Agenda and minutes

Call In, Overview and Scrutiny Management Board - Wednesday 22 December 2010 1.00 pm

Venue: Council House (next to the Civic Centre)

Contact: Mrs Katey Johns, Democratic Support Officer 

Items
No. Item

70.

DECLARATIONS OF INTEREST

Members will be asked to make any declarations of interest in respect of items on this agenda.

Minutes:

The following declaration of interest was made in accordance with the Code of Conduct –

 

Name

Minute No. and

Subject

Reason

Interest

Councillor Wildy

 

72 – Transfer of

Freehold for

Nomony Children’s

Centre

Director of an

organisation which may be

bidding for the

children’s centre

contracts

Personal

 

71.

CHAIR'S URGENT BUSINESS

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Minutes:

There were no items of Chair’s urgent business.

72.

CALL-IN : TRANSFER OF FREEHOLD FOR NOMONY CHILDREN'S CENTRE pdf icon PDF 47 KB

The Overview and Scrutiny Management Board will consider the decision called in by Councillors Mrs. Nelder, Williams and Wheeler.

Additional documents:

Minutes:

The Overview and Scrutiny Management Board considered the call-in of the Cabinet Member decision.  Members heard –

 

(a)

 

from Councillors Nelder and Williams, having called the decision in with Councillor Wheeler, on the grounds that –

 

  • the decision-maker had neglected to consult with people who should have been consulted, namely ward councillors, the East End Partnership and the east end community
  • the decision maker had failed to take in alternative courses of action, e.g. the transfer of this asset to the East End Partnership or other community organisation who would be able to retain control of the freehold for the local community and who would be able to grant a lease to the successful tender bidder

 

(b)

 

from Councillor Mrs. Watkins, Cabinet Member for Children and Young People, who responded that –

 

  • under the Childcare Act 2006, there was no requirement on local authorities to consult on acquisitions or freehold transfers
  • it had been her understanding that ward councillors, particularly Councillor Mrs. Aspinall (current Lord Mayor), had been aware of the situation and apologised if this had not been the case
  • the alternative to transfer the asset to the East End Partnership or other community organisation remained an option for the Council under the Localities Bill, once a suitable and sustainable proposal had been received

 

It could not be established during the debate whether or not ward councillors had been consulted.  However, Members of the Board were of the opinion that consultation with ward councillors on such matters should take place as a matter of common courtesy, irrespective of whether it was a statutory responsibility or not.

 

Agreed that -

 

(1)

 

the decision be referred back to the Cabinet Member for reconsideration;

 

Recommended that –

 

(2)

 

during consultation with ward members, consideration also be given to ways of disposing this asset to the community.

 

(Councillor Wildy declared a personal interest in respect of the above item).

73.

EXEMPT BUSINESS

To consider passing a resolution under Section 100A (4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) … of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

There were no items of exempt business.