Agenda, decisions and minutes

An apology for latness was received from Councillor Farah (Lead Member of Adult Social Care).

An apology for lateness was received from Councillor Farah (Lead Member of Adult Social Care).

Members are invited to declare at this stage of the meeting, the nature and existence of any relevant disclosable pecuniary or personal interests in the items on this agenda and to specify the item(s) to which they relate.

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To approve the minutes of the previous meeting held on 15 June 2020 as a correct record.

Cabinet RESOLVED to approve the minutes of the previous meeting held on Monday 15 June 2020 as an accurate record.

RESOLVED that the minutes of the previous meeting held on 15^th June 2020 be approved as an accurate record of the meeting.

To consider any matters arising from the minutes of the previous meeting.

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To discuss any petitions from members of the public, in accordance with Standing Order 66.

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There are no reference reports from either of the Council’s Scrutiny Committees for consideration at this meeting.

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This report provides an overview of the findings of the Poverty Commission chaired by Chaired by Lord Richard Best, and outlines the draft emerging recommendations.

Pre meeting Update: Members are asked to that this item has been deferred for consideration at the Cabinet meeting on 7 September 2020.

Cabinet NOTED that this item had been deferred for consideration at the Cabinet meeting on 7 September 2020 in order to enable advance consideration of the emerging findings and recommendations by the Council’s scrutiny function.

Following advice from Councillor Eleanor Southwood (Lead Member for Housing and Welfare Reform) Cabinet NOTED that the report from the Commission had been deferred, and were informed this was due to a desire for the emerging recommendations and draft report to first be considered through the scrutiny process.  It was anticipated the report would be submitted to Cabinet in September for consideration.

This report seeks approval for a proposal to introduce two new support funds using the surplus money from the Council Tax: COVID-19 Hardship Fund 2020-21.

NOTED the comments from Councillor Kelcher highlighting the recommendations made by the Resources & Public Realm Scrutiny Committee when considering the proposals outlined in the report, at their meeting on 14 July 2020.  Having recognised the economic as well as health and social impact impact of the Covid-19 pandemic on local residents, the Committee had welcomed the proposed establishment of the new support funds and made the following recommendations in support:

·             That the Covid-19 Interest Free Loans eligibility criteria should be extended to include debt;

·             A member development session be arranged on the new support funds and their referral process;

·             That information already held be used to proactively offer advice and support for vulnerable local people;

·             A review of debt collection processes be undertaken in light of Covid-19 to ensure that the circumstances of vulnerable people adversely affected by the pandemic were fully taken into account.

Cabinet RESOLVED to

(1)    Note the proposals set out in sections 5 and 6 of this report to introduce two new support funds using the surplus money from the Council Tax: COVID-19 Hardship Fund 2020-21.

(2)    To approve the establishment of a grant facility to assist Brent residents financially impacted by Covid-19 as set out in section 5 of the report (“Covid-19 Support Fund Grant”).

(3)    To delegate to the Strategic Director for Customer Services in consultation with the Cabinet Member for Housing and Welfare Reform authority to agree eligibility criteria for the Covid-19 Support Fund Grant above and thereafter administer and award grants.

(4)    To approve the establishment of an interest free loan arrangement to assist Brent residents financially impacted by Covid-19 as set out in section 6 of the report (“Covid-19 Support Fund Loan”).

(5)    To approve payment to the Credit Union of such sums remaining in the Council Tax – COVID – 19 Hardship Fund 2020 – 21 and at such frequency as the Director of Finance considers appropriate from which Covid-19 Support Fund Loans will be made and delegates to the Director of Finance in consultation with the Director of Legal, HR, Audit and Investigations authority to finalise the terms of the investment.

(6)    To delegate to the Strategic Director for Customer Services in consultation with the Cabinet Member for Housing and Welfare Reform authority agreement of the final eligibility criteria based on the draft eligibility criteria in Appendix 2 for the Covid-19 Support Fund Loan and thereafter administer it in association with the Credit Union.

(7)    To delegate to the Strategic Director for Customer Services in consultation with the Cabinet Member for Housing and Welfare Reform authority to review and agree revised eligibility criteria for both the Covid-19 Support Fund Grant and the Covid-19 Support Fund Loan for the reasons detailed in paragraphs 5.16 and 6.19 of the report.

(8)    To support and approve the following recommendations made by the Resources & Public Realm Scrutiny Committee being taken forward as part of the development and implementation of the new support funds:

(a)    That the Covid-19 Interest Free Loans eligibility criteria  ...  view the full decision text for item 8.

Councillor Margaret McLennan (Deputy Leader and Lead Member for Resources) introduced the report, and highlighted that it had been produced in partnership with the Lead Member for Housing and Welfare, Councillor Eleanor Southwood. Cabinet noted that the Authority had received £3.9 million in funding from the Ministry of Housing Communities and Local Government for the creation of a hardship fund, with the expectation that a contribution be given to all residents of working age in council tax support. When these grants had been discharged £2.6 million remained available, and the report outlined a proposal to distribute the remainder through the creation of two new support funds.

Councillor Muhammed Butt (Leader of the Council) then welcomed Councillor Kelcher to the meeting who had requested to speak on this item as Chair of the Resources and Public Realm Scrutiny Committee, in order to outline the comments and recommendations made by the Scrutiny Committee when they had considered the proposals within the report, at their meeting on 14 July 2020.

Councillor Kelcher advised that the Scrutiny Committee had recognised the economic as well as health and social impact of the Covid-19 pandemic on local residents, amd as such had welcomed the proposed establishment of the new support funds and made the following recommendations in support:

·                That the Covid-19 Interest Free Loans eligibility criteria should be extended to include debt;

·                A member development session be arranged on the new support funds and their referral process;

·                That information already held be used to proactively offer advice and support for vulnerable local people;

·                A review of debt collection processes be undertaken in light of Covid-19 to ensure that the circumstances of vulnerable people adversely affected by the pandemic were fully taken into account.

As comments made during the discussion, Cabinet further noted that the creation of interest free loans distributed through a credit union would provide sustainable support beyond the March 2021 deadline set by government for the distribution of the funds, and were informed the schemes had been reviewed as part of the Poverty Commission. Councillor McLennan also took the opportunity to thank officers for their work on the report, noting that schemes would assist many local residents in hardship.

In expressing their endorsement for the proposal, Cabinet noted the alleviation the schemes would provide to those residents not eligible for alternative support, and the importance of developing the borough’s mutual sector. Whilst noting that authority had been delegated to officers to determine the criteria for the allocation on the scheme, Cabinet requested that these criteria be circulated to all Members as soon as developed. The Strategic Director of Finance agreed to this request, highlighting that the grant programme was due to launch on 1^st August, followed by a tender exercise for selection of a credit union and the launch of the loan scheme on the 7^th August.

It was RESOLVED that Cabinet:

(1)          note the proposals set out in sections 5 and 6 of the report to introduce two new support  ...  view the full minutes text for item 8.

This report seeks to provide background on the Council’s policy of the use and exercise of its discretion under section 13A(1)(c) of the Local Government Finance Act 1992 and details of a new discretionary relief policy under the same act.

Cabinet RESOLVED to:

(1)        approve the proposed discretionary reduction Policy pursuant to section 13A(1)(c) of the Local Government Act 1992 as set out in Appendix A of the report.

(2)    note that the proposed Policy pursuant to section 13A(1)(c) of the Local Government Act 1992 linked to council support for vulnerable residents alongside other support mechanisms such as Discretionary Housing Payments (DHP) and Local Welfare Assistance (LWA).

(3)    delegate authority to the Strategic Director, Customer and Digital Services in consultation with the Director of Finance in respect of decisions on individual applications for reducing Council Tax payable pursuant to the proposed policy under section 13A(1)(c) of the Local Government Finance Act 1992. as set out in Appendix A of the report.

Councillor Eleanor Southwood (Lead Member for Housing and Welfare Reform) and Councillor Margaret McLennan (Deputy Leader and Lead Member for Resources) introduced the report, which sought approval for the introduction of a Policy to formalise the authority’s usage of Section 13A(1)(c) of the Local Government Finance Act 1992.  Cabinet were made aware that the authority had recently discharged this function in the distribution of the funding provided by the government for use as a council tax support scheme during the COVID-19 pandemic.

In addition, it was note that the Policy would permit the authority the discretion to apply exemptions in council tax by class, for example to care leavers. 

It was RESOLVED that Cabinet:

(1)          approves the proposed discretionary reduction Policy pursuant to section 13A(1)(c) of the Local Government Act 1992 as set out in appendix A of the report.

(2)          notes that the proposed Policy pursuant to section 13A(1)(c) of the Local Government Act 1992 linked to council support for vulnerable residents alongside other support mechanisms such as Discretionary Housing Payments (DHP) and Local Welfare Assistance (LWA).

(3)          delegates authority to the Strategic Director, Customer and Digital Services in consultation with the Director of Finance in respect of decisions on individual applications for reducing Council Tax payable pursuant to the proposed policy under section 13A(1)(c) of the Local Government Finance Act 1992 as set out in Appendix A of the report.

This report seeks approval for the Parking Policy 2020, superseding the 2015 Parking Strategy. The Policy sets out the Council’s agreed current policies relating to Parking, updated to reflect agreed changes from November 2015 through to March 2020.

Cabinet RESOLVED to

(1)    approve the Parking Policy 2020 attached as Appendix A to the report, superseding the Council’s 2015 Parking Strategy; and

(2)    note and confirm the policy revisions set out in paragraph 3.5 of the report that had been introduced since 2015, following Cabinet approval.

Councillor Krupa Sheth (Lead Member for Environment) introduced the report outlining the 2020 Parking Policy, which provided a comprehensive guide to current parking policies and operational practices. The Policy had been built on the 2015 Parking Policy and reflected cabinet decisions over the past five years along with the long term parking strategies and goals for the authority, including those represented in the borough plan.

Cabinet’s attention was drawn to three key achievements made in recent years that had been captured in the new policy; the amendment in the price of parking bookings, the simplification of parking emission zones for resident’s permits, and the introduction of a diesel surcharge on permits, to encourage the use of cleaner vehicles.

Whilst supporting the inclusion of a provision for special events and one-off events, Members queried whether the timeframe for approval of road closures was conducive to the aim of encouraging community use of local streets. It was clarified that the six to eight week turnaround for approval of applications only applied to larger events requiring a Traffic Management Order (TMO) and was for statutory and safety reasons. 

In supporting the detailed data on the number of CPZ zones and the clarity provided on parking transgression codes, Councillor Muhammed Butt, Leader of the Council, highlighted the importance that all members were made aware of the policy, so they could have a complete understanding of parking practices in the borough. 

It was RESOLVED that Cabinet:

(1)          approves the Parking Policy 2020 attached as Appendix A to this report, superseding the Council’s 2015 Parking Strategy.

(2)          notes and confirms the policy revisions set out in paragraph 3.5 of the report that had been introduced since 2015, following Cabinet approval.

This report seeks approval for the proposed methodology for billing residents for heating and hot water at residential properties which are metered for heat to meet Council objectives and ensure compliance with the Heat Networks (Metering and Billing) Regulations 2014. 

Cabinet RESOLVED to:

(1)        approve the option and implementation of credit billing for heating and hot water in residential communal system’s and incorporate a heat meter as set out in the report.

(2)        approve the in house management of the billing for heating and hot water residential properties at Gloucester & Durham as set out in the report,

(3)        approve the setting of tariffs in accordance with the guidance set out by the Heat Trust (in the absence of any current regulation on heat prices).

(4)        delegate authority to the Director of Finance, in consultation with the Strategic Director of Community Wellbeing and the Deputy Leader of the Council and Lead Member for Resources, to agree a metering and billing policy in line with the recommended option set out in paragraphs 5.2 – 5.5 of the report and thereafter implement and operate the policy subject to such modifications as the Director of Finance considers necessary.

Councillor Margaret McLennan (Deputy Leader and Lead Member for Resources) introduced the report, which detailed a methodology for billing residents of properties that were metered for heat on communal heating systems. Such properties were planned as part of the South Kilburn District Energy Scheme, and would support the authority’s targets in reducing fuel poverty and meeting its climate emergency objectives. The proposal was for a trial of the scheme to be undertaken at Gloucester and Durham Courts, and Cabinet noted that residents of the trial area had been consulted and were supportive of the scheme.

Cabinet’s attention was drawn to the provision within the methodology that no tenant would be billed for heat they did not use, and that there would be no allowance for pre-billing. 

It was RESOLVED that Cabinet:

(1)          approve the option and implementation of credit billing for heating and hot water in residential communal system’s and incorporate a heat meter as set out in this paper.

(2)          approve the in house management of the billing for heating and hot water residential properties at Gloucester & Durham as set out in the report;

(3)          approve the setting of tariffs in accordance with the guidance set out by the Heat Trust (in the absence of any current regulation on heat prices)

(4)          delegate authority to the Director of Finance, in consultation with the Strategic Director of Community Wellbeing and the Deputy Leader of the Council and Lead Member for Resources to agree a metering and billing policy in line with the recommended option set out in paragraphs 5.2 – 5.5 of the report and thereafter implement and operate the policy subject to such modifications as the Director of Finance considers necessary.

This report seeks approval for a proposal to introduce Off Street Controlled Parking (OSCP) through Traffic Management Orders on land owned by the Council within its Housing Revenue Account. The report also sets out two options for a parking enforcement service setting out different approaches to the management of the OSCP. The proposal is informed by recommendations from a commissioned review carried out by the Project Centre Limited (PCL), who are parking consultants.

Cabinet RESOLVED to:

(1)      note the contents of the report and approve the proposal to introduce Off Street Controlled Parking through Traffic Management Orders on land owned by the Council within its Housing Revenue Account.

(2)      delegate authority to the Strategic Director for Community Wellbeing, in consultation with the Strategic Director for Regeneration and Environment, to carry out statutory consultation in relation to the proposed Traffic Management Orders, consider the consultation responses and thereafter, subject to any modifications as seen fit, to make and implement Traffic Management Orders on land owned by the Council within its Housing Revenue Account.

(3)     endorse Option Two as the preferred service delivery option, as set out in paragraphs 4.8.6 to 4.8.12 of the report.  This option involved implementing Off Street Controlled Parking through a Traffic Management Order and following implementation, varying the Council’s contract with SERCO to enable them manage the scheme.

(4)     note the proposed five pilot sites as set out in paragraph 3.8 of the report and approve the approach to further roll out, subject to an evaluation report, consultation with residents and approval of the capital investment required.

(5)     agree to charge residents £50 per annum per vehicle for their parking permits under Off Street Controlled Parking schemes on Council estates.

Councillor Eleanor Southwood (Lead Member for Housing and Welfare Reform) introduced the report seeking approval for a renewed approached to parking enforcement on council owned housing estates. Cabinet noted that the limited enforcement action available to the current provider had resulted in many complaints from residents, councillors and emergency services, and were supportive of any action that could be taken to rectify the issue.

If approved, the recommended proposal, which would allow for meaningful enforcement, would be piloted on five estates and resident involvement in the process had been forefront. Councillor Southwood therefore recommended the Cabinet approve the extension of an existing agreement with SERCO, which, being the quickest option to introduce, would alleviate the safety concerns in the shortest timeframe.

It was RESOLVED that Cabinet:

(1)          note the contents of the report and approve the proposal to introduce Off Street Controlled Parking through Traffic Management Orders on land owned by the Council within its Housing Revenue Account.

(2)          delegate authority to the Strategic Director for Community Wellbeing, in consultation with the Strategic Director for Regeneration and Environment, to carry out statutory consultation in relation to proposed Traffic Management Orders, consider the consultation responses and thereafter, subject to any modifications as seen fit, to make and implement Traffic Management Orders on land owned by the Council within its Housing Revenue Account.

(3)          endorse Option Two as the preferred service delivery option, as set out in paragraphs 4.8.6 to 4.8.12 of the report. This option involves implementing Off Street Controlled Parking through a Traffic Management Order and following implementation, varying the Council’s contract with SERCO to enable them manage the scheme.

(4)          note the proposed five pilot sites as set out in paragraph 3.8 of the report and approve the approach to further roll out, subject to an evaluation report, consultation with residents and approval of the capital investment required.

(5)          agree to charge residents £50 per annum per vehicle for their parking permits under Off Street Controlled Parking schemes on Council estates.

This report provides an update on progress made towards delivering against the Council’s housing targets over the five year period (2019 – 2024). The report also provides a summary of the additional developments being assessed and progressed, with an indication of key issues, practical considerations and steps being taken moving forward.

Cabinet RESOLVED to:

(1)    Note, subject to the clarification provided regarding the reference to William Dunbar/William Saville Houses in section 5.6.2 of the report, the contents of the report and progress to date in delivering both the New Council Homes Programme (NCHP) and other programmes and projects in place to deliver a total of 5,000 new affordable homes in the borough by 2024.

 (2)   Note the steps being taken as set out principally in sections 6 and 7 of the report to add value to the programme, specifically in relation to stakeholder engagement and landscaping.

Councillor Eleanor Southwood (Lead Member for Housing and Welfare Reform) introduced the report which provided an update on the progress of the New Council House Programme. A further three sights had been added to the programme, comprising 370 homes; new opportunities to increase the stock were always sought including through Section 106 Orders. Cabinet noted that the figures presented excluded the additional homes on St Raphael’s estate, where residents were due to be balloted on options for approval.

Having received an update on the various stages of approval and construction of the sites, Cabinet were pleased to note that the programme was on track, with an anticipation that the target number of new homes would be exceeded. In giving the programme their full support, Cabinet noted that Brent were leading the way on the delivery of affordable sites in London, as well as recognising the commitment to providing community facilities, which would benefit those most at need.

In considering the report, Cabinet noted the following corrections identified by Councillor Southwood during the meeting:

·                Section 5.6 - South Kilburn Regeneration to add prior to the existing paragraphs “The below points are in relation to the South Kilburn Programme, which is separate to that of the New Council Homes Programme”;

·                Section 5.6.2 to amend the first sentence to read “There are potential opportunities at the following sites that will increase the overall delivery of the South Kilburn programme:”

·                Section 5.6.2 to add after the bullet points – “These adjustments to delivery volumes would not change the inclusion of the sites in the South Kilburn Programme nor the offer to existing South Kilburn tenants

It was RESOLVED that Cabinet:

(1)          Note, subject to the above amendments, the contents of the report and progress to date in delivering both the New Council Homes Programme (NCHP) and other programmes and projects in place to deliver a total of 5,000 new affordable homes in the borough by 2024.

(2)          note the steps being taken as set out principally in Sections 6 and 7 of the report to add value to the programme, specifically in relation to stakeholder engagement and landscaping.

This report sets out the 2019/20 outturn position against the revenue budget.

Cabinet RESOLVED to note the overall financial position, as detailed within the report.

Councillor McLennan (Deputy Leader and Lead Member for Resources) introduced the report which set out the authority’s financial position at the conclusion of the 2019/20 financial year. Cabinet were informed that the Authority had broken-even, with overspend in the Adult Social Care: Home Care Programme Retender, on Special Education Needs (SEN) and on complex child placements, being offset by savings elsewhere across the Council. In summing up Councillor McLennan thanked the finance team for their work on the report.

It was RESOLVED that Cabinet note the overall financial position, as detailed within the report.

This report sets out the current forecasts of income and expenditure against the budget for 2020/21 and other key financial data.

Cabinet RESOLVED to note the overall financial position and the actions being taken to manage the issues arising, as outlined at the meeting and detailed within the report.

Councillor McLennan (Deputy Leader and Lead Member for Resources) introduced the report, which detailed the current forecast of income and expenditure against the revenue budget for 2020/21 and other key financial data.  Excluding the impact of Covid-19 the Council was currently forecasting an overspend of £0.9m on the General Fund, which related to Children & Young People. The overspend within Children and Young People had been due to a number of complex cases involving the placements of older children into care. The Cabinet were assured that the department was working hard to alleviate the overspend.

Whilst presenting the financial position for Q1 Councillor McLennan emphasised the change to the financial position in light of COVID-19, which would be further detailed in subsequent reports.

Cabinet noted that the third tranche of government funding referred to in the report, had now been allocated, with the authority receiving £3.4 million for a total government contribution of £21.8 million.

It was RESOLVED that Cabinet note the overall financial position and the actions being taken to manage the issues arising as outlined at the meeting and detailed within the report.

This report outlines the financial position of the Council and seeks approval for the proposed budget setting strategy for 2021/22.

Cabinet RESOLVED to:

(1)    note the contents of the report and the potential financial impact on the Councils Medium Term Financial Strategy.

(2)    agree the budget setting process for 2021/22, including the approach to consultation and scrutiny, as set out in section five of the report.

(3)    confirm the intention, as previously announced and subject to consultation and any other material changes to circumstances, to increase council tax by 3.99% in 2021/22.

(4)    note the Capital budgets and agree the proposed 2019/20 capital budget carry forwards and capital virements, as  set out in section six of the report.

Councillor McLennan (Deputy Leader and Lead Member for Resources) introduced the report which set out the medium term financial outlook for the authority in light of the challenges, risks and uncertainties as a result of the spending related to COVID-19. Cabinet were informed that the budget set in February for 2020-2023 would need to be reviewed in light of the financial measures necessitated to tackle COVID-19.  The impact on the Council’s overall financial position as a result of Covid-19 had generated additional pressures estimated at £47 million. Three tranches of government funding worth £21.8 million had been received, leaving a shortfall to be addressed alongside the further additional pressures that were continuing to emerge. 

As a result, Cabinet were informed that the Authority were starting to plan in order to mitigate these impacts identified, in both the short to medium term..

In concluding her introduction Councillor McLennan regretted the position and highlighted the need for the Council to develop a response that continued to maintain a commitment to strong financial resilience and sustainability given the significance of the financial challenges faces but also recognised the prudent approach adopted by the Council in management of its budget to date.

Councillor Muhammed Butt, Leader of the Council, acknowledged that the process would be difficult. The authority would continue to capture all costs associated with the response to COVID and were expecting that government would keep their commitment to reimburse local authorities for all expenses. Cabinet committed to continue to lobby London Councils and the London General Assembly to this end.

It was RESOLVED that Cabinet

(1)          note the contents of the report and the potential financial impact on the Councils Medium Term Financial Strategy.

(2)          agree the budget setting process for 2021/22, including the approach to consultation and scrutiny, as set out in section five of this report.

(3)          confirm their intention, as previously announced and subject to consultation and any other material changes to circumstances, to increase council tax by 3.99% in 2021/22.

(4)          note the Capital budgets and agree the proposed 2019/20 capital budget carry forwards and capital virements, as set out in section six of the report.

This report and the performance scorecard (Appendix A) set out the position on the Council’s performance in the fourth quarter of 2019/20.

Cabinet RESOLVED to:

(1)        note the performance information contained in the report along with the planned review and refresh of priorities within the Borough Plan.

(2)        note the current and future strategic risks associated with the information provided along with the remedial actions identified in relation to them.

(3)        Continue challenging progress with responsible officers as necessary.

Councillor McLennan (Deputy Leader and Lead Member for Resources) introduced the report which outlined the authority’s performance over the past year against the Borough Plan 2019-2023. Cabinet’s attention was drawn to areas where the authority had performed well, for example the rising attainment levels of Black Caribbean Boys. In light of the challenges of COVID-19 members noted that the  Borough Plan would be subject to further review in order to reflect issues highlighted by the pandemic, for example in health inequalities. Whilst acknowledging the positive progress made against the metrics included in the plan, and agreeing to the desire for metrics that were more challenging, Cabinet also recognised that many of the current targets were outside of Member’s direct control.

It was RESOLVED that Cabinet

(1)          Note the performance information contained in this report, along with the planned review and refresh of priorities within the Borough Plan

(2)          Note the current and future strategic risks associated with the information provided and agree remedial actions on strategic risks identified in relation to them.

(3)          Continue to challenge progress with responsible officers as necessary.

No items have been identified in advance of the meeting that will require the exclusion of the press or public.

There were no items that required the exclusion of the press or public.

There were no items that required the exclusion of the press or public.

Notice of items to be raised under this heading must be given in writing to the Head of Executive and Member Services or his representative before the meeting in accordance with Standing Order 60.

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