February 2011, the Department CYP had approached the Council’s Organisation Improvement Team to assist with a review of the structure.  This work was still on-going and the Director hoped that a report could be presented to the Committee in October.

RESOLVED that the Portfolio Holder be recommended to:

(i)  note the comments of the CYP PDS Committee;

(ii)  consider the particular volume and activity pressures on the CYP budget and the management action undertaken by the Director and the Department to contain the related expenditure;

(iii)  approve the final accounts 2010/11 for CYP and note that this information has been referred to the Council’s Executive;

(iv)  note that the Executive has been requested to agree carry forwards totalling £10,000.

(v)  note the early indications of the continuing effect of budget variances highlighted in this Report into the following financial year.

Report DCYP11074

The Committee considered a report seeking approval for LA Governor appointments for nine schools in the Borough.  The report also outlined reappointments/confirmation and LAAP authorisation to Hayes School.

Members noted that the decision regarding Bromley Road Infants would be deferred to a later meeting.

RESOLVED that:

1)  The Portfolio Holder be recommended to approve the following appointments, subject to CRB checks:

2)  The Portfolio Holder be recommended to defer the following appointments:

3)  The Portfolio Holder be recommended to approve the following re-appointments/confirmation and Local Authority Associated Person (LAAP) authorisation to academies:

Report DCYP11087

The Committee considered the forward rolling work programme for the year ahead based on items scheduled for decision by the Children and Young People Portfolio Holder and items for consideration by the Children and Young People PDS Committee.

The Committee noted that the following reports would be deferred to the October meeting:

• Foster Parent Payments: Consultation Outcomes
• Annual Report on Adoption Activity
• Bromley Safeguarding Children Board Annual Report 2010/11

The report on the structure of the CYP Department would be considered at the November PDS Meeting.

RESOLVED that the Portfolio Holder be recommended to agree the Work Programme for 2011/2012, subject to the amendments outlined above.

The Chairman to move that the Press and public be excluded during consideration of the items of business listed below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

RESOLVED that the Press and public be excluded during consideration of the items of business listed below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

RESOLVED that the exempt minutes of the meeting of the Committee held on 14^th July 2011 be agreed.

To note Part 2 decisions of the Portfolio Holder made since the last meeting of the Committee.

The Committee noted Part 2 decision that had been taken by the Portfolio Holder since the meeting on 3^rd May 2011.

Further to a meeting of the Committee on 15^th March 2011 this report provided an overview of the status of all contracts held by the CYP Department. This annual report was supplemented by a regular update on contracts and service level agreements as part of the CYP Forward Rolling Work Programme for scrutiny by the CYP PDS Committee.

The report provided an update on the progress of the reconstruction a Bromley primary school.

The Committee considered a report outlining the outcomes of the recent inspection by Ofsted of two primary schools in the Borough and the monitoring inspections of two other schools that were all in an Ofsted category of cause for concern with the last two years.