EASTENDHOMES BOARD MEETING Monday 30 th March 2015, 7.00PM 3 Resolution Plaza, London, E1 6PS M I N U T E S. Apologies: Les Eldon Helen Goody

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1 EASTENDHOMES BOARD MEETING Monday 30 th March 2015, 7.00PM 3 Resolution Plaza, London, E1 6PS M I N U T E S Present: Board Members Resident Members Margaret Higgins [MH] Council Members Independent Members John Kettlewell [JK] Neil McAree [NM] Maureen McEleney [MM] Janet Seward [JS] Apologies: Resident Members Colin Antoine Les Eldon Helen Goody Council Members Cllr Suluk Ahmed Cllr Gulam Robbani Independent Members Jamir Chowdhury Amjad Rahi Officers Paul Bloss [PB] Chief Executive Peter Gibbs [PG] Finance Director / Company Secretary John Henderson [JH] Managing Director Steve Inkpen [SI] Director of Regeneration David Opoku [DO] Head of Finance Paulette Noble [PN] Housing Manager (Mile End) In attendance Alex Bailey (Minutes) 1. Apologies for absence 1.1 Apologies had been received from Helen Goody; Councillor Gulam Robbani; Councillor Suluk Ahmed; Colin Antoine; Amjad Rahi; and Les Eldon. 2. Declarations of Interest 2.1 There was none. 3. Minutes of the meeting held 29 th January 2015 / Matters Arising The minutes were AGREED by the Board as an accurate record. 3.1 NM asked if there was any update on the Calder s Wharf development. SI replied that the Planning Inspector has asked for a hearing with EEH, LBTH, the DLR, and English Heritage. SI explained that the appeal had been against the non-determination of the decision and that this has not been expected. SI is meeting with LBTH on 31 st March to discuss. ACTION

2 3.2 NM and MH asked about the Denning Point balconies. SI explained that EEH are proposing to issue a consultation letter to all flats in the block outlining the issues raised by the petitioners, and what acceding to their requests would entail, to gauge the level of support. This letter has been temporarily delayed as there is currently a major broader consultation ongoing for the redevelopment of much of the Holland estate and it was thought best not to create any confusion through a separate consultation. NM suggested that Item 11 be discussed earlier than scheduled on the agenda. 11a. Appointment and re-appointment of Board Members Policy 11a.1 PB explained that the policy was designed to assist EEH in continuing to comply with the 2015 National Housing Federation Code of Governance. It introduces a requirement for all Board nominees, including Council Members, to be interviewed by a panel of existing Board members against a set of criteria prior to their appointment. 11a.2 PB added that the policy ends the automatic re-appointment of members, and introduces an element of evaluation of performance at the end of each term of service prior to possible re-appointment. The Board AGREED to introduce this policy. 11b. Safeguarding Policy 11b.1 PN was introduced to the Board as the Housing Manager for Mile End, and also the EEH Safeguarding Champion. PN explained that the policy and procedure arose from the Care Act 2014 and new expectations that safeguarding is everyone s business. It provided a legal framework for partnership working and introduced self-neglect into the safeguarding remit. PN continued that housing organisations are expected to play a greater role, and the access housing staff have to vulnerable adults is recognised. 11b.2 PB explained that EEH propose to introduce this Safeguarding Policy to cover both vulnerable adults and children. It creates a system in which staff can report nay concerns they have. PN is the Safeguarding Champion, which entails being first point of contact for any concerns that staff raise, and carrying out checks prior to a possible referral. Training for staff is being arranged. 11b.3 MH asked for more details on the training. PN explained that a brief will be produced for managers, and then rolled out via staff to assist them in recognising cases of concern. MH commented that this will require staff to make a judgement call, and PN explained that joint training with another RP is being arranged, and that while staff would be encouraged to report any concerns, the Safeguarding Champion would then make a considered decision over whether referral was appropriate. There would be an annual review of all cases to consider if they should remain on the register. 2

3 11b.4 MM asked if there was a procedure promoted by Tower Hamlets Safeguarding Board. PN replied that they are reviewing this at present, and that EEH will review ours upon its finalisation to include any elements of good practice. PN confirmed that the TH Safeguarding Board have had input into the staff training. 11b.5 MM and NM asked about the expectations placed on contractors. PB agreed that contractor practice is an important element of effective safeguarding. This should form part of contract procurement and monitoring. 11b.6 MM asked about the scale of referrals currently being made. JH and PN felt that it has been very low, PN commenting that management of General Needs tenancies needs to be more involved in such interventions which are well established in sectors such as supported housing. There is a particular relevance in cases of self-neglect, e.g. hoarding, which EEH will already be managing and will now fall into safeguarding. JH commented that one of the most difficult elements was that vulnerable adults typically must give their consent. NM and MM suggested that EEH should have a Hoarding Policy. 11b.7 PG asked if EEH would be expected to report concerns about the behaviour of residents of other landlords on our estates, which could have consequences for our general public liability insurance. JH noted that the policy covers the subtenants of leaseholders. PN felt that EEH would use the same approach as it does for tackling anti-social behaviour committed by tenants of other RPs. The Board AGREED to introduce the policy. Paulette Noble left the meeting. 11c. Gas Safety and Testing Policy 11c.1 JH introduced the report, noting that it has been previously to the Service Review Committee. It now makes more explicit reference to the relevant legislation and regulations, is clearer on the use of a ten-month inspection cycle, and has been generally re-written to be clearer. 11c.2 MM asked if there were any financial implications arising from the policy. JH thought broadly not, although he acknowledged that there are value for money considerations around using a ten-month cycle in that it involves slightly more frequent checks that an annual regime, although it helps to provide assurance of compliance with legal and regulatory expectations by creating time to tackle hard-to-access cases. The Board AGREED the revised policy. 4. Budget 2015/ JK acknowledged that the Board has spent time reviewing this Budget previously, including a recommendation to approve it from the Finance & Audit meeting held 18 th March. JH 3

4 4.2 JK asked if there were contingencies in place regarding the 10.6m of overage income from Telford Homes, and the degree of confidence that it would be received. SI replied that he was extremely confident it would be paid, and has recently had confirmation from Telford Homes Chief Executive that the 10.6m is expected around June. It is driven by sales of the private units, and only unit remains unsold to SI s knowledge. The Board AGREED the Budget for 2015/ Health and Safety Report 5.1 JH explained that the policy has been revised reflected both the changes to job titles arising from restructure within EastendHomes, and regulatory changes. 5.2 JH added that the Board s former H&S Champion has now left the Board and briefly outlined the responsibilities involved. MM put herself forward as the new Champion. The Board AGREED the revised policy and the appointment of Maureen McEleney as Health & Safety Champion. 6. Disaster Recovery Options Sovereign Data Centre 6.1 JH explained that the recommendation is to continue with the existing arrangement, i.e. to purchase replacement at the time of any disaster. Following the previous Board discussion EEH have carried out an exercise to review how long the business could function without core IT services, and arrived at a target to fully restore services within 25 days. The area which most requires urgent reinstatement is telephony, which it would be aimed to reinstate within one day. 6.2 The report also broke down the estimated ten to eleven working days to carry out reinstatement of services. It included comparative figures for the costs of pre-purchasing emergency equipment, with the central observation of the report being that the risk of catastrophic service loss is very low. 6.3 JK commented that the audit recommendation had been to consider backup provision, and that this exercise showed that EEH have done this thoroughly. JH agreed. 6.4 JS asking about the testing of IT systems. JH made reference to the detail in the report on how the set-up in place is designed to provide resilience by having a live reserve in place. The Board AGREED the recommended disaster recovery option. 7. Finance & Audit Committee Agenda & Reports 18 th March JK summarised the discussions of the committee. The management accounts showed that EEH was well within budget but that had been influenced by delays in Major Works spend. JK has proposed that for future budget monitoring purposes, core activities be separated out. 7.2 Treasury management had been discussed and the committee was confident that EEH can manage its cashflow. 7.3 JK continued that the committee had looked at the fees for the renegotiation of the banking agreement, the F&A are not happy at the level of fees being charged but ultimately have had to accept them. 4

5 7.4 JK observed that the Financial Regulations have been amended, solely to reflect altered job titles and responsibility within EEH. 7.5 JK described how the committee had reviewed plans for creating an assets and liabilities register, and the plan for how all of these will be identified and recorded. JK felt that the bulk of this data could be compiled fairly quickly, with more detailed related information added over time. 7.6 JK added that the committee had requested an addition to the Risk Register relating to the VAT shelter, as some contracts are likely to miss the April 2015 deadline. The Committee have requested that the external auditors engagement letter be signed by two Board members. The Board NOTED the papers and AGREED that the engagement letter be signed by two members. David Opoku left the meeting. 9. Lobbying Act PB brought this topic to the Board s attention, and the potential consequences of being in breach of the act. Whilst there is a lot of activity going on, EEH is not seeking to act in any political nature. 10. KPI Report including Gas Action Plan 10.1 JH circulated a slightly amended version of the report. JH noted that the HCA expect the Board to have a strong handle on gas safety, and that this was a major focus of regulatory activity. Prior to 2014/15 EEH had used a KPI for valid gas safety certificates at each quarter end, with performance consistently at 100%. In the current financial year a new KPI was introduced covering properties holding continuously valid certificates in the previous 12 months. This process has identified that 6 properties had lapsed outside of their 12-month cycle in the financial year JH summarised the elements of independent auditing of the different components of the service, with learning outcomes identified. JH emphasised that the goal of the report was to provide some assurance of the measures taken to monitor and fulfil our responsibilities, and promote staff awareness MM commented on the learning outcomes, including where a contractor had continued to attempt access to a difficult property before informing EEH so that legal enforcement measures could be undertaken. JH acknowledged this instance and said that the contractor had been reminded of the correct process. MM stated that she was pleased that external audit showed that the contractors records were good, as this had been a key issue of regulatory concern in other cases MM added that there was a tie-in to the safeguarding issues around vulnerable residents, who may be less willing to grant access for servicing. JH observed that one of the learning outcomes and measures identified in the report was that properties which reach the final stage of the four-contact access procedure will be placed onto a nine-month cycle for the following year. 5

6 10.5 JK asked at what point EEH can enforce access. JH explained that EEH cannot seek an injunction until the certificate has expired, but that this emphasises the importance of having the legal paperwork ready to proceed if this situation arises. The Board NOTED the report and action plan. 12. Compliance with the NHF Code of Governance 12.1 PB explained that the report was an update on the revised Code of Governance. A self-assessment was last completed in October/November and will be repeated this year. Section D was covered under item 11a, covering the practice of appointing and reappointing Board members PB noted the expectation that the Chair of the Board not also be the chair of the committee responsible for remuneration, and not to be a voting member of the committee responsible for audit. NM asked if a voting member can contribute to the quorum. PB and PG will check on this. MM and JK wondered if audit items could be identified separately on the committee agenda PB observed that there are additional amendments, including guidance that former members of the Board are not expected to return within the period of a standard term of service (i.e. for EEH, 3 years) PB added that the report contains a broader commentary on practice within the sector, such as the changing nature of LSVT boards and the emphasis on skills. PB added that EEH are in dialogue with the HCA over our governance arrangements and how they are evolving to meet our Code of Governance, with a view to a possible upgrade of the governance rating awarded by the HCA to EEH to G HCA Regulatory Framework Update 13.1 PB introduced this preliminary report on the key changes to the framework. They mainly relate to the Governance and Financial Viability Standard. The Board has already reviewed work commencing on compiling an assets and liabilities register. There is also an increased emphasis on stress-testing of the Business Plan, and EEH will be running this exercise again with the Board. PG will provide details of how this will be run to the next meeting of the F&A committee. The HCA expect an action plan to be in place to cover the reaction to a financial emergency JK asked about training for Board members. PB explained that when the stress-testing exercise is repeated, it will look at extreme scenarios and how the Board react both to these and to more pragmatic situations. PB added that EEH operate a relatively straightforward business model, and the intention to keep this so. It was noted that both this activity and the assets and liabilities register are designed to make it easier for the HCA to intervene in an emergency. PB / PG PG 6

7 14. Board Member Attendance 14.1 NM stated his belief that EEH should be more proactive in managing cases when a Board member is at risk of falling below the 60% or 6 month threshold of non-attendance, to establish the reasons for exceptional circumstances causing a member not to be able to attend. NM felt that the Board should explicitly follow its policy MH asked if it should be minuted where the Board has consented to periods of absence. NM agreed that there were circumstances for some members where the Board would certainly have agreed that the circumstances were valid, but that he did not know the situation of all Board members. PG questioned if NM wanted discussion of members circumstances to be held openly at Board meetings. PG had held these discussions privately with the former Chair. NM felt that on balance it was not appropriate to openly discuss personal circumstances at Board NM stated that he was more interested in long-term patterns of attendance than periods of absence which may be exceptional to the longer trend. He asked PG to write to members who are on the thresholds of not meeting the required level of attendance. NM asked the Board to consider a process for granting consent to those who may be missing the threshold with good reason. The meeting closed at 9.02pm. PG 7