The Executive of North Ayrshire Council 29 July IRVINE, 29 July At a Meeting of The Executive of North Ayrshire Council at 2.00 p.m.

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1 The Executive of North Ayrshire Council 29 July 2008 IRVINE, 29 July At a Meeting of The Executive of North Ayrshire Council at 2.00 p.m. Present David O'Neill, John Reid, Tom Barr, John Bell, Margaret McDougall and Peter McNamara. Also Present Robert Barr, Andrew Chamberlain, Ian Clarkson, Margie Currie, John Ferguson, Alex Gallagher, Jean Highgate, John Hunter, Ronnie McNicol, Pat McPhee, Elisabethe Marshall, John Moffat, David Munn, Alan Munro, Robert Rae and Craig Taylor. In Attendance I. Snodgrass, Chief Executive; B. Docherty, Corporate Director (Social Services); T. Orr, Corporate Director and O. Clayton, Head of Housing and Building Services (Property Services); A. Herbert, Assistant Chief Executive (Finance); I. T. Mackay, Assistant Chief Executive (Legal and Protective); J. Leckie, Head of Service (Educational Services); G. Lawson, Corporate Support Manager, M. McKeown, Corporate Support Officer, and A. Wattie and J. Stevenson, Communications Officers (Chief Executive's). Chair Councillor O'Neill in the Chair. 1. Revisions to the General Services Capital Programme Submitted report by the Assistant Chief Executive (Finance) on proposed revisions to the General Services Capital Programme On 24 June 2008, the Executive received a report advising of a requirement to review the General Services Capital Programme approved by the Council in February 2008, to reflect pressures arising from the downturn in the housing markets. The Council relies partially on capital receipts from the sale of land assets declared surplus to requirements, to fund its capital plans. The recent decline in this area is likely to continue into 2009/10, and consequently it was agreed that an in-depth review of the approved General Services Capital Programme should be undertaken to determine realistic affordability levels and a revised expenditure plan with essential projects financed within the resources available. Page 1

2 Subsequent to the June meeting, the Capital Receipts Working Group met to examine all potential sales and provide a realistic estimate of values and timing of receipts. In addition, a revised assessment has been made of all other sources of income e.g. capital grants, capital funds etc., and these have been incorporated into a revised affordability level. Provision has also been made for surplus income being brought forward from the previous year. Appendix 1 provided details of the revised affordability level. All Services within the Council have reviewed their capital plans and revisions have been made to produce a revised Programme with priority projects in 2008/09 and 2009/10. Provision has also made to carry forward budgets from previous years and an allowance for slippage has been built into this exercise. The revised General Services Capital Programme was set out in appendix 2 to the report. Appendix 3 set out revised expenditure targets for the period The revised affordability level will enable the Council to continue with a significant programme modified to reflect the downturn in the housing market. The programme will allow the Council to meet its high level priorities projects over the next two years. All remaining projects will require to be examined in time by assessing their priority against affordability. New capital bids will be deferred until the position of future capital receipts becomes clearer. Should the position improve, there is flexibility within Prudential System to bring projects forward. The Executive, following a full discussion and questions from Members present, agreed (a) to approve the revised General Services Capital Programme as set out in the report; and (b) that the Programme continue to be closely monitored. 2. Benefit Fraud and Prosecution Policy Submitted report by the Assistant Chief Executive (Finance) on proposed amendments to the Council's Benefit Fraud and Prosecution Policy. On 15 March 2005, the former Corporate Services Committee approved the Council's Benefit Fraud and Prosecution Policy which sets out the Council's commitment against fraud and the factors that are taken into account when determining what action will be taken, and the appropriate sanction to be applied, against persons who obtain Housing and Council Tax Benefit by fraudulent means. The Policy is reviewed annually for any legislative or operational changes. Page 2

3 Previously the Council's Benefits Investigation Team could only investigate and prosecute Housing Benefit and Council Tax Benefit fraud. If a claimant was also in receipt of a national benefit then a joint investigation and interview under caution were carried out with the Department for Work and Pensions (DWP) fraud investigation service. The decisions to apply a sanction or to prosecute a claimant were then taken separately. From 7 April 2008, changes to Section 46 and 47 of the Welfare Reform Act 2007 apply giving the Council new powers to investigate and prosecute fraud in relation to national benefits such as Income Support, Jobseekers Allowance, Incapacity Benefit, State Pension Credit, and Employment and support allowance (from October 2008), as well as Housing Benefit and Council Tax Benefit, without the need for a joint investigation with the DWP fraud investigation service. The Benefit Fraud and Prosecution Policy has been updated to reflect these new powers. The Benefit Investigation Team will continue to work in partnership with the DWP fraud investigation service, as part of an agreed Service Level Agreement, and will only use these new powers when it is beneficial to the Council's investigation. The Executive agreed to approve the revised Benefit Fraud and Prosecution Policy, as set out in Appendix 1 to the report. 3. Implementation of the Adult Support and Protection (Scotland) Act 2007 Submitted report by the Corporate Director (Social Services) on the implementation of the Adult Support and Protection (Scotland) Act In May 2004, the Minister for Education and Young People made a statement to the Scottish Parliament regarding the outcome of the Social Work Services Inspectorate and Mental Welfare Commission's investigations into events in Borders Council area which became the catalyst for a new approach to working with vulnerable adults in Scotland. The Minister announced that new legislation would be introduced to complement existing statutory measures aimed at protecting vulnerable adults. The Adult Support and Protection (Scotland) Act 2007 ("ASP Act") received Royal Assent on 22 March The Act has five parts that will be implemented in stages. Part 1 of the Act, which deals with the protection of adults at risk of harm, is scheduled to come into effect in October The ASP Act defines adults at risk as being people:- aged 16 or over who are unable to safeguard their own well being, property, rights or other interests; at risk of harm; and who because they are affected by disability, mental disorder, illness, physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected. Page 3

4 This definition aims to clarify when it is appropriate to intervene in order to protect those individuals who are not able to protect themselves from harm. All of the above components must be satisfied, before a person is covered by the provisions of the ASP Act. The overarching principle underlying Part 1 of the ASP Act is that any intervention should provide benefit to the person and should be the least restrictive option of those that are available and that meet the purpose of the intervention. This overarching general principle is further supported by a series of guiding principles, details of which were set out in the report. Councils have a duty to consider providing appropriate services, including independent advocacy, to support adults where an intervention under the ASP Act is considered to be necessary. The ASP Act also places a duty on Councils to make enquiries about an individual's well being, property, and/or financial affairs where the Council knows or believes the person is an adult at risk, and where it may need to intervene to protect him/her from being harmed. The ASP Act authorises Council officers to carry out visits, conduct interviews, or require health, financial or other records to be produced in respect of an adult at risk. The Act further allows a health professional (e.g. doctor or nurse) to conduct a medical examination. The adult is not however obliged to answer any questions put to them in an interview and must be informed of their right to refuse to be examined before a medical examination is carried out. Relevant bodies are required to cooperate with each other when harm is known or suspected. If it appears that further action is required, Councils can apply to the Sheriff for one of the following protection orders i.e. Assessment Order - this allows a Council officer to take an adult from the place being visited to a place where he or she can conduct a private interview or a health professional can conduct a private medical examination. Assessment Orders are valid for up to seven days. Removal Order - this authorises a Council officer to remove an adult at risk, to a specified place, if there is a likelihood of harm if he or she is not removed. The Order is effective for a maximum of seven days. Banning Order - this bans the subject of the Order from a specified place for a period of time not exceeding six months. Such an Order can only be granted where the adult is likely to be seriously harmed and that banning the other person from a specified place will better safeguard the adult. A temporary Banning Order can be granted by a Sheriff pending the determination of a Banning Order. The ASP Act seeks to strike a balance between the individual's right to freedom of choice and the risk of harm. These must always be taken into account when an intervention under Part 1 of the Act is being considered. The Sheriff must not make a Protection Order if he or she knows that the affected adult at risk has refused to consent to the granting of the Order. The only exception to this is where the adult is found to be under pressure to refuse to consent. Page 4

5 Part 1 of the ASP Act creates an obligation on Councils to establish a multi-agency Adult Protection Committee. These Committees will be responsible for overseeing local adult protection policies in their area and must produce a biennial report on the exercise of the Committee's functions. They will also provide advice and information to those involved in adult protection work. Councils are responsible for appointing a chairperson, who must not be a member or officer of the authority. Other members should have the relevant knowledge and skills, and must include nominated representatives from the relevant health board and police force. The Care Commission has an option to nominate a representative. Representatives of the Mental Welfare Commission, the Public Guardian or any other public body or office holder that Scottish Ministers may specify by order, may also be Committee members. The report set out proposals to establish a North Ayrshire Adult Protection Committee and appoint an independent chair by October Work will also need to be undertaken to deliver a training programme for relevant staff and stakeholders on a multi-agency/multi-disciplinary basis. To ensure a consistency of approach and avoid unnecessary duplication of effort, an Adult Protection Steering Group has been set up with membership from North, South and East Ayrshire Councils, NHS Ayrshire and Arran, and Strathclyde Police. This group will agree a job description for the independent chairperson; seek to maximise training opportunities; and agree the initial remit and scope of the Adult Protection Committees. The Scottish Government has advised that new funding will be made available to local authorities to appoint an Adult Protection Co-ordinator, a Development and Training Officer, two additional social worker posts, administrative support and to increase the availability of independent advocacy services consistent with the requirements of the legislation. This funding will be on a part year basis for 2008/09 and on a full year basis thereafter. The Executive (a) noted the implications of implementing the new Adult Support and Protection (Scotland) Act 2007; and (b) agreed to the creation of a North Ayrshire Adult Protection Committee and the work programme required to support this initiative. 4. Ayrshire Data Sharing Partnership Submitted report by the Corporate Director (Social Services) on the requirement to fund the work of the Ayrshire Data Sharing Partnership on a shared basis with East and South Ayrshire Councils, and NHS Ayrshire and Arran. There are 14 local Data Sharing Partnerships in Scotland coterminous with the Scottish Health Boards. Each Partnership has been responsible for developing the work of local data sharing using the ecare technical framework and each includes representation from the NHS, local authorities, Police and other agencies as appropriate. Page 5

6 The key priorities of Data Sharing Partnerships are to share information for child protection and roll out of electronic Single Shared Assessment (SSA) for all adult community care groups. All Data Sharing Partnerships, on the basis of having sound governance and agreed plans in place, have previously received up to 150,000 each year to implement national priorities around data sharing and standards. Following on from the agreement of the Concordat, Data Sharing Partnership funding is no longer allocated centrally but allocated to local authorities instead. The report set out the scope of the work that the Ayrshire Data Sharing Partnership aims to progress in relation to:- Maintenance of existing Child Protection Messaging (CPM); Extension of CPM to other partners and services beyond early implementation sites (North Ayrshire Council and NHS Adolescent Mental Health Services); Phased delivery of electronic Single Shared Assessment; Phased technical support for the Ayrshire Children's Integrated Assessment Framework; Continued support of multi-agency management, policy, technical and practitioner groups. The Data Sharing Partnership objectives should have a significant contribution to make to the achievement of the objectives of the Single Outcome Agreement. The extent and effectiveness of the proposals for electronic data sharing in the given areas will be tracked via a number of measures, details of which were set out in the report. The proposals contained in the report will require a level of funding consistent with previous years. It was proposed therefore that local funding of 160,000 met equally between NHS Ayrshire and Arran and the three Ayrshire Councils, the agencies that will benefit directly from this work. The Executive agreed to approve North Ayrshire's contribution to the funding of the Ayrshire Data Sharing Partnership, as set out in the report. 5. Delayed Discharge Funding Submitted report by the Corporate Director (Social Services) on funding proposals related to Delayed Discharges. The Concordat between local authorities and the Scottish Government, consolidated within the local government settlement for 2008/09, a number of previously ring-fenced funding stream. One such funding stream relates to delayed discharges. Page 6

7 This funding previously came to Health Boards and for NHS Ayrshire and Arran this amounted to 2.266m and a similar amount has been included in the settlements for the three Ayrshire Councils in 2008/09. NHS Ayrshire and Arran has requested that funding continue in line with its existing use. The use of these monies was previously determined by the Discharge and Capacity Group which was chaired consisted of representation from Health and the three Ayrshire Councils. The Discharge and Capacity Group agreed how the funding would be deployed with approximately 50% being used for a variety of projects and posts within Health. Bids were made by the three local authorities for the remainder of the funding, with North Ayrshire receiving 348,573. Along with all other local authority and health partnerships, North Ayrshire Council met the Scottish Government target of zero delayed discharges by April This target has now become a standard and the Scottish Government has indicated that it will view any breaches of this standard very seriously. The delayed discharge monies of 348,573 have contributed to the Council achieving the April 2008 target of zero delayed discharges. Within North Ayrshire the money is used to improve the provision of social care staff in crisis situations ( 62,573), provide an additional social worker and part-time home care supervisor at Ayrshire Central Hospital ( 65,000), and to fund additional care home placements ( 221,000). Within Health, the delayed discharge funding has been used across a number of areas including the Scottish Ambulance Service (SAS). A detailed breakdown of existing funding was set out in the appendix to the report. A meeting with South and East Ayrshire Councils and Health has taken place to discuss delayed discharge funding. Health have made strong representation that the existing funding levels should continue. South and East Ayrshire have indicated that this would be their intention for the remainder of the current financial year. For some of the existing Health expenditure there is evidence of the effectiveness of this spend in contributing to zero delayed discharges e.g The Out of Hours funding which contributes to the provision of out of hours nursing services and complements the work of Ayrshire Doctors on Call (ADOC) and the North Ayrshire Care at Home team. Intermediate care at Kirklandside which accepts referrals direct from hospital including people with fractures. Most of the patients within Kirklandside are from North Ayrshire and most return home after their stay. EMPTAYDD system which has allowed accurate monitoring of delayed discharges. Funding of physiotherapist post at the David White Centre which allows this service to operate as an intermediate care and rehabilitation service. Page 7

8 In other areas however, it is less clear how the spend contributes to achieving/maintaining zero delayed discharges. The previous Discharge and Capacity Group did not require performance reports to be submitted and there is a lack of evidence for some of the existing funding commitments. It was proposed therefore that for the remainder of this current financial year, North Ayrshire Council should continue to fund Health in line with the existing funding commitments. It will be necessary however, to have clear evidence of how this funding contributes to zero delayed discharges. Health will therefore, be asked to provide detailed reports on existing funding and these reports will contribute to decisions regarding funding allocation in 2009/10 and beyond. The Executive agreed to approve the funding proposals contained within the report. 6. Affordable Housing Framework Submitted report by the Corporate Director (Property Services) on progress in relation to the Council's Affordable Housing Framework. The Affordable Housing Framework within North Ayrshire is the combination of initiatives and programmes undertaken to allow the Council to work towards meeting local housing needs. The framework comprises the Housing Investment Programme, Pressured Area Status, and regeneration initiatives. The framework is supported by the Strategic Housing Investment Plan , the Strategic Local Investment Framework, and associated research into particular local needs. In order to strengthen the Framework, and ensure affordable housing contributions from private developers, there is a need to consider the development and introduction of an Interim Affordable Housing Policy (IAHP), in advance of the new Local Development Plan. On 8 January 2008 the Executive agreed that further consideration be given to the development of an IAHP and supplementary guidance. A Steering Group comprising officers from Housing Services, Legal & Protective, Estates and Finance has been convened to oversee the development of the policy. The Steering Group has noted that robust housing needs and demand assessment information is required before an IAHP can be implemented to prevent the policy being challenged. The Scottish Government has prepared and issued guidance, setting out a framework which local authorities should follow when carrying out Housing Need and Demand Assessments (HNDAs). Findings from these assessments inform the development of local housing strategies and development plans. The guidance indicates a need to establish a Housing Market Partnership, which would be responsible for ensuring a robust and credible HNDA is undertaken, and that it complies with guidance. Furthermore, HNDA guidance indicates a need for cross boundary working in order to assess housing need and demand at a local and regional level. Page 8

9 The Housing Investment Programme is funded by the Scottish Government, and allows Councils to address housing need in partnership with local Registered Social Landlords. The funding allocation for North Ayrshire in 2008/09 is 6.640m, a 35% reduction in funding from the previous year. This funding will be supplemented with the Council's Affordable Housing Account, which has a current budget of 2.3 million. This fund has accumulated since the introduction of the second home Council Tax Discount and has been identified to support the development of affordable housing within North Ayrshire. It is hoped that the current fund is utilised to support such development on Arran, either through site or property acquisition. There are a number of potential development opportunities currently being assessed by Isle of Arran Homes and it is envisaged that some of these opportunities will be realised within the financial year. In order to progress with an Interim Affordable Housing Policy it is essential that the Council has robust housing demand and market information. Such information exists for the Isle of Arran, as a result of the research into the housing and demand needs of the island which was concluded in The Local Housing Strategy Steering Group and the Rural Housing (LHS) Sub Group have agreed that the Council should seek to develop an IAHP for the island. It has also been agreed that the Council should assess whether there is need to implement an IAHP on either Cumbrae or mainland North Ayrshire following the outcome of these housing and demand needs assessments. Research into the Cumbrae housing markets is underway with the findings due for publication by January The North Ayrshire Housing Market Partnership has met and agreed to oversee the HNDA research for mainland North Ayrshire). The Partnership has also agreed a research brief which will be used to procure the services of a consultant to undertake the assessment for mainland North Ayrshire. It is anticipated that procurement of the consultant will commence July/August A meeting has been held with both East and South Ayrshire Councils to explore opportunities and constraints for joint working. All three Ayrshire local authorities expressed a desire to work together. However, South Ayrshire Council does not need to undertake a full HNDA, whilst East Ayrshire Council requires to undertake a full assessment but wishes to await the publication of LHS guidance in order to inform their decision on how best to progress. North Ayrshire requires to undertake a full mainland HNDA for both the development of a new Local Housing Strategy and the new Local Development Plan. This differs from neighbouring authorities in that work on the new Local Development Plan is due to commence this year. The Executive (a) noted the content of the report; and (b) agreed that (i) an IAHP for the Isle of Arran should be developed by the internal steering group before subjecting the draft to wider consultation; and (ii) further consideration be given to the development of an IAHP for mainland North Ayrshire and Cumbrae, upon publication of the HNDA findings, with a report being submitted to the Executive at a future date. Page 9

10 7. Meeting with John Swinney MSP, Cabinet Secretary for Finance and Sustainable Growth Submitted report by the Chief Executive on the outcome of a meeting between himself and Councillors O'Neill, Chamberlain, Hill and McPhee, and John Swinney MSP, Cabinet Secretary for Finance and Sustainable Growth, on 15 July The purpose of the meeting was to formally sign the Single Outcome Agreement (SOA). The opportunity was however also taken to discuss issues facing North Ayrshire, specifically those factors which need to be addressed if the outcomes are to be delivered. The finalised SOA has identified priority "requests" of the Scottish Government and these were discussed in depth i.e. Transport Links The Council pressed the case for improved transport links especially those which will support economic growth. Mr Swinney advised that the forward transport plan for Scotland is currently being prepared and a decision on investment priorities will be made later this year. Members asked that a commitment be made to upgrading the A737 and specifically to the Dalry by-pass as a first phase. The Cabinet Secretary had the previous week announced the new investment in trains, platform extensions etc., for the Glasgow to Ayr link which, post 2010, will considerably enhance services through the Garnock Valley to Kilwinning and Irvine. URC/Scottish Enterprise The Council was pleased that Scottish Enterprise funding for URC projects has now been confirmed for the next 3 years. There is concern however about the hiatus on funding due to the Spending Review and then restructuring, and that this kind of uncertainty could impact on private sector investment confidence in future. Mr Swinney indicated that the Government recognises that the URC is a 'long haul' initiative and the Government is committed to see this through. He is prepared to make a statement of commitment to this effect. Mr Swinney also undertook to raise the issue of Riverside Business Park, Irvine, to ensure that this is retained and developed by Scottish Enterprise. Partnership Working with NHS Ayrshire & Arran If the outcomes on health inequalities and health improvement are to be achieved, partnership working with Health needs to be developed much further. Good progress has been made between the two bodies over the spring towards a new Community Health Partnership. Page 10

11 However, early commitment is now necessary to put in place the arrangements to align services, including alignment of resources. The Cabinet Secretary: stressed that progress on this is essential; that there are good working examples now elsewhere; and offered to do anything he could to advance this if problems arise. The opportunity was taken to discuss two other issues:- Affordable Housing Concerns were raised regarding reduced funding for Affordable Housing which would have implications for programmes and specifically on Arran. Mr Swinney undertook to raise this with Stewart Maxwell, the Minister responsible. Future Waste Strategy It was explained that the Council is currently rolling out the 3 bin system and expects to meet its 2010 recycling targets. However there is real concern that there is lack of clarity from the Government on the way forward to achieving future requirements and that the Council faced not only increased landfill tax but also costs regarding the Carbon Reduction Commitment by Mr Swinney advised that the Government has decided to change the way waste is approached and he acknowledged that this was causing problems. The Government is currently working on this and he expects the necessary guidance to be issued later this year. The meeting provided a useful exchange on the key issues facing North Ayrshire. The Council is now moving forward with its Community Planning Partners to evolve the Single Outcome Agreement into a full Partnership Agreement by next April. The recognition by Mr Swinney of the need for Government support if key outcomes are to be achieved is welcomed. The Cabinet Secretary and the Leader of the Council also signed the Climate Change Declaration reaffirming the commitments to secure carbon reduction. The Executive (a) noted the outcome of the meeting; and (b) agreed that the Chief Executive write to local MPs and MSPs to engage their support in lobbying for the upgrading of the A Largs: Moorburn House NOTE: This item was subject to the call-in procedure per the Council's Scheme of Administration. Please refer to the Minutes of the Meeting of the Scrutiny Committee held on 4 August Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed sale of Moorburn House, Largs. Page 11

12 At its meeting held on 5 March 2008, the Council agreed to market Moorburn House, Largs for sale. A marketing brief was proposed incorporating planning information and this was issued by Montagu Evans on behalf of the Council. Montagu Evans conducted an extensive marketing exercise at the end of which three formal offers to purchase were received by the closing date of 27 June The top financial offer by a substantial margin which was received from Clyde Building and Property Company Limited for residential refurbishment, has minimal conditions attached. The proposed purchaser is aware that the property will not be available until later this calendar year. The offer is in compliance with the Council's brief. In evaluating the offer from Clyde Building and Property Company Limited, the Council's consultants carried out background enquiries into this company. Their findings established that the company, although not having any previous dealings in North Ayrshire, do have considerable experience in residential conversion work in Glasgow, and are on the approved list of contractors for a number of local authorities. The other offers were considered to be unacceptable in terms of the price offered. The sale of Moorburn House for residential refurbishment will safeguard an important building occupying a prominent seafront position at Largs. The Executive agreed to approve the sale of Moorburn House, Largs, to Clyde Building and Property Company Limited in the sum of 325,000, and on other terms to be agreed. The meeting ended at 3.20 p.m. Page 12