Overview & Scrutiny Committee - Tuesday, 10th September, 2024 6.30 p.m.

September 10, 2024 View on council website Watch video of meeting
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Summary

The meeting considered reports on the Quarter 1 2024/25 budget, business rates risks in the borough and a new transport strategy. A decision was also taken to approve the Overview and Scrutiny Committee’s Work Programme. Finally, the meeting reviewed the Local Government Ombudsman’s decision on a complaint about the council’s handling of a Blue Badge application.

Quarter 1 Budget

Councillor Julie Lorriane, Corporate Director of Resources and Deputy Chief Executive, provided the committee with an update on the 2024/25 budget, after the first quarter.

The forecast is for an overspend of £13.3 million on the General Fund, driven by nationally recognised demand-led pressures such as homelessness, adult social care, and Special Educational Needs and Disabilities (SEND). Councillor Lorriane stated that the council was sighted on these pressures and had made adequate risk provisions to mitigate against them.

It may seem I'm stating the obvious but this is, as at the end of June the budget holders looking forward 9 months and guessing to the best of their ability what they think the end of year position will be.1

Councillor Lorriane highlighted that the pressures were likely to be greatest in boroughs like Tower Hamlets with a higher population density.

The committee raised concerns about forecast slippages in the General Fund’s capital programme, particularly relating to the delivery of housing projects. They were particularly concerned about a slippage of £17.8 million on St Georges Leisure Centre.

The committee asked questions about a number of other issues.

  • They were concerned about how the council is responding to the high cost of temporary accommodation. In response, Councillor Lorriane detailed the work that has been done to reduce the reliance on commercial hotels.
  • They queried a forecast slippage of £8.5 million on the Institute of Academic Excellence. The committee was assured that the budget for the scheme has actually decreased, as it will now be refurbished, rather than demolished and rebuilt. The slippage was due to an external approval process.
  • They sought assurance that the council was taking mitigating actions to deal with the forecast overspends. Councillor Lorriane explained the council was looking at compensatory savings across all services.
  • They sought an explanation of how confidence levels are determined for the delivery of planned savings. Councillor Lorriane explained that confidence levels were determined by whether the planned savings are on track and how likely it is they will be delivered during the financial year.

The Dedicated Schools Grant (DSG) was forecast to be overspent by £2.6 million at year-end, driven by pressures on the High Needs Block. The committee was informed that the council is proposing to use the underspend from other school budgets to reduce this overspend.

The Housing Revenue Account (HRA) was forecast to be overspent by £3.9 million at year-end, driven by the high number of void properties and the increasing cost of repairs and maintenance.

Business Rate Risks

Chris Leslie, Head of Strategic Finance and Chief Accountant, gave the committee a presentation on business rate risks.

He explained that the council’s income from business rates was forecast to be £173 million for the year. This is a significant income stream for the council and is collected from non-domestic properties, such as businesses. The council retains 30% of the business rates collected, with 37% being paid to the Greater London Authority (GLA) and 33% to the government.

The committee heard that one of the key risks to the council’s income from business rates is from appeals against valuations made by the Valuation Office Agency (VOA). These appeals can often be made years after a valuation has been made and can result in the council having to refund prior years’ business rates payments.

Mr Leslie highlighted the example of the old Barclays Building in Cabot Square, which is expected to be removed from the business rates list for one year, due to refurbishment. This will result in the council losing £7 million in business rates income.

Mr Leslie presented a graph showing that rate reductions in 2023/24 were over three times higher than in previous years. This was attributed to appeals decided from December 2023 onwards. The committee heard that the top five successful business rates appeals in 2023/24 totalled £22.4 million, including repayment of prior years’ rates. All of these appeals related to properties in Canary Wharf.

The committee sought clarity on the criteria for successful appeals. Councillor Julie Lorriane explained that the grounds for successful appeals varied, but that there was often a ‘domino effect’, where, once one business has had an appeal upheld, others will follow.

It's a lot easier if somebody else has won one. So it's a bit like dominoes, once a principle has been established, and it can be anything, it can be change of footprint, it can be size of building, change of use of building.

Councillor Lorriane reassured the committee that the council has mitigating actions in place to deal with the risks from business rates appeals. These include commissioning external expertise, increasing intelligence gathering on potential appeals and improving forecasting.

Transport Strategy

Councillor Shafi Ahmed, Cabinet Member for Environment and the Climate Emergency, introduced the report on a refresh of the council’s transport strategy.

He explained that the council’s current transport strategy, adopted in 2019, covers the period 2019 to 2041. However, a number of local, national, and political changes have taken place since the strategy was adopted, requiring a refresh.

The committee heard that these changes include the financial impact of the Covid-19 pandemic on Transport for London (TfL), a change in national government, the re-election of Sadiq Khan as Mayor of London, the introduction of new micro-mobility schemes and the opening of the Elizabeth Line.

The committee raised concerns about a number of issues, including:

  • The lack of dedicated bays for Electric Vehicle (EV) charging points. Councillor Ahmed explained that the council’s policy is to not implement dedicated bays as this will reduce parking capacity for residents. However, he confirmed that the council will monitor the situation and make changes if required.
  • The lack of accessibility on pavements in the borough. Councillor Ahmed detailed the work the council has already carried out on assessing accessibility on footways and highways, as well as its plans to use a combination of capital funding, Section 106 money2 and Community Infrastructure Levy (CIL) money3 to improve accessibility over the next three to five years.

  • The safety of cyclists in the borough. Matt Kiely, Interim Group Manager Transportation – Public Realm, explained that the strategy refresh will address the issue of shared spaces and will seek to find a balance between the needs of cyclists, pedestrians and other road users.

  • The lack of legislation around dockless bikes and scooters. Councillor Ahmed detailed how the council is lobbying the GLA and other London boroughs to introduce legislation to regulate the dockless sector. In the meantime, the council has signed up to a memorandum of understanding with other boroughs and TfL to develop a pan-London approach.

The committee asked questions about mode shift in the borough and how this aligns with the Mayor’s manifesto pledges. In response, Councillor Ahmed stressed that the refreshed strategy will seek to find a balance between encouraging sustainable modes of transport, while acknowledging the difficulties faced by residents who need to use cars.

The committee also asked about the impact of the Silvertown Tunnel on the borough and were informed that the council was working with TfL and neighbouring boroughs to mitigate against any potential negative impacts.

Local Government Ombudsman Decision

Councillor Abdul Wahid, Cabinet Member for Customer Services, Equalities and Social Inclusion, introduced the report on the Local Government & Social Care Ombudsman (LGSCO) final decision and service action plan response.

The committee heard that the LGSCO investigated a complaint about the council’s handling of a resident’s Blue Badge renewal process. The LGSCO found that the council was at fault and made a number of recommendations to remedy the situation.

That fault was that the complainant, Mr X, suffered avoidable distress and occurred time and trouble in having to repeat his request for a reasonable adjustment.

The committee heard that the council has developed an action plan in response to the LGSCO’s recommendations. This includes developing a new reasonable adjustments policy for service users, reviewing the council’s training for staff on reasonable adjustments and implementing a new system for recording reasonable adjustments.

The committee raised a number of concerns, including:

  • Whether the council’s new policy and action plan will go far enough to ensure that reasonable adjustments are consistently implemented across all services. Councillor Leah Sykes, Director of Customer Services, confirmed that a survey would be carried out with all council services to understand their level of understanding on reasonable adjustments and any gaps in provision would then be addressed.
  • How the council will balance the costs of providing reasonable adjustments against the need to provide equitable access to services for all residents. Usman Zia, Head of Information and Governance, explained that the council would only consider providing reasonable adjustments where they are ‘reasonable’, proportionate to the council’s size and resources, and do not cause an unreasonable disruption to services.
  • How the council will ensure that staff are held accountable for failing to meet their obligations under the Equality Act 2010. Councillor Sykes explained that a number of measures were being introduced to improve the council’s complaints process, including new performance dashboards and training for frontline staff.

The committee agreed to receive an update on the council’s progress in implementing the reasonable adjustments action plan at a future meeting.

Other Business

The committee agreed to approve its annual Work Programme for the year 2024-25. This includes a number of key priorities, including scrutinising the council’s budget, reviewing the council’s performance against its strategic goals and carrying out scrutiny reviews on a range of issues.

The committee noted the council’s annual Scrutiny Report for 2023-24. This report provides a summary of the work that the committee carried out last year.

Councillor Amy Lee raised a concern that the Work Programme only allocates one Mayor’s Spotlight meeting. She suggested that this was inadequate and requested more opportunities to scrutinise the Mayor.

So there's only one opportunity to do that for the rest of the year, I just want to put on record that I think that's completely wild, this is an Overview and Scrutiny Committee, he's the Mayor, I think that's not okay, to be honest.

Councillor Lee also informed the committee that a report on Net Zero targets was due to be considered by Cabinet in November. She asked that the committee be given an opportunity to carry out pre-Cabinet scrutiny on this important issue.

Finally, the committee agreed to submit a question to Cabinet on the communications plan for a new policy on time banded waste collections, due to be considered by Cabinet the following day. They were concerned that the report did not make clear if or when residents would be informed of the new policy.


  1. This refers to the budget holders of each of the council's services using their understanding of what money they are going to need to spend to make a prediction of the total amount they will have spent at the end of the financial year. In this case, as the meeting was held in September, and the budget covers the period April to March, the budget holders were having to make an educated guess about nine months of expenditure. 

  2. Section 106 of the Town and Country Planning Act 1990 allows a local planning authority to enter into a legally-binding agreement with a landowner when granting planning permission. The agreement is known as a Section 106 Agreement and is usually used to mitigate the impacts of a new development on the local area. The agreement can include conditions, such as the requirement for a certain percentage of affordable housing in the development, or for the developer to contribute to the cost of local infrastructure, such as new roads, public transport, or schools. 

  3. The Community Infrastructure Levy (CIL) is a planning charge introduced by the Planning Act 2008. It allows local authorities in England and Wales to raise funds from developers undertaking new building projects in their area. The money raised is then used to fund infrastructure to support the development, such as new or safer roads, flood defences, schools, hospitals, and other health and social care facilities.