Waverley Borough Council Committee System - Committee Document
Meeting of the Council held on 11/12/2007
Executive Minutes 6.11.07
Executive 79
06.11.07
WAVERLEY BOROUGH COUNCIL
MINUTES OF THE MEETING OF THE EXECUTIVE – 6TH NOVEMBER 2007
SUBMITTED TO THE COUNCIL MEETING – 11TH DECEMBER 2007
(To be read in conjunction with the Agenda for the Meeting)
*
Cllr R J Gates (Chairman)
*
Cllr D J Munro
*
Cllr Mrs P M Frost (Vice-Chairman)
*
Cllr S N Reynolds
*
Cllr M H W Band
*
Cllr J R Sandy
*
Cllr B A Ellis
*
Cllr R J Steel
*
Cllr D C Inman
*
Cllr A E B Taylor-Smith
* Present
109.
MINUTES
(Agenda Item 2)
The Minutes of the Meeting held on 2nd October 2007 and of the Special Meeting held on 8th October were confirmed and signed.
110.
DISCLOSURES OF INTEREST
(Agenda Item 2)
The Chief Executive declared a personal and prejudicial interest in Minute No. 128. There was no discussion on the item and therefore it was unnecessary for her to withdraw from the meeting.
PART I - RECOMMENDATIONS TO THE COUNCIL
111.
PROPOSED CUSTOMER CHARTER FOR WAVERLEY
(Agenda item 12; Appendix G)
111.1 This report puts forward a proposal that Waverley should adopt and publish a Customer Charter that sets out the minimum standards of service that customers can expect to receive in all their dealings with the Council. The proposed Customer Charter, a copy of which is attached at
Annexe 1
, has been prepared in the light of lengthy discussions within the officer Improving Performance Group over the last year.
111.2 The main aim of the Charter is to give all Waverley’s customers a clear indication of the minimum levels of service that they can expect to receive from the Council in all areas of the Council’s work. The proposal is very much in line with the wish of Members and the Chief Executive to improve customer satisfaction with services provided by Waverley, and includes a more challenging target of 10 working days for responding to complaints, to be introduced with effect from 1 November 2007.
111.3 The document is deliberately short and presented in the form of ‘bullet points’ in the hope that customers will find it easy to read and will understand our key aims in providing high quality services.
111.4 The adoption of such a Charter will not prevent individual service areas from producing their own more detailed documents on the services that they provide, and indeed some services have already produced their own customer care literature. It will be necessary to ensure however that these more detailed documents do not conflict with the commitments given in the corporate Customer Charter.
111.5 Subject to the approval of Members, it is suggested that the Charter should be placed on the Council’s website and publicised in Waverley’s quarterly magazine, ‘Making Waves’. A shortened version could also be displayed in the Council’s Offices.
111.6 The Executive accordingly
RECOMMENDS that
38. the Customer Charter be adopted by Waverley;
39. the Charter be placed on the Council’s website and publicised in Waverley’s ‘Making Waves’ magazine; and
40. the Executive undertake a review of progress in one year’s time.
Background Papers
(CEx)
There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.
112.
HOUSING AND COUNCIL TAX BENEFIT FRAUD PROSECUTION - UPDATED POLICY
(Agenda Item 13; Appendix H)
112.1 The Council regularly brings criminal proceedings for both Housing Benefit and Council Tax Benefit fraud. A total of three successful prosecutions were brought in the Magistrates’ Court during the twelve months up to the date of this report, and more are expected for prosecution during the next twelve months.
112.2 The existing Prosecution Policy was approved by the Council at its meeting on 17 December 2001. While the existing policy is not out-of-date in terms of its content, it is somewhat brief and officers have taken the view that a more detailed policy is needed. The revised Prosecution Policy (“the Policy”), attached at
Annexe 2
, is intended to be comprehensive in its scope.
112.3 A comprehensive policy will ensure that only those cases that carry a realistic prospect of conviction, and that are in the public interest to prosecute, will be prosecuted in the criminal courts. This will ensure that resources are not wasted on prosecuting cases that have no realistic prospect of success.
112.4 The publication of the Policy on the Council’s website will inform the general public of the principles that the Council will apply when deciding whether to prosecute a case of benefit fraud. This will ensure transparency, in the same way that The Crown Prosecution Service ensures transparency through the open publication of its Code for Crown Prosecutors. The Policy would be produced, should a Court request sight of it, in Court in order to demonstrate that the Council has an agreed set of principles that are applied to each individual case. This is important in terms of demonstrating that the Council deals with each case in a fair and impartial manner.
112.5 The structure of the Policy closely follows that of the Code for Crown Prosecutors (“the Code”), which is a document that sets out the principles that the Crown Prosecution Service applies when carrying out its work. The Code contains a two-stage test (“the Code Test”) that must be applied when deciding whether to prosecute a case.
112.6 The ‘Policy Tests’ set out at pages 3 to 5 of the Policy mirror the two-stage Code Test, albeit with appropriate amendments to reflect the internal working procedures of the Council. Given that Council officers are effectively ‘Crown Prosecutors’ when prosecuting benefit fraud offences, it is felt that the Policy should appropriately reflect the Code.
112.7 As well as reflecting the Code Test, the Policy also reproduces the Code’s guidance on the selection of charges (page 5). It is important that Council officers select charges that adequately reflect the seriousness and extent of the offending, as well as providing the Court with adequate sentencing powers. Once again, the aim is to demonstrate that the Council is acting fairly when selecting which offence(s) to charge a defendant with.
112.8 Page 6 of the Policy addresses the monetary threshold that will guide officers generally when recommending cases for prosecution. The Policy stresses that these threshold act as a guide, and Members should note that the level of criminality would usually determine which area of legislation is used when taking a case to Court. The Policy must be flexible in this respect. It would be unfair to take a rigid approach to each case rather than examining each case on its individual facts.
112.9 In the same way, the alternative sanctions set out on pages 6 and 7 give officers a degree of flexibility when considering how to deal with a case that passes the Policy Tests. Cases must still have passed the Policy Tests for a Simple Caution or Administrative Penalty to be offered, but these two sanctions allow officers to ‘punish’ the offender where it is considered necessary, but where the case is considered unsuitable for prosecution having had regard to the factors set out in the Prosecution Thresholds section of the Policy.
112.10 The final section of the Policy is entirely new and has been developed due to the legal position concerning how much information the Council may include in a press release - specifically the names and addresses of convicted offenders. The press are lawfully entitled to report the details of a conviction, including names and addresses, where they have attended Court for the hearing of a prosecution. Unfortunately the press are not always able to attend and in those circumstances the Council will consider issuing a press release. Experience has shown that the press are less likely to include a press release in a newspaper if the identity of the offender is not disclosed. Essentially the human interest element of the story would be lost.
112.11 There is therefore a benefit to the Council in publishing the names and addresses because the publicity acts to both deter potential offenders and reassure the public that the Council is taking action to protect the public purse. However, it is at the same time vital that the Council acts lawfully when publishing such details. With this in mind the legal position concerning this issue has been researched.
112.12 Legislation does not provide the Council an express statutory power to publish a press release following a successful conviction for benefit fraud. However, Section 111(1) of the Local Government Act 1972 gives the Council power to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions. Meanwhile, Section 2(1) of the Local Government Act 2000 gives the Council power to do anything which it considers likely to achieve the promotion or improvement of the social and economic well-being of its area.
112.13 Taken together it is the officers’ view that these provisions allow the Council to respond reasonably to the misuse, theft and fraud of public property, and it is considered that this extends to the Council issuing press releases concerning successful benefit fraud convictions, subject to the circumstances of each individual case. However, the Council must also take into account the following when deciding whether to disclose personal details via a press release:-
Human Rights Act 1998
1. To avoid infringing Article 8 of the Human Rights Act 1998 – the right to respect for private and family life - the Council must consider whether a person convicted of benefit fraud can expect their details to be made public. Further, the Council must also assess the question of proportionality – whether there is a fair balance between the protection of the rights and freedoms of the individual and the interests of the community as a whole. In making an assessment of whether the interference with the individual’s rights is justified, the following factors should be taken into consideration:-
(a) What information is to be disclosed in the press release?
(b) How long that information will be available.
(c) Where the information will be made available.
(d) The specific details of the offence committed.
(e) Whether other people with rights under Article 8, such as family members of the offender, may be affected.
2. With the above in mind officers would only seek to disclose the names and addresses of offenders, along with the particular facts of each prosecution. The press release would be sent to interested newspapers as soon as possible following the successful conviction, and there would be no ongoing disclosure of the information. The information would only be made available via the press release. The particular facts of a case would have to be taken into account in order to avoid infringing the Article 8 rights of any family members.
3. In order to ensure that proportionality is considered in each case, the Policy should suitably reflect the reasons why the Council will look to publicise name and address details. The Policy should also set out the criteria that the Council will follow when assessing each case, and hence the inclusion of the ‘Publicity’ section in the Policy. The Policy also makes clear that officers would complete a form setting out the reasons why disclosure of personal details was deemed proportionate in a case.
Data Protection Act 1998
4. The Council is under a duty to process all ‘personal information’ (which includes details of criminal convictions) in accordance with the Data Protection Act 1998, unless a particular exemption applies. Section 29(1) of the Act provides an exemption for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders, though this is subject to the requirement to comply with the relevant provisions of Schedules 2 and 3 of the Act.
5. Schedule 2 provides that it must be demonstrated that the disclosure of personal information is necessary for the purposes of legitimate interests pursued by the Council.
6. The Data Protection (Processing of Sensitive Personal Data) Order 2000 made under Schedule 3 provides that sensitive personal data may be processed where “the processing is in the substantial public interest” and “is necessary for the discharge of any function which is designed for protecting members of the public against dishonesty, malpractice, or other seriously improper conduct, or the unfitness or incompetence of, any person
and
must necessarily be carried out without the explicit consent of the data subject being sought so as not to prejudice the discharge of that function.”
7. The above exemption would have to be applied individually to each case – the Council could not simply claim the exemption in advance for all cases and routinely publish the offenders’ details. If the Council decides that the exemption applies, then it must process the personal data fairly and lawfully in accordance with the Act. This would mean ensuring that such information is only disclosed where the substantial public interest outweighs the individual’s right to privacy.
8. The practicalities of the Act will also mean that benefit claimants need to be informed of the purposes, uses and disclosures the Council will make of their personal data. It is therefore proposed that the Council’s Housing and Council Tax Benefit claim forms are amended to include a statement notifying claimants that the Council will consider publishing the personal information of those persons convicted of benefit fraud, in accordance with the Policy.
9. The Information Commissioner will also need to be notified that the Council intends to use personal information in press releases as set out above. A notification would not need to be sent for each press release – a ‘blanket’ notification would suffice.
112.14 With the above legal position in mind, the Policy has been amended to include a clear statement of the Council’s intention to use personal data in press releases concerning successful prosecutions for benefit fraud. The Policy also sets out the factors that the Council will take into consideration when deciding whether to publish such information.
112.15 Further, should Members approve the amended Policy, the claim forms for Housing and Council Tax Benefit will be amended to inform claimants of the Council’s intention to publish names and addresses of offenders in press releases following successful convictions for benefit fraud. The Executive accordingly
RECOMMENDS that
41. the revised Housing and Council Tax Benefit Fraud Prosecution, attached as Annexe 2, be adopted.
Background Papers
(CEx)
There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.
113.
COVERT SURVEILLANCE - UPDATED POLICY
(Agenda Item 14; Appendix I)
113.1 The Regulation of Investigatory Powers Act 2000 (RIPA) introduced controls over investigative procedures where “directed surveillance” is used in a particular investigation. An example of directed surveillance would be the installation of a sound recording device in a complainant’s property in order to monitor noise from an alleged perpetrator’s property.
113.2 RIPA also authorises the use of “covert human intelligence sources”. A member of the public acting as a test passenger in a taxi licensing investigation would be one such example. The use of such covert human intelligence sources by Waverley officers is, and would be, rare, and in any event would likely be undertaken in partnership with other agencies such as Surrey Police.
113.3 The amended Policy is attached at
Annexe 3
. The amendments are minor, but are necessary following the outcome of the inspection of the Council carried out by the Office of Surveillance Commissioners in April 2007.
113.4 In particular it has been necessary, as a result of changes in legislation, to make clear that the Council can only interfere with the Article 8 right to privacy for the purposes of preventing or detecting crime or preventing disorder. The Chief Executive’s title has also been added to the list of Authorised Officers, replacing the position of Managing Director, as well as the position of Housing Services Manager. The title of the Policy has also been changed from “Policy for the Conduct of investigation involving covert surveillance techniques” to “Covert Surveillance Policy”. It is felt that this is far more accessible should members of the public read the Policy. Some further minor grammatical alterations have also been made.
113.5 The cost of processing authorisations in each investigation will be absorbed as procedural costs in initiating the investigation of the individual case. As such, the cost of implementing the provisions of the Act will, to some extent, depend on the number of relevant investigations involving directed surveillance.
113.6 The procedures for RIPA authorisations have been developed separately and in consultation with all of the Authorised Officers listed at the Appendix to the Policy. The amended Policy is now presented for the approval of the Council. The Policy will continue to guide the practice of Council officers in conducting investigations where regulated covert surveillance techniques are used.
113.7 The Executive
RECOMMENDS that
42. the revised Covert Surveillance Policy be approved for adoption; and
43. the revised list of Authorised Officers in the Appendix to the Policy be approved.
Background Papers
(CEx)
There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.
PARTS II AND III - MATTERS OF REPORT
Background Papers
The background papers relating to the following items in Parts II and III are as specified in the agenda for the Special meeting of the Executive.
Part II – Matters Reported in Detail for the Information of the Council
Part III – Brief Summaries of Other Matters Dealt With
114.
FOUR-MONTH ROLLING PROGRAMME
(Agenda Item 6; Appendix A)
RESOLVED that the four-month rolling programme be adopted, subject to
1. the deletion of Workforce Planning; Gypsies and Travellers; Children’s Trust Arrangements and Anticipated Health Consultation from the respective portfolios;
2. the addition of Post Office Consultation under the Partnerships and Community portfolio, with a date of February 2008;
3. amending the date to February 2008 for both Supporting Theatre Makers in Waverley and the Communications Review and amending the date to January 2008 for the Special Purpose Vehicle/Local Housing Company.
115.
FOUR-YEAR FINANCIAL STRATEGY 2008-2009 – 2011-2012
(Agenda Item 7; Appendix B)
RESOLVED that the approach to be taken to the 2008-2009 Budget preparation process be endorsed and the Executive’s thanks for an excellent presentation at the Finance Seminar be conveyed to all of the staff involved.
116.
BUDGET MONITORING – SEPTEMBER 2007
(Agenda Item 8; Appendix C)
RESOLVED that the current monitoring position for the General Fund Revenue Account, Housing Revenue Account and Capital Programme be noted.
117.
TREASURY MANAGEMENT – BORROWING AND INVESTMENT TRANSACTIONS AND PERFORMANCE MEASUREMENT
(Agenda Item 9; Appendix D)
RESOLVED that the report be noted.
118.
TELEPHONE CALL RECORDING SYSTEM
(Agenda Item 10; Appendix E)
[Note pursuant to Section 100B(5) of the Local Government Act 1972: this item contains exempt information by virtue of which the public is likely to be excluded. The information is as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
RESOLVED that
1. the Executive approve the purchase of a telephone call recording system from Company 4 at a cost of £12,387 to be met from within the specific provision of £20,000 included in the 2007/08 Capital Programme and annual maintenance costs of £1,470 which can be met from within the revenue maintenance budget for telephones; and
2. a Council-wide programme of telephone call handling training be introduced for all staff the cost to be met from within the balance of £7,000 remaining on the
Capital Programme provision for Telephone Call Recording.
119.
REVISED LOCAL DEVELOPMENT SCHEME
(Agenda Item 11; Appendix F)
RESOLVED that
1. the revised Local Development Scheme process be approved; and
2. the Director of Planning and Development, in consultation with the Portfolio Holder for Planning and Major Projects, be authorised to make any further amendments to the scheme to address any changes resulting from consulting with GOSE.
120.
REPORT FROM THE MEMBER/TENANTS’ SIG
(Agenda Item 15; Appendix J)
RESOLVED that the report be noted.
121.
EASEMENT OF ACCESS TO LAND ADJACENT TO 1 MILLVIEW, THE COMMON, CRANLEIGH
(Agenda Item 16; Appendix K)
[Note pursuant to Section 100B(5) of the Local Government Act 1972: this item contains exempt information by virtue of which the public is likely to be excluded. The information is as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
RESOLVED that an easement of access, on the terms and conditions as set out in the (Exempt) Annexe to the report, be granted to the owners of the land adjacent to 1 Mill View, with other terms and conditions to be negotiated by the Property and Development Manager.
122.
EASEMENT OF ACCESS TO HOLLYHOCKS HOUSE, GUILDFORD ROAD, CRANLEIGH
(Agenda Item 17; Appendix L)
[Note pursuant to Section 100B(5) of the Local Government Act 1972: this item contains exempt information by virtue of which the public is likely to be excluded. The information is as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
RESOLVED that an easement of access, on the terms and conditions as set out in the (Exempt) Annexe to the report, be granted to the owners of Hollyhocks House, with other terms and conditions to be negotiated by the Property and Development Manager.
123.
LEASE OF GODALMING TOWN FOOTBALL GROUND, WEY COURT, GODALMING
(Agenda Item 18; Appendix M)
[Note pursuant to Section 100B(5) of the Local Government Act 1972: this item contains exempt information by virtue of which the public is likely to be excluded. The information is as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
RESOLVED that Godalming Town Football Club be offered a new lease on the terms and conditions as set out in the (Exempt) Annexe to the report, with other terms and conditions to be negotiated by the Property and Development Manager.
124.
LEASE OF THE PROJECT OFFICE, THE CHANTRYS, FARNHAM
(Agenda Item 19; Appendix N)
[Note pursuant to Section 100B(5) of the Local Government Act 1972: this item contains exempt information by virtue of which the public is likely to be excluded. The information is as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
RESOLVED that the Farnham and Alton Talking Newspaper be granted a ten year lease of the Project Office, the Chantrys, Farnham, on terms set out in the (Exempt) Annexe to the report, with other terms and conditions being negotiated by the Property and Development Manager.
125.
SPECIAL INTEREST GROUPS
(Agenda Item 20)
125.1
Establishing a Human Resources Special Interest Group
(Agenda Item 20.1)
RESOLVED that a Human Resources Special Interest Group be established, with the Terms of Reference as set out in the agenda, to consist of five councillors and one co-opted representative of Staff Side.
125.2
Leisure and Member Development SIGs
(Agenda Item 20.2)
RESOLVED that
1. the Leisure and Member Development SIGs be reappointed, with the following Terms of Reference for the Leisure SIG:-
“To advise the Portfolio Holder on the existing provision, partnership, location and funding for
§
Sports and recreation
§
Arts
§
Countryside
§
Grounds maintenance
§
Engaging with Community Groups, especially the difficult to reach
and to comment on existing arrangements and to make any recommendations for change to the Executive through the Portfolio Holder”; and
2. the Chief Executive be authorised to finalise the memberships of the SIGs, with the membership of the Leisure SIG subsequently being agreed as follows:-
Cllr R J Steel (Portfolio Holder)
Cllr Mrs C Cockburn
Cllr V Duckett
Cllr J H B Edwards
Cllr Mrs J Hargreaves
Cllr S L Hill
Cllr P B Isherwood
Cllr J M Savage
Cllr R A Welland
Cllr Mrs L Wheatley.
126.
AREA BASED PLANNING DECISION-MAKING
(Agenda Item 21)
RESOLVED that it should be mandatory for councillors to undertake further training before determining applications under the proposed new planning decision-making system which will be the subject of a report to the next meeting of the Executive.
127.
ACTION TAKEN SINCE LAST MEETING
(Agenda Item 22)
RESOLVED that the action taken since the last meeting relating to 111 High Street, Godalming be noted.
[At this point in the meeting, Cllr A E B Taylor-Smith declared a personal interest as the Waverley representative on the Godalming Museum Trust].
128.
STAFFING ISSUE - CALL-IN REPORT BACK
(Agenda Item 24)
The Executive noted that having called this item in for scrutiny, the Corporate Overview and Scrutiny Committee had endorsed the Executive’s original decision relating to this matter.
The meeting commenced at 6.53 p.m. and concluded at 8.03 p.m.
Chairman
Comms/exec/2007-08/182