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Meetings

Meeting Details

Cabinet
10 Jul 2018 - 19:00 to 22:00
  • Documents
  • Attendance
  • Declarations of Interests
  • Visitors

Documents

Agenda

Standard Items
Also Present

In accordance with paragraph 2.6(a) of the Constitution, Councillors Dabrowska, Malcolm, G Stafford and Young addressed the Cabinet with regard to the following items:

Item 07 - Final Report of the Health and Adults Social Services Standing Scrutiny Panel’s Review into Social Isolation and Loneliness in Ealing (Councillor Malcolm)

Item 08 - Budget Update Report 2018/19 (Councillor Young)

Item 09 - Budget Strategy and Medium Term Financial Strategy (MTFS) 2019/20 to 2021/22 (Councillor Young)

Item 10 - Council Annual Performance Report 2017/18 (Councillors Malcolm and G Stafford)

Item 11 - Continuous Improvement and Efficiencies: Wave 2 Management and Cross Cutting (Councillor G Stafford)

Item 12 - Digital Strategy - Business Case (Councillor Malcolm)

Item 14 - Appointment of Preferred Bidder for Grant of Lease and Development of Sports Pavillion at Southfield Recreation Ground (Councillor Malcolm)

         Item 18 - The Delivery Model for Environmental Services (Councillor G Stafford)

Item 19 - Future Ealing: Property Assets and Neighbourhood Offer Programme (Councillors Dabrowska and G Stafford)

Item 22 - Findings of the Stop Smoking Service Consultation on the Proposal to Cease the Service (Councillor and G Stafford)

Councillor Daniel Crawford addressed the meeting regarding item 7, in his capacity of chair of the Health and Adults Social Services Standing Scrutiny Panel.

Also in Attendance

Councillors Costigan, Jammu, Lusardi and Rice

1 Apologies for Absence

Councillor Johnson gave apologies for lateness.

4 Declarations of Interest
There were none.

 

3 Matters to be Considered in Private

Items 13, 14, 15, 16, 17 and 23 contain information that is exempt from disclosure by virtue of Paragraph 3  of Part 1 of Schedule 12A of the Local Government Act 1972.

Item 11 contains information that is exempt from disclosure by virtue of Paragraphs 2 and 4  of Part 1 of Schedule 12A of the Local Government Act 1972.

Items 15, 16 and 18 contain information that is exempt from disclosure by virtue of Paragraph 5  of Part 1 of Schedule 12A of the Local Government Act 1972.

Items 11, 13, 14, 15, 16, 17, 18 and 23 contained confidential appendices but were not taken in private as it was not necessary to discuss the confidential information provided.

 

2 Urgent Matters
There were none.

 

5 Minutes
To approve as a correct record the minutes of the meeting held on 5 June 2018.

Resolved:

That the minutes of the Cabinet meeting held on 5 June 2018 be agreed and signed as a true and correct record.

6 Appointments to Sub Committees and Outside Bodies
There were none.

 

Resolved

That Cabinet:

i) notes the final report of the Panel’s review, which is attached as Appendix 1 of the report.

ii) accepts the Panel’s recommendations set out in Section 11 of Appendix 1 of the report.

iii) directs service officers to produce/or finalise an action plan within an agreed timescale on those recommendations that are agreed by Cabinet.

iv) agrees that the Portfolio Holder will ensure that all ward forums are reminded of the recommendation number 9 "That Ward Forums invite relevant community organisations to their meetings to help them build relationships and develop connections with residents"

Reason for Decision and Options Considered

Scrutiny has a role in improving decision-making and service delivery through effective scrutiny. Recommendations from Scrutiny need to be taken forward in a timely manner and in accordance with the Council’s Constitution if the Scrutiny function is to be effective. The Scrutiny and Executive Protocol identifies the timescale for Cabinet to respond to Scrutiny recommendations. This decision will mean that the response is made in a timely manner and that services can implement the recommendations accepted.

Resolved

That Cabinet:

i) notes the General Fund revenue budget forecast outturn position of £6.051m net overspend (2.48%) for 2018/19 (paragraph 4 of the report), and a break-even position on the Housing Revenue Account (paragraph 6 of the report).

ii) notes the progress on delivering the 2018/19 savings (paragraph 5.3 of the report).

iii) notes the 2018/19 capital programme forecast (paragraph 8.3 of the report)

iv) approves the re-profiling of 2018/19 programme net slippage of £12.144m (paragraph 8.3 of the report) into future years.

 

Reasons for Decisions and Options Considered

To forecast the financial position for 2018/19 based on available information at end of 31 May 2018. The report outlines the council’s forecasted position on revenue, capital, income and expenditure to the end of the period.

Resolved

That Cabinet:

i) agrees that officers prepare detailed plans and budget proposals in accordance with the Administration’s priorities and financial strategy objectives (paragraph 3 of the report), taking into account emerging expenditure and funding information (paragraphs 4 and 5 of the report) and the proposed approach to savings identification (paragraph 5 of the report).

ii) notes the ongoing impact of Government decisions to reduce and reform public funding and notes that work is on-going to further refine funding assumptions.

iii) sets a requirement to identify savings proposals that will close the revised forecast budget gap for 2019/20 of £31.549m by the end of the 19/20 budget process.

iv) notes the forecast budget gap of £56.518m over the three year Medium Term Financial Strategy period and sets a requirement to also bring forward proposals to close the forecast gap in 2020/21 onwards.

v) agrees that any service growth proposals will require equivalent savings to be identified (paragraph 5 of the report).

vi) notes the capital investment process as set out in the report (paragraph 6 of the report)

vii) notes HRA Budget Strategy (paragraph 7 of the report).

viii) notes the budget preparation timetable as set out in the report (paragraph 8 of the report).

 

Reason for Decision and Options Considered

The Council made significant investment in service areas as part of the 2018/19 budget process but continues to face significant budget pressures in future years, including the continuing prospect of reducing support from Central Government over the medium term and an increased demand for services.

This report is part of the Council’s budget setting and business planning process. The Medium Term Financial Strategy (MTFS) was recommended by Cabinet on 13 February 2018 and approved by Council on 20 February 2018. This report seeks approval of the updated MTFS assumptions for 2019/20 to 2021/22 so that officers can prepare detailed budget proposals for Member consideration as part of the annual budget-setting cycle in line with the timetable at paragraph 8.

The overarching objective is to set a priority-led budget over the medium term that is balanced and realistic; and supported by achievable savings plans.

Resolved

That Cabinet:

i) notes the contents of the report.

ii) notes the progress made against the corporate plan performance indicators.

iii) thanks Judith Finlay, Julie Lewis, Gary Redhead and team for the good work they have done for schools in Ealing.

Reason for Decision and Options Considered

The purpose of this report is to provide the cabinet with a summary of the 2017/18 yearend performance against key indicators set out in the corporate plan. Performance is

described against key targets for operational delivery and service improvement, while also noting the direction of travel of comparable performance indicators since last year.

  1. Item 11 - CONFIDENTIAL Appendix A
    • Information which is likely to reveal the identify of an individual;
    • Information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matters arising between the Authority or a Minister...
  2. pdf Item 11 - Appendix B - Corporate Facilities Wave 2 Tiers & Spans (1180Kb)
  3. pdf Item 11 - Appendix C Environment & Customer Services (773Kb)
  4. pdf Item 11 - Appendix D - Regeneration and Planning (1596Kb)
  5. pdf Item 11 - Appendix E - Children, Adults & Public Health - Integrated Commissioning (8586Kb)
  6. pdf Item 11 - Appendix F - Children, Adults & Public Health - Care Planning (11532Kb)

Resolved:

That Cabinet:

i) notes the proposals to deliver savings in line with those set out in the budget report in relation to:

 -Management restructure

-Cross-Cutting support services

ii) notes the savings in wave 2 delivering a net £2.348m over 2018/19 and 2019/20 allowing for estimated costs of redundancy.

iii) notes the forward timetable for the implementation of further savings associated with both management restructures and cross cutting support services in wave 3.

iv) notes the correspondence received by cabinet members in relation to the removal of the conservation officer post which would be considered as part of the consultation process.

Reasons for Decisions and Options Considered

As part of the Future Ealing programme the council has developed the CIE programme. Within that proposals have been developed and accepted into the MTFS regarding reductions in management capacity and resourcing of cross cutting support services. This report sets out proposals for the second phase of proposals to be implemented.

 A cross council management and support service review has not been completed since 2010. The savings generated since this time have been directorate specific. By approaching CIE this way across services, we generate both synergies and savings capacity.

 The scale of the current financial challenge means that CIE is a key strand in closing our budget gap to protect services to residents and citizens.

Resolved:

That Cabinet:

i) notes the outcome of evaluation of the Digital Strategy business case, which confirms the pay-back of the initial investment and generation of on-going revenue budget savings by year 7 (paragraph 4 of the report)

ii) approves the creation of a new capital scheme ‘Digital Strategy’ with a total capital investment of £11.342m (£6.405m in 2018/19 and £4.937m in 2019/20) to be financed through mainstream borrowing (paragraph 4 of the report).

iii) approves the following revenue budget implications of implementing the Digital Strategy:

The additional un-budgeted costs in 2018/19 of £2.066m that will be addressed through in-year management actions; and

The permanent revenue budget growth from 2019/20 onwards that will be taken into account as part of the Budget Strategy and Medium Term Financial Strategy process (paragraph 4 of the report).

iv) notes the total savings proposed to be realised through the implementation of the Digital Strategy of £3.274m, of which £1.707m have previously been approved by Cabinet as part of 2018/19 budget approval process (paragraph 4 of the report).

v) notes that future savings proposals will be considered in detail, including taking account of the outcome of any consultations and equalities issues, prior to decisions being taken on whether or not to take them forward.

vi) approves the additional revenue budget savings to delivered through implementation of the Digital Strategy of £1.567m (paragraph 4 of the report).

vii) notes the impact of the delivery of the proposed program on the lives of the Boroughs residents, businesses, communities and staff and on our services.

viii) agrees the Digital Transformation Business Case as set out in Appendix A of the report.

ix) authorises the Director of Strategy and Engagement, following consultation with the Director of Finance, Director of Legal and Democratic Services, Executive Director of Corporate Resources and Executive Director of Environment and Customer Services, to invite and evaluate tenders for the procurement of the following:

Portals, connectors and Customer Relationship Management System Build and Support

Requisite Licensing and Web Hosting

Data Cleansing and Build of Data Analytics.

x) notes that the Director of Strategy and Engagement will establish and appoint to the following teams - subject to the terms of the Employment Procedure Rules (Part 4) – following consultation with Director of Human Resources and Organisational Development.

A Technology Implementation Team

A Change and Adoption Team

xi) notes that regular reports will be brought to cabinet to update on the delivery of the digital programme.

 

Reasons for Decisions and Options Considered

The rapid and continually evolving developments in technology present opportunities for the council to re-shape the way it engages with residents and to improve the customer experience. There are immense opportunities to improve quality but also to drive through the efficiencies required in a climate of rising customer expectations and severe and continuing financial pressures.

In April 2017 Cabinet agreed a Digital Strategy for Ealing to take advantage of the transformative power of new technology in the modern world. This was a key document for the Council as it outlined it how the council will respond to the potential of digital to improve outcomes for residents. It will also be a key enabler of the Future Ealing programme to support the Council as an outcome-led organisation. 

The strategy was informed by and developed upon the organisational ICT strategy and planning for the technological and cultural change required as the Council plans its move to a new, smaller and flexible headquarters.

In this age of technological change, the delivery of efficient services to residents and value for money are paramount to future council success. Residents and businesses rightly demand the same high-quality interactions from public services as they now experience in other aspects of their lives.

The Council has successfully developed a range of digital channels – largely within existing services. We could continue with this incremental approach but this can often be that development is slow and costly and that the user experience is fragmented. The challenge for the council is to respond in a way which designs approaches around the personalised needs of residents, optimises efficiency and gives the best possible user experience including for residents who are less confident using digital. Doing this requires a more consistent approach.  

The proposed digital Transformation Programme, aligned to the Future Ealing approach, will co-ordinate the work and implement the proposed solution needed to realise the ambitions set out in the Digital Strategy. It will also deliver a platform to enable better end to end processes and new requirements to be delivered over a single sign on to other portals, eventually giving us a single view of the customers interactions with us.

  1. Item 13 - CONFIDENTIAL Appendix 1 - High Wire Report - Gunnersbury - Concession Co...
    • Information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matters arising between the Authority or a Minister...
  2. pdf Item 13 - Appendix 2 - Site Plan (6773Kb)
  3. pdf Item 13 - Appendix 3 - Shelter Design (83Kb)

Resolved:

That Cabinet:

i) notes that on 18 October 2016 Cabinet authorised the Executive Director of Environment & Customer Services to ‘secure further commercial opportunities’ for Gunnersbury Park.

ii) agrees to the appointment of Adventure Forest Limited as the preferred bidder for the High Wire operator concession contract ("the Contract") and authorises the Director of Environmental Services following consultation with the Director of Legal Services to agree final terms for the Contract and an associated co-terminus lease ("the Lease") both of which will be for up to 25-years.

iii) notes that the London Boroughs of Ealing & Hounslow ("Councils") & Community Interest Company (CIC) will work together to finalise the terms of the Contract with Adventure Forest Limited once they have been appointed as the preferred bidder.

iv) notes that the impact on the heritage value of the park, management of potential future events and the impact on future development phases of the Gunnersbury 2026 Masterplan will be taken into consideration when determining if/how the project is taken forward & the associated planning application.

v) notes that the Contract will be entered into directly by Gunnersbury Estate (2026) Community Interest Company ("CIC") and that the CIC will in due course grant the Lease to Adventure Forest Limited.

vi) notes that the facility is currently projected to open in June 2019.

vii) notes that the High Wire Operator contract award is not expected to result in any negative financial implications to the London Borough of Ealing or the Gunnersbury Estate (2026) Community Interest Company ("CIC"). A new revenue source will be created with all operational costs covered by Adventure Forest Limited. The CIC will receive income via a performance dependent rental fee with a minimum payment per annum of £0.050m.

Reasons for Decisions and Options Considered

In November 2011, the respective Cabinet of the London Borough of Ealing and the London Borough of Hounslow agreed the Gunnersbury 2026 Masterplan, which at the time was a £49.000m regeneration programme. The programme was split into 3 phases:

Phase 1: restoring the heritage core of the park programme costing circa £21.000m

Phase 2: restoring other heritage assets around the park costing circa £14.000m

Phase 3: building new sports facilities in the park programme costing circa £14.000m

In October 2016, the London Borough of Ealing authorised officers to ‘procure additional commercial opportunities’ in Gunnersbury Park as part of the Phase 3.

Officers were approached in June 2017 by Adventure Forest Limited (trading as Go Ape) with an initial proposal to operate in Gunnersbury Park. Officers sought to add a competitive element and decided to offer the opportunity via the Official Journal of the European Union.

In November 2017, a tender was issued via a competitive dialogue procedure through the London Tenders Portal to find a high wire course operator. Bidders were invited to submit initial tenders in January 2018.

A tender brief is available in Confidential Appendix 1 of the report containing sensitive financial and contractual information. 

The current high wire course is within the Gunnersbury’s events area and crosses over the events route. Adventure Forest Limited are currently working with the Councils, the CIC and scheduled events to ensure that an optimal layout is installed and that future operation is viable.

Legal agreement is near completion with final agreement forecasted for July 2018.

The CIC will receive a performance based rental income (see Appendix 1 section 4 of the report).

Adventure Forest Limited will construct the facilities and will also renovate the existing Coronation Chalet / Kiosk opposite the Model Farm. This will be used as a reception cabin for the site (see Appendix 2). 

In addition to the base offer Adventure Forest Limited will construct a new 9850 x 6400mm shelter adjacent to reception cabin for group events and the wider public (see Appendix 3). Adventure Forest Limited will be responsible for the maintenance of this structure.

The Councils will work with the CIC to finalise the terms of the Contract and the Lease with Adventure Forest Limited, to provide the CIC with a viable and workable Contract for Gunnersbury Park. The viability of the Contract will need to take into consideration the heritage value of the park, management of potential future events and the impact on future development phases of the Gunnersbury 2026 Masterplan.

It is envisaged that the agreements and the whole park lease between the Councils and the CIC will be completed by 13/07/18. 

The grant of the lease to the CIC by the Councils will enable the CIC to grant a licence to Adventure Forest Limited to enable Adventure Forest Limited to commence the build of the facilities once the concession contract has been entered into by the CIC with Adventure Forest Limited.

The Contract will contain a pre-condition for the operator to build the facilities and once the facilities have been completed the Lease will be granted by the CIC to the operator and operation of the facilities can commence.

Based on the initial tender the core outcomes that the Councils are looking to be achieved from this process have been met, with some key highlights below:

-Increasing participation

Local employment opportunities

London Living Wage

-New revenue source for the CIC & the associated stability to the CIC’s business plan

  1. pdf Item 14 - Appendix 1 - Southfields Indicative Lease Plan (651Kb)
  2. pdf Item 14 - Appendix 2 - Draft Heads Of Terms (349Kb)
  3. Item 14 - CONFIDENTIAL Appendix 3 - Round 1 Evaluation Summary
    • Information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matters arising between the Authority or a Minister...
  4. Item 14 - CONFIDENTIAL Appendix 4 - Round 2 Evaluation Summary
    • Information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matters arising between the Authority or a Minister...
  5. Item 14 - CONFIDENTIAL Appendix 5 - W4 Youth Fundraising Strategy
    • Information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matters arising between the Authority or a Minister...
  6. Item 14 - CONFIDENTIAL -Appendix 6 - Construction Cost Estimate
    • Information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matters arising between the Authority or a Minister...

Resolved:

That Cabinet:

i) agrees the selection of W4 Youth as the preferred bidder following the marketing exercise to seek to operate a proposed new community sports hub building at Southfields Recreation Ground.

ii) subject to fundraising being secured by W4 Youth, delegates authority to the Executive Director of Environment & Customer Services to negotiate and subsequently enter into a development agreement with W4 Youth, to grant a 99 year lease at peppercorn rent at Southfields Recreation Ground (site plan Appendix 1), as per Draft Heads of Terms agreed (Appendix 2), following the demolition of the current pavilion and construction of a community sports hub, subject to consideration of any representations received following advertisement of the proposed disposal of open space pursuant to the requirements of section 123 of the Local Government Act 1972.

iii) authorises the Executive Director of Environment & Customer Services to invite and evaluate tenders relating to the new community sports hub’s construction at an approximate value of £3m subject to funding first being secured by W4 Youth.

iv) delegates authority to the Executive Director of Environment & Customer Services to award the contract referred to in recommendation iii) above, upon completion of the tender processes to the most advantageous tenderer for each procurement in line with the evaluation criteria if suitable tenders are received

v) delegates authority to the Executive Director of Environment & Customer Services to take any necessary steps including entering into agreements and obtaining of any necessary consents and permissions and finalising the exact boundary of the lease area to facilitate the delivery of the scheme.

Reasons for Decisions and Options Considered

There are currently inadequate changing facilities and toilets at Southfields Recreation Ground to support sports and recreational activities.

 

It has been recognised by the Council and borough residents that Southfields Recreation Ground would benefit from the construction of a new community sports hub.

 

Accessing high-quality sports and leisure facilities is a key factor in improving the quality of life for residents and the local communities. The creation of the proposed facility mix in line with the ability to further enhance the site will help to ensure that Southfields Recreation Ground is a well maintained, safe and community accessible site that can be used for a variety of different community and sporting activities for the foreseeable future. It will allow for a wider community development programme to be delivered; using both the new pavilion and sports pitches currently at the site.

 

Ealing’s Sports Facilities Strategy 2012-2021 notes on Page 91, that ‘In the medium term, the changing rooms at Southfields also need to either be refurbished or rebuilt’. The strategy document then goes on to further reference the action ‘Refurbish changing rooms or rebuild as a pavilion’ as a ‘medium term priority’.

 

Further to the above, In March 2017 Cabinet approved a Playing Pitch Strategy and Associated Outdoor Leisure Projects Report made a recommendation delegating authority to the Executive Director Environment and Customer Services to develop feasibility studies and market opportunities at the site; this included marketing the opportunities at Southfields Recreation Ground.

 

The proposed scheme also supports the Council’s key aims and its sports strategies, including:

Playing Pitch and Outdoor Sports Strategy

To have appropriate distribution of high quality, sustainable outdoor sport and recreation facilities

Cultural Strategy

Recognises access to good quality sports facilities is key to improving quality of life for residents

Sustainable Community Strategy

Increasing children and young people’s participation in high quality sport

Background to Marketing Exercise

Following the above delegation to market the opportunities at Southfields Recreation Ground and proposals were received by the following interested parties:
- W4 Youth LTD
- Dr Arora Enterprises LTD
- Pistachios in The Park

Proposals were received from all three above parties. The proposals were analysed by the Council’s Major Projects Team, and Assistant Director of Leisure. The details of each of the proposals and analysis of their returns are set out in the analysis report which has been appended (Confidential Appendix 3 of the report; Round 1) & (Confidential Appendix 4 of the report; Round 2). Proposals were scored out of a possible 100%, weighted as follows for both Round 1 and 2 proposals; Outline Proposals (20%), Deliverability (40%), Experience (20%) and Community Provision (20%).

 

W4 Youth provided detailed proposals which showed clear symmetry with the council’s objectives for the site and therefore achieved the highest proposal score of all the three potential partners, as shown below in Round 1 and Round 2 evaluation matrixes.

 

Pistachios in The Park were eliminated following their first-round proposal having achieved the lowest score in evaluations; it is also worth noting, their priorities as confirmed in their proposal were not particularly aligned with LBE’s sporting for the site. The evaluation of the round one submission resulted in LBE inviting both W4 Youth & Dr Arora Enterprises to submit a round two detailed proposal for the site.

 

After significantly underestimating the capital construction cost as part of their second-round proposal, Dr Arora Enterprises LTD (Little Roo’s) subsequently declared themselves unable to meet the capital cost estimates for a desired facility and therefore declared they would no longer be pursuing this opportunity.

 

W4 Youth have proved their priorities are aligned with Ealing Council’s by demonstrating their commitment to deliver significantly improved sporting and community provision at the site in the form of the construction and operation of a new sporting hub and are therefore recommended for selection as the preferred bidder and partner organisation for the Southfields Recreation Ground project. Their proposals demonstrated a project which would engage youth from neighbouring disadvantaged and deprived areas, providing a service to enable young people to participate in sporting activities, build relationships and engage in activities which they would currently be unable to, based on the lack of other local provision. Their community proposals, usage and flexibility to work with other community partners to use such a facility also demonstrated a model which would benefit far more than the immediate members of W4 Youth.

 

The W4 Youth proposal is for the Council to enter into a development agreement with them for the grant of a 99-year lease at a peppercorn rate, for the operation of sport and community facilities on the site. The development agreement will provide for the lease to be granted following practical completion of a new youth and community centre funded by the W4 Youth.

  1. Item 15 - CONFIDENTIAL Appendix 1
    • Information relating to any consultations or negotiations, or contemplated consultations or negotiations in connection with any labour relations matters arising between the Authority or a Minister...
  2. Item 15 - CONFIDENTIAL Appendix 2
    • Information relating to the financial or business affairs of any particular person (including the authority holding that information);
    • Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings;

Resolved

That Cabinet:

i) agrees to the disposal by way of a lease of 21 of the new homes being developed in Phase 4 of the development to Broadway Living (BL) under section 32 of the Housing Act 1985 at market value as confirmed by independent valuation (appendix 1 – confidential of the report).

ii) delegates authority to the Director of Regeneration & Planning, following consultation with the Executive Director of Corporate Resources, to agree the final terms of the lease.

Reasons for Decisions and Options Considered

The report to the Council’s Cabinet meeting on 20 March 2018 outlined the progress being made towards delivering the Copley regeneration programme on a phase-by-phase basis and agreed enabling actions to allow the progression of the scheme.

It was further noted that a report would be brought back to Cabinet to seek agreement to the disposal of new homes being developed in Phases 4 of the development to Broadway Living (BL), following further assessment of the project as a whole and requirements in relation to best value/best consideration.

This assessment has now been completed, and a suitable valuation report has also been commissioned from Carter Jonas (appendix 1 – confidential of the report) confirming that the proposed disposal price represents market value.

The sale of a further 57 new homes at Phase 6 of the development at Copley is also proposed. These units are likely to be completed in 18-24 months. The disposal of these homes to BL will be the subject of a future report to Cabinet.

  1. Item 16 - CONFIDENTIAL Appendix 1 - Copley Report Funding Facility Phase 4
    • Information relating to the financial or business affairs of any particular person (including the authority holding that information);
    • Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings;
  2. Item 16 - CONFIDENTIAL Appendix 2 - Confidential Legal Advice Note
    • Information relating to the financial or business affairs of any particular person (including the authority holding that information);
    • Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings;

Resolved:

That Cabinet:

i) notes and approves the Broadway Living Ltd summary business case (attached at Confidential Appendix 1of the report) for its purchase of 21 homes in Phase 4 of the Copley Close estate regeneration project; and that the business case assessment demonstrates that Broadway Living Ltd will sufficiently cover the debt repayment and interest costs for the loan facility, which will be provided for a 40-year period.

ii) delegates authority to the Executive Director of Corporate Resources, following consultation with the Portfolio Holder for Finance, the Executive Director for Regeneration and Housing and the Director of Legal and Democratic Services, to negotiate and enter into the necessary funding arrangements with Broadway Living Ltd, including a Funding Facility Agreement for the purchase of the homes, and other related agreements on the basis of the terms set out in Confidential Appendix 1 of the report.

iii) notes that the loan agreement is factored in the Council’s capital programme and is in-line with the Council’s Treasury Management strategy. The interest costs that arise from the Council borrowing will be covered by the interest payment to the Council from Broadway Living Ltd.

iv) notes that there is a separate Cabinet report, Copley Regeneration Programme – Disposal of Homes to Broadway Living Limited (July 2018 Cabinet) requesting approval to dispose of the 21 homes to Broadway Living by way of a long lease.

Reasons for Decisions and Options Considered

At its meeting on 12 December 2017, Cabinet agreed the provision of loan funding to support a number of projects in the Broadway Living Ltd development programme. Copley Close phase 4 was one of those projects.

 

It was noted that individual projects would be brought back to Cabinet to seek approval for funding as and when proposals were confirmed.

Since December 2017, the following actions have been undertaken to progress this project towards approval for disposal and funding approval:

 

The 21 homes in phase 4 to be sold to Broadway Living Ltd have been confirmed as 7 x one bedroom two person flats; 4 x two bedroom three person flats; 7 x two bedroom four person flats; and 3 x three bedroom five person flats.

A valuation report on the phase 4 homes has been obtained.

The purchase price for the 21 homes as indicated in Confidential Appendix 1 has been confirmed.

The purchase by Broadway Living Ltd of the 21 homes has been approved by the Board of Directors of Broadway Living Ltd (on 17 April 2018).

A financial business case for the purchase has been prepared and approved (see Confidential Appendix 1 of the report).

The Directors of Broadway Living Ltd have written to the Council formally requesting the loan to be made.

  1. Item 17 - CONFIDENTIAL Appendix 1 - draft Tender Report
    • Information relating to the financial or business affairs of any particular person (including the authority holding that information);
  2. Item 17 - CONFIDENTIAL Appendix 2 - Development Agreement and comments
    • Information relating to the financial or business affairs of any particular person (including the authority holding that information);
  3. Item 17 - CONFIDENTIAL Appendix 2A - Development Agreement
    • Information relating to the financial or business affairs of any particular person (including the authority holding that information);
  4. Item 17 - CONFIDENTIAL Appendix 3 - Financial Implications the Green
    • Information relating to the financial or business affairs of any particular person (including the authority holding that information);
  5. pdf Item 17 - Appendix 4 - plan of site (83Kb)
  6. pdf Item 17 - Appendix 5 - EAA Southall the Green (4574Kb)

Resolved:

That Cabinet:

i) approves the recommendations contained in this report as to the selection of the Council’s preferred development partner for the redevelopment of land at The Green, Southall.

ii) agrees to delegate to the Executive Director of Regeneration & Housing, following consultation with the Executive Director of Environment & Customer Services and the Lead Members for Regeneration & Transport and Housing, Planning & Transformation, authority to negotiate the final detailed terms of the agreements to be entered into, and the authority to agree that the Council enters into those agreements with the preferred development partner in accordance with EU procurement regulations as follows:

Development Agreement;

CPO Indemnity Agreement; and

any necessary ancillary agreements.

iii) agrees to delegate to the Executive Director of Regeneration & Housing, following consultation with the Executive Director of Corporate Resources the timing of the acceptance of capital receipts.

iv) agrees to increase the existing capital budget to £0.250m (fees) and establish an annual budget of £0.100 (monitoring fee) – both sums to be repayable from the Development Agreement.

v) agrees to delegate to the Executive Director of Regeneration & Housing authority to amend the boundaries of the land to be acquired [whether by way of private treaty or, if necessary, by way of Compulsory Purchase Order,] (as appropriate) once the details of the final development scheme are known.

vi) agrees that preparations for the making of a Compulsory Purchase Order should continue in parallel with discussions and negotiations in relation to the acquisition of the sites within the boundary of the proposed Compulsory Purchase Order by way of private treaty, and delegate to the Executive Director of Regeneration & Housing the authority to acquire sites once a CPO Indemnity Agreement has been entered into with the preferred development partner.

vii) agrees that, if there is no material change in circumstances at the point at which the planning application for the final development scheme is ready, the Executive Director of Regeneration & Housing may authorise the making of a Compulsory Purchase Order.

viii) notes and agrees that the disposal of land at Featherstone car park shown on the plan at Appendix 4 of the report, forms part of the redevelopment scheme.

ix) agrees, in principle, to the appropriation of Council owned property which is intended to form part of the redevelopment including, in particular, Featherstone Terrace Car Park.

x) agrees to delegate authority to the Executive Director of Regeneration & Housing, following consultation with the Executive Director of Environment & Customer Services to make any final decision to appropriate Council owned land as necessary.

Reasons for Decisions and Options Considered

Cabinet is recommended to approve the appointment of Peabody Enterprises Limited (Peabody) as the Council’s preferred development partner.

The Development Agreement and CPO Indemnity Agreement to be entered into between the Council and the preferred development partner will, amongst other things, provide that the Council’s consultant costs incurred to-date, as well as its land assembly costs during the development period, are met.

The two final solutions reviewed, evaluated and scored are similar in terms of their quality, massing and overall net development area, but with some key differences. The scoring criteria were set out in advance of the competition in the Invitation to Participate in Dialogue. This document, and its associated clarifications, formed the only basis on which the two solutions could be judged and compared. The table in the report sets out the reasons why Peabody is being recommended as the preferred development partner rather than Bidder A. Overall, while the two solutions were both compliant and were similar in terms of quality (with Bidder A actually being one mark ahead at the end of the quality and legal scoring), Peabody (Bidder B) scored significantly higher on the financial assessment, leading to an overall recommendation for Peabody to be the Council’s preferred development partner.

Bidding criteria are set out in the report (table 1) and following that is a table (table 2) setting out how the bidders scored.

In June 2018 Cabinet approved the new priorities for Ealing Council for the coming four years following the priorities set out in the Labour Party’s manifesto. These priorities will be the council’s overarching strategic priorities for the four years 2018-2022 They are:

-Good, genuinely affordable homes

-Opportunities and living incomes

-A healthy and great place.

The recommended preferred development partner’s solution comprises 474 residential units of which half will be affordable including 60% (145) genuinely affordable homes for rent and 40% (78) shared ownership properties. This helps to meet priority one agreed by Cabinet in June and will contribute to the administration’s target of 2,500 new genuinely affordable homes for the borough.

In addition, the scheme proposes to deliver 19,055sqft for retail, food and drink and 29,331sqft of office space including workspace, alongside new community space, increased permeability and high quality public realm. This helps to deliver priorities two and three agreed by Cabinet in June. In particular - related to workspace - the scheme proposes c. 260 new jobs on site which will more than replace those jobs lost through the redevelopment (currently estimated c. 100 jobs on site). This will provide opportunities to enhance and support the existing town centre and revitalise opportunities for businesses. The scheme will also present a catalytic opportunity to change the quality of place including new routes through a currently disconnected site, allowing for walking opportunities for residents in the surrounding streets.

The scheme meets the Council’s minimum requirements for 90 public car parking spaces in legacy, to replace those lost at Featherstone Terrace car park. The scheme also provides limited parking for the proposed new residential properties appropriate to its location close to Crossrail and to minimise the traffic impacts likely to be generated from the scheme.

The scheme would retain the shopping parade along The Green (potentially with some minor impacts) and has no impact on the Council’s land at Featherstone Terrace, where the Resource Centre is based.

A map showing the proposed scheme boundary and likely Compulsory Purchase Order (if required) boundary is set out in Appendix 4 of the report.

  1. Item 18 - CONFIDENTIAL Appendix 1
    • Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings;

Resolved:

That Cabinet:

i) agrees in principle to the establishment of a wholly owned local authority trading company for the purpose of delivering the Council’s environmental services (waste & recycling collection, street cleaning, grounds maintenance, burials and associated services) and notes that a further report and business plan will be brought back to Cabinet prior to the Company being incorporated.

ii) notes that a growth requirement of £2.6m will be added to the medium term financial strategy from 20/21 to reflect the full year increase investment in the service including the capital cost of vehicles.

iii) approves the use of £736k in 18/19 and 19/20 from reserves as a one-off sum for the establishment of the company with all the necessary functions and systems, and to commence work needed to transfer the service, employees and equipment in order to deliver the services.

Reasons for Decisions and Options Considered

In March 2018 Cabinet agreed to the termination of the Council’s Environmental Services Contract with Enterprise Managed Services Ltd for the provision of Waste & Recycling Collection, Street Cleaning, Grounds Maintenance, Burials and Associated Services (subsequently acquired by Amey Plc) with termination to take effect no later than 5th July 2020.

 

Following a study commissioned by the Council and undertaken by Eunomia Research and Consulting Ltd, Cabinet also agreed to bring the services under Council control with further detailed consideration given to bringing the services in house or establishing a Local Authority Company (LAC) wholly owned by the Council. In line with that decision, this report presents the two options for consideration.

A Local Authority Company (LAC) is an independent legal entity, which is owned and controlled by a local authority as a shareholder. They can be set up to perform statutory and non-statutory services and can undertake some third-party trading services. It would operate at arm’s length from the Council although ultimate control over the delivery of the services would rest with the shareholder, the Council. Formal LAC governance arrangements need to be in place with a board of directors, appointed by the Council, with clear legal responsibilities to the company. An in-house model is where the service operates like other services run directly by the Council with those engaged on the service being employed by Council. There are pros and cons to each model and this report reviews both options in details and sets out the implications which flow from each model, in particular the differing financial implications.

Resolved:

That Cabinet:

i) approves the approach and methodology for this work outlined in section 3 of the report.

ii) delegates authority to the Director of Regeneration and Planning, following consultation with the Executive Director of Corporate Resources and confirmation of funding availability as identified in resolution vi) below to:

Market and dispose of the following assets on the open market:

Cornucopia Building, Spikesbridge Park, Southall

? Verona Terrace Car Park, Norwood Green, Southall

? 15 Florence Road (NB decision to relocate the service operating from the building has been approved in February 2018 Cabinet report)

iii) delegates authority to the Director of Regeneration and Planning to terminate the lease for Pitshanger Library, following exploration of the feasibility of options, to provide an alternative, community-led service offer for the local area, and following consultation with the Director of Customer Services, the Portfolio Holder for Regeneration and Transport and Portfolio Holder for Business and Community Services.

iv) authorises the Director of Regeneration and Planning, following consultation with the Executive Director of Corporate Resources and confirmation of funding availability, as identified in recommendation 1.6 to commission the next stages of feasibility work for potential co-location and/or development for affordable housing, in relation to the following sites:

      • Assets in scope of the Greenford Neighbourhood Offer pilot as outlined in para 3.26
      • Co-location of services in Hanwell
      • Co-location of services in Perivale
      • Michael Flanders Centre, Church Road, Acton
      • Development above 7 surface level car park sites
      • Norwood Road Car Park (1)
      • Norwood Road Car Park (2) 
      • The Young Adults Centre, Southall
      • Northolt Grange Community Centre
      • The Limes, Merrick Road, Southall
      • Dame Gertrude Hostel, Castlebar Road, W5
      • St Ann’s School
      • Wood End Library and Children’s Centre  

v) authorises the Director of Regeneration and Planning, following consultation with Executive Director of Corporate Resources and confirmation of funding availability, as identified in recommendation 1.6 of the report, to commission the necessary and appropriate community engagement and service user consultation on the above proposals to assess the impact on services before any decision is made to proceed with proposals.

vi) notes that a further report detailing funding sources that will support the delivery options as indicated paragraphs 1.2 to 1.5 of the report will be brought to Cabinet to request funding approval.

vii) notes that a further report will be brought back to Cabinet for decisions regarding the neighbourhood offers once the feasibility work, community engagement and user consultation has been completed

Reasons for Decisions and Options Considered

The purpose of the Property Assets and Neighbourhood Offer programme is to enable the Council to make the best possible use of the Council’s property assets, improving community outcomes and enabling the Council to realise a number of strategic objectives. Specifically, the programme involves taking a more commercial and strategic approach to the use of council-owned property and assets to achieve the following outcomes:

Protecting access to community services and improving community outcomes

Contribute to the delivery of genuinely affordable housing at scale and within the council’s control

Generate revenue and income to address goals in the MTFS and provide resources to reinvest in council service provision

Create an effective "Neighbourhood Offer" through co-location of service provision, which meets the needs of communities in each neighbourhood in a more effective and sustainable way

Resolved:

That Cabinet:

i) agrees that the Council adopt the Housing and Planning Act 2016 and all the enforcement powers within it. Specifically, the use of civil (financial) penalty notices as an alternative to prosecution for prescribed types of offences committed by rogue landlords and property agents and in the most serious cases, to pursue Banning Orders against the same.

ii) delegates to the Director of Safer Communities and Housing all powers under the Housing and Planning Act 2016 and subsequent Regulations. Including, the powers to impose and enforce civil penalties, consider representations pursuant to imposition of the financial penalty, review and update the financial penalty levels and standards and; where appropriate, pursue Banning Orders.

iii) authorises the Director of Safer Communities and Housing to delegate the discharge of those powers to other Council officers as appropriate and commensurate with their seniority, accountability, competency and level of responsibility.

iv) delegates the authority to the Director of Safer Communities and Housing following consultation with the Portfolio Holder and Director of Legal & Democratic Services to develop and implement the Councils detailed policy and procedure in respect of the imposition of Civil Penalties and such policy to be in accordance with Schedule 13A of the Housing Act 2014 and any other guidance issued by the Secretary of State.

v) agrees that the Property Regulation Enforcement Policy be reviewed and amended upon adoption of the new Civil Penalty powers and Banning Orders.

vi) notes that Ealing is an active partner of the Mayor of London’s Rogue Landlords and Letting Agents Checker and will update this database with any formal actions taken under this report.

Reasons for Decisions and Options Considered

Part 2 of The Housing and Planning Act 2016 provides local authorities with new enforcement powers and remedies to tackle rogue landlords and property agents and to improve conditions in the private rented sector. The new powers include providing local authorities the ability to issue civil penalties for offences where landlords fail to repair, manage or improve their properties when required to do so by the Council. The civil penalties also relate to offences in relation to failing to licence houses in multiple occupation (HMOs) and houses under parts 2 and 3 of the Housing Act 2004, contravention of an overcrowding notice and failing to comply with HMO management regulations.

The Act further enables applications to be made seeking a Banning Order preventing a person from being a landlord, engaging in letting agency work, and/or property management work. It also creates a ‘Rogue Landlord and Property Agent’ Database that local authorities must update following the making of a Banning Order, and may update following a conviction for a banning order offence.

Significant progress has been made through Council wide efforts to regulate the private rented sector in Ealing. On the 1 January 2017, with the aim of improving standards in the boroughs private rented sector, Ealing Council introduced two new private rented property licensing schemes; borough wide additional (HMO) licensing and selective licensing of all other privately rented properties in the five wards of Acton Central, East Acton, South Acton, Southall Green and Southall Broadway. 

Significant outcomes since the introduction of the licensing schemes include:

Over 6000 applications have been received

    Approximately 3000 requests for service have been responded to.

Over 5000 properties have been visited during borough wide street surveys.

Over 200 statutory notices have been served upon landlords requiring property improvements where poor property conditions have been found

1 landlord has been prosecuted for failing to obtain the relevant property licences and for failing to provide gas and electrical safety certificates, resulting in fines and costs totalling over £11,000.

Over 400 formal housing health and safety inspections have been undertaken, identifying poor living conditions.

Approximately 6000 warning letters have been sent to landlords requiring licence applications to be submitted.

 

However, Enforcement officers continue to uncover on a daily basis housing crimes across the borough and there is a need strengthen enforcement deterrents to help ensure all landlords comply with their legal obligations.

Through the adoption of the new powers, the Act allows Councils to impose a financial civil penalty as an alternative to criminal prosecution of a rogue landlord or property agent where, the following offences under the Housing Act 2004 are committed:

Failure to comply with an Improvement Notice (section 30);

Offences in relation to licensing of HMOs [Houses in Multiple Occupation] (section 72);

Offences in relation to licensing of houses under Part 3 of the Act (section 95);

Offences of contravention of an overcrowding notice (section 139);

Failure to comply with management regulations in respect of HMOs (section 234) for example those involving household waste control.

Breaching of a Banning Order (Housing and Planning Act 2016, section 23)

 

Therefore, the new enforcement powers would enhance those already exercised by the Property Regulation team in tackling that minority, of rogue landlords and agents who;

Operate unlicensed properties

Fail, when notified by the council to; repair, manage or improve their property so that it meets statutory safety and living standards.

Fail to comply with a notice to reduce overcrowding in a property.

Fail to meet the safety, maintenance and other requirements for the Management of Houses in Multiple Occupation (HMOs).

Breach a ‘Banning Order’.

 

The Council’s ability to levy significant, up to £30,000, civil penalties without the need to take criminal prosecution proceedings, would be a powerful deterrent in curbing criminal landlord behaviour and enhance current enforcement strategies intended to raise the accommodation standards in the private rented sector and gain licensing and safety compliance.

The Act also introduces new ‘Banning Orders’ and extends the type of offences where Rent Repayment Orders (RRO’s) can be sought against criminal and rogue landlords and; implemented the Ministry of Housing, Communities and Local Government (MHCLG’s), "rogue landlord database", intended to facilitate in identifying the worst offenders.

In relation to the new powers the Government has stated the following:

The use of Banning Orders will stop the worst criminal landlords from operating in England or face imprisonment and a fine.

The use of new (RRO) Rent Repayment Order powers will stop Criminal Landlord benefiting from the public purse (Housing Benefit/Universal Credit)

The use of Rogue Landlord Databases will allow more joined up enforcement and information sharing across London and the rest of England

 

The Property Regulation team is well prepared to exercise these powers in tackling illegal and undesirable behaviours amongst a minority of landlords and property agents who, flout the law in pursuit of greater financial gain. Such undesirable behaviours are manifestly detrimental to both, the financial and personal wellbeing of tenants and, to the interests of those landlords and property agents, the majority, who invest in full compliance and maintain their properties to the appropriate standards.

Therefore, compliance strategies incorporating these new powers would guard against abuse of position by the rogue landlord with respect to the tenant’s safety and legal rights and, counter unfair and undesirable practices which, undermine the commercial rental sector’s viability and reputation.

Alternative Options Considered

If the new powers contained in Part 2 Housing and Planning Act 2016 were not adopted, the Council would still retain a range of enforcement options to tackle non-compliant landlords and agents who rent to private tenants. However, the new available powers are considered to supplement and enhance the existing powers and, for example, the Council will retain the option to prosecute landlords for the worst offences. For this reason, and for the reasons outlined above, the adoption of the new Housing and Planning Act powers is the most appropriate option.

Resolved:

That Cabinet:

i) authorises officers to invite and evaluate tenders for a contract in accordance with the Public Contracts Regulations 2015 (as amended) for the provision of a community drug and alcohol treatment service for adults and young people. It is anticipated that the contract will commence on April 1 2020 and will be for a period of 5 years until March 2025 with the option to extend for up to two years to March 2027. The contract is currently funded from the Public Health Drugs and Alcohol service budget within the Council’s overall Public Health grant.

ii) delegates authority to the Executive Director Children, Adults & Public Health, following consultation with the two relevant portfolio holders, Cllr Binda Rai (Health and Adult Services) and Cllr Yvonne Johnson (Schools and Children’s Services and Deputy Leader), to award the contract following the evaluation of tenders on the basis that it is the most advantageous tender based on quality and cost.

iii) notes there is a budget available within the Public Health Grant to fund the contract and the service will endeavour to find efficiencies during the tender process.

Reasons for Decisions and Options Considered

Substance misuse (alcohol and drugs) is a cause of considerable harm to the health and wellbeing of Ealing residents. It has a significant impact on health services, the criminal justice system, community safety, and is an important contributor to the social care needs of adults and children. Local Authorities commission community drug and alcohol services for adults and young people as part of their public health responsibilities.

The repercussions of substance misuse are felt across the community, and the evidence base established by the National Treatment Agency and Public Health England shows investment in drug and alcohol services provide a strong and significant return on investment. Public Health England in their Social Return on Investment calculations estimates there is a £4 return on every £1 invested in drug treatment and £3 return on every £1 invested in alcohol treatment.

 

There are three sets of public health funding for drug and alcohol treatment in Ealing Local Authority.

 

The first covers the delivery of community based medical and psychosocial treatment services to adult substance misusers in Ealing and is delivered by RISE (Recovery Integrated Services in Ealing), a consortium led by the current provider Change, Grow, Live (CGL). Cabinet agreed to extend this contract until the end of March 2020 on April 19th 2016.

The second set of funding is for a young people’s drug and alcohol service, which is currently delivered by CGL’s EASY project. Contracts Board agreed to extend this contract until the end of March 2020 to enable a single procurement process and contract moving forward.

The third set of funding is available for the provision of residential rehabilitation and inpatient detoxification services (referred to as ‘Tier 4’ treatment). Cabinet agreed to procure a Dynamic Purchasing System (DPS) to enable the social work team to call-off care packages for these services until the end of March 2020 with the option to extend the DPS for a further two years until March 2022. This public health funding is currently managed by the Ealing Substance Misuse Team, situated within Adult Services in Ealing Council, and is matched with funding from Adult Services which pays for the social work team and placements. Ealing considered the following options for commissioning the young people’s and adults’ community drug and alcohol treatment services:

Option one – commissioning with other local authorities. Ealing explored the possibility of commissioning with neighbouring boroughs. Their timelines were not compatible but, more importantly, as boroughs have reduced their contract price by different amounts, there is a risk that Ealing could have found themselves subsidising a partner borough in a jointly commissioned treatment system. Not Recommended.

Option two – Combining the young people’s substance misuse contract, the adult treatment contract and the social work team and placements’ budget into one complete substance misuse contract. This would involve contracting out the social work team and their budgetary responsibility to an external provider, which could deliver some management saving costs. The external provider would then have responsibility for delivering the Local Authority’s Care Act assessments and managing the placement budget. They would have to develop an alternative framework for managing suppliers as they wouldn’t be able to access the current Ealing Substance Misuse Dynamic Purchasing System. Adult Services felt this option would not support the current Better Lives agenda and ethos and potentially exposed the Local Authority to an unacceptable degree of risk by outsourcing the Care Act responsibility. The social work team also deliver some other functions within the Local Authority including AMHP (approved mental health professional) assessments, which could be threatened by this arrangement. The social work team are, however, integrating their work more effectively into RISE and will continue to work in this way with the new contract. Not Recommended.

Option three - combining the young people’s and adult substance misuse services into one contract. This would offer the provider more flexibility when delivering interventions to people in the transitional age range (18-24), choosing the more appropriate setting for each young adult. It also means the management costs of a small young people’s team are embedded in the larger adult treatment contract, increasing the capacity of the young people’s service. This is the preferred option as it provides stability for the young people’s service, which is not substantial enough to let as a stand-alone contract, and reflects the current service configuration with RISE’s lead provider, CGL, delivering the young people’s service under the oversight of RISE’s management team, thereby absorbing previous public health cuts. Recommend

 

Ealing will continue to procure an integrated drug and alcohol treatment system as per option 3 for several reasons. It reduces attrition as a service user is not passed between different providers at different stages in their treatment journey, and means there is only one National Drug Treatment Monitoring System (NDTMS) code for the whole service rather than different codes for different treatment service components, which can lead to problems in data quality, affecting the performance of the overall Public Health Outcome Framework. An integrated system also delivers economies of scale with fewer senior management costs, and streamlines contract management.

Ealing will be unable to approach Social Impact Bonds (SIBs) to fund this contract because it is core delivery and is expected to be procured using money from the Public Health grant. SIBs have been used in substance misuse via the government’s Life Chances’ Fund to part-finance new and innovative models of treatment for particular cohorts or specific care pathways, but not to finance an entire drug and alcohol treatment system for one area.

The contract will be let to a provider/providers where the emphasis will be to ensure there is more service user choice within the system. This will provide flexibility so if a service user does not connect with one approach and offer, there are alternatives within the system. Ealing Local Authority will encourage larger organisations to partner up with smaller peer support providers and local voluntary sector specialists through a market engagement event. This will help to produce a model with diversity in the treatment system offer and a solid understanding of the local community. The size of the contract and the TUPE implications of transferring the current staff team from three organisations into the new contract, including the transfer of NHS staff and their pensions, excludes smaller suppliers from bidding on their own.

Resolved:

That Cabinet:

i) notes the findings of the Stop Smoking service consultation as set out in Appendix 1 of the report and related appendices.

ii) recommends that the Council ceases the smoking cessation provision, which is a non-mandatory service, when the current contract for the provision of Stop Smoking services come to an end on 31 March 2019.

iii) notes a review of other public health services be carried out with a view to examining the possibility of providing a smaller but more targeted smoking cessation service and note that any correspondent costs would need to be mitigated by savings across the available Public Health budget.

Reasons for Decisions and Options Considered

Ongoing, deep cuts to government funding will mean the council has £143million less in government funding by 2021 than it did in 2010. This is equivalent to a 64% reduction. This cut, along with a series of other factors including an aging population, rising costs and increasing demand for social care services, means that the council has no choice but to rethink the way that it pays for and delivers local services in order to secure their future sustainability.

The Public Health grant has reduced from £25.571m in 16/17 to £24.3m in 18/19 and that there will be further reductions of around £642,000 by 2020. The proposed savings of £0.395m in 2019/20 will be achieved by ceasing the Stop Smoking service from 1 April 2019. The current Stop Smoking service contract expires on 31 March 2019. There is a contractual option to extend the contract for a further year.

To achieve the identified savings, the council consulted on the proposal to not continue the Stop Smoking service contract after 1 April 2019. The council will continue to maintain and deliver key public health services (known as mandated services) such as health checks, sexual health and drug and alcohol services in line with its statutory responsibilities and Public Health England guidance. Other Local Authorities have taken a similar approach and either reduced or in some cases, stopped their smoking cessation service.

Stop Smoking Services are an area of discretionary spend and were therefore in scope for consideration to contribute to savings. Whilst Stop Smoking services are not mandated, Local Authorities have a general duty (under the Health and Social Care Act 2012) to reduce health inequalities and improve the health of the local population.

Smoking prevalence in Ealing, similar to national trends, has been steadily falling over the last ten years, and is now at its lowest level (at 15.4% in 2016). Emerging evidence suggests that this trend is likely to continue in the face of the ban on smoking in public places, plain packaging legislation and evidence about the safety of 'vaping' as an alternative to tobacco. However, it is important to recognise that these falls have been less marked in more deprived groups and smoking therefore remains an important driver of heath inequalities.

There are nearly 54,000 smokers in Ealing, of whom 5-6% currently access the Stop Smoking service. We know that residents who smoke are more likely to be in low income groups, certain black and minority ethnic (BME) groups and other disadvantaged communities.

The number of people quitting smoking through Stop Smoking services has been declining locally and nationally over recent years. The evidence shows that smokers are increasingly less likely to access traditional face-to-face services. Part of this decline is related to the emergence of e-cigarettes. Just under 3 million people in the UK are now using e-cigarettes either to quit smoking tobacco or as a harm reduction aid, substituting some cigarettes with use of an e-cigarette. It is estimated that e-cigarettes could be contributing to at least 20,000 successful new quits per year and possibly many more. E-cigarette use is also associated with improved quit success rates over the last year and an accelerated drop in smoking rates across the country.

The West London Mental Health NHS Trust (WLMHT) has been commissioned by Ealing Council to deliver the Stop Smoking service including the wider tobacco control agenda since 1 April 2016. The service is delivered as one element of the One You Ealing programme (which provides a range of Integrated Lifestyle Services). It provides universal access to all Ealing residents. Service delivery is largely face-to-face and based in GP practices and community pharmacies. Although there is an option for text and/or telephone support, this is not the main current focus of the service. The service is based upon behavioural support and pharmacotherapy where appropriate, and is provided by community trained advisers through one to one advice or group work.

The Ealing Tobacco Control Alliance (TCA) brings together a number of agencies involved in tobacco control initiatives, smoking prevention and cessation. The Alliance oversees the Ealing Tobacco Control Strategy and annual action plans in line with local, regional and national policy. The members of the TCA include WLMHT Stop Smoking service, Ealing Council health and safety, environmental health, trading standards, licensing team and MET police; this wide membership reflects the broad tobacco control agenda. This broader agenda includes tackling illegal and counterfeit tobacco products, enforcing smokefree and sales legislation, ensuring that cigarettes, tobacco and niche tobacco products are displaying the appropriate health warnings, creating smokefree zones such as children’s playgrounds; ensuring Shisha premises are regularly inspected and supplied with advice on compliance including information on appropriate health warnings that are required on marked tobacco products.

 

Ealing’s Tobacco control 5-year strategy (2016-21) was developed and implemented by the Tobacco Control Alliance. The strategy has been recently updated to mirror the government’s National Tobacco Plan (published in July 2017) and ensure the national priorities are addressed in a local delivery action plan.

Ealing Council has received grant funding to develop a Making Every Contact Count (MECC) model and to develop a train the trainer model to promote MECC. This intervention provides an evidence-based technique to ask people about lifestyle behaviour changes including stopping smoking, reducing alcohol consumption, increasing physical activity and improving diet. If individuals wish to explore changing their behaviour they can be signposted to available support services. It can also provide an opportunity to provide accurate information. With regards to smoking cessation, it is considered the first and briefest possible smoking intervention; individuals can be signposted to the national NHS Smokefree helpline https://www.nhs.uk/smokefree

Smoking remains the biggest cause of premature mortality in England, accounting for around 80,000 deaths each year, approximately 884 deaths in Ealing. The estimated smoking population of Ealing is 40,244. Each year in Ealing, it is estimated that smoking costs society approximately £72.4 million. This includes £3.8 million per year smoking related social care needs costs, £0.62million is due to treating the effects of passive smoking in non-smokers and £11.7million to NHS as result of treating smoking related diseases. Local businesses in Ealing also lose approximately 111,653 days of productivity every year due to smoking-related sick days, costing around £11.6 million. (ASH, June 2018).

The cost of tobacco represents a higher proportion of household income amongst poorer smokers, meaning that their tobacco use not only damages their health but also contributes to trapping people in poverty. According to the latest briefings 17% (n=4,301) of households with a smoker in Ealing fall below the poverty line, if these smokers were about to quit, 1,572 households in Ealing will be elevated out of the poverty line. (Briefings by ASH, 2018)

Public Health England recommends evidence based interventions: Face-to-Face behavioural support with pharmacotherapy improves a smoker's chance of successfully quitting to four times greater than attempting to stop without additional support.

  1. Item 23 - CONFIDENTIAL Appendix B - combined
    • Information relating to the financial or business affairs of any particular person (including the authority holding that information);
  2. pdf Item 23 - Appendix C - EAA (293Kb)

Resolved:

That Cabinet:

i) approves the award of the contract in the sum of £6,635,370.03 to Geoffrey Osborne Limited for the Belvue School Expansion works to be funded from the existing approved Capital Programme budget of £7.496m for SEN Expansion at Belvue School as set out in the Capital Programme 2017/18 to 2021/22 reported to Cabinet on 13 February 2018.

ii) notes the letter receive by Cabinet members from Unison regarding issues relating to the caretaker’s housing situation and requests that further work is done to seek a resolution without delaying the project.

Reasons for Decisions and Options Considered

The decision is required to enable the Council to progress with capital works to this school to facilitate expansion in line with approved statutory proposals and to secure sufficient places to meet future demand.

Awarding the building contract for the Belvue School Expansion works will allow the Council to carry out its statutory duty of providing sufficient school places. Should this project not proceed then the additional places will need to be provided through the non-maintained and independent sector at significantly higher cost to the High Needs SEN budget.

24 Date of Next Meeting
The next meeting will be held on 11 September 2018.
Resolved

That Cabinet notes that the next meeting of Cabinet will be held on 11 September 2018 at 7pm

Paul Najsarek, Chief Executive, 2 July 2018.

The minutes should be read in conjunction with the agenda for the meeting. They are subject to approval and signature at the next meeting of this Committee.

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