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 discussed the council’s first quarter budget monitoring report and heard a spotlight presentation on business rate risks. It also heard a presentation about the new transport strategy and was asked to consider the local government ombudsman’s decision about a complaint made against the council. Lastly, the committee agreed the final version of its work programme for 2024/25 and were asked to consider this year’s scrutiny annual report, which will be tabled at the next full council meeting.

Budget Monitoring 2024/25 Q1

The council is forecasting an overspend on its general fund for 2024/25. This is being driven primarily by an increase in demand and costs in Homelessness, particularly in temporary accommodation, Adult Social Care, and Special Education Needs and Disabilities (SEND). These are all nationally recognised demand-led pressures, particularly impacting London. The council set aside a risk reserve of £18 million to mitigate the risk of overspending in these areas.

Councillors raised concerns that, despite the council being aware of the growing pressure on homelessness, the forecast overspend in the first quarter of this year was more than double the forecast overspend for the same period last year. In response, Julie Lorraine, the Corporate Director for Resources, outlined the actions being taken to mitigate the risk and reduce the overspend. In homelessness, these actions include a focus on reducing the council’s reliance on commercial hotels to accommodate homeless families, and on working with private landlords to increase the availability of private rented accommodation. The service reported it has been successful in reducing the number of families in commercial hotels to one, as of the date of the meeting. In Adult Social Care, actions include reviewing the current forecast to ensure it is based on up-to-date demand data and revising home care packages. In SEND, actions include reviewing the use of personal transport for children with special needs and offering more families personal budgets to purchase their own transport, and implementing a market rate supplement for Educational Psychologists to improve recruitment.

Councillors also raised concerns about slippage in the council’s capital programme. This means that the council has not delivered projects that had been budgeted for, including the St Georges Leisure Centre. This slippage is particularly concerning in the Housing Revenue Account (HRA), where there is a forecast underspend of £5 million. The council is currently undertaking a due diligence exercise to understand the reasons for the slippage.

Finally, Councillors questioned the council’s predicted overspend in Legal Services. This was attributed primarily to the high cost of using agency workers to fill vacant positions. The council has agreed to put forward these vacant posts to market rate benchmarking, similar to that being done for Educational Psychologists, to ensure that the council is paying a competitive salary to attract and retain permanent staff.

Business Rate Risks

The council is forecasting a loss of income from Business Rates in 2024/25. This is because of a number of successful appeals against business rate valuations. The increase in successful appeals is being driven by a number of factors, including the economic impact of the pandemic, the growth of online retail, and the reduction in the value of office space.

The council has a smoothing reserve of £20 million to mitigate the risk of losing income from Business Rates. This reserve was depleted to cover a £20.2 million loss in 2023/24. The council is now looking at ways to build back the reserve.

Councillors questioned the grounds for the successful appeals. Officers explained that appeals are often successful when a business can demonstrate that its property is overvalued, particularly when compared to similar properties in the borough. Once one appeal is successful, it can trigger a ‘domino effect’ with other businesses in the area also appealing. The appeals process is independent of the council and they have no direct influence on decisions made.

Councillors questioned how the council is factoring these potential risks into its future budget planning. Officers explained that the council has a Business Rates Smoothing reserve that is used to cover losses in income from Business Rates, but it was depleted in 2023/24 to cover the increase in successful appeals and the council now needs to look at ways to build this back.

Transport Strategy

Councillors heard a presentation about the new Transport Strategy, which is being refreshed to take account of a number of changes that have happened since the original strategy was published in 2019. This was described as a ‘light touch’ refresh, with a focus on ensuring the strategy is aligned with current guidance and local priorities, such as the Strategic Plan.

Councillors questioned how the new strategy will align with the Mayor’s manifesto pledge to increase the number of parking spaces in the borough. Officers explained that the council is committed to delivering the Mayor’s manifesto pledges and there is a target to create 1000 parking spaces by the end of the current Mayoral term. The council has already allocated 750 parking spaces for residents.

Councillors also questioned how the new strategy will address the issues of dockless bikes and e-scooters being left on pavements, causing an obstruction to pedestrians. Officers explained that the council is working with other London boroughs and TfL to lobby for legislation that will allow them to enforce parking regulations for these types of vehicles.

Finally, Councillors requested that the new strategy include regular update reports to the committee to keep members informed of the progress of its implementation. Officers agreed to provide annual updates to the committee.

LGSCO Final Decision & Service Action Plan Response

Councillors considered the Local Government and Social Care Ombudsman (LGSCO)’s final decision on a complaint made against the council, which focused on a resident’s experience of requesting reasonable adjustments when applying for a new Blue Badge and a taxi-card. The Ombudsman found that the council was at fault because it delayed dealing with the applications, it did not consistently make reasonable adjustments and it did not handle the subsequent complaint properly.

The council has agreed to apologise to the resident and to pay £200 for distress caused and £100 for time and trouble, It has also agreed to take the following actions:

  • Provide guidance to staff regarding dealing with complaints about Blue Badge applications properly through the corporate complaints process.
  • Share a copy of the Ombudsman’s decision with staff in the relevant departments to consider the lessons learned from the case.
  • Provide an action plan showing how the council will record, assess, make decisions on, and deliver reasonable adjustments requested by service users.
  • Refer this decision, the action plan, and the lessons learned to the relevant Cabinet Member and the Overview & Scrutiny Committee.

Councillors heard a presentation about the council’s proposed actions to meet the Ombudsman’s recommendations, including developing a customer facing reasonable adjustment policy and carrying out a service survey to understand how customer facing services are currently implementing reasonable adjustments.

Councillors questioned how the council will ensure that staff are adhering to the new policy and that the council will make a shift to a more customer-centred culture. They highlighted that there is a problem in the council with accepting feedback and learning from feedback and that the complaints process is often part of the problem for residents. In response, the Director of Customer Services, Leah Sykes, stated that the council is working to improve its complaints process and make services more accountable to residents, but acknowledged that the council still has ‘some way to go’ to ensure all staff are implementing reasonable adjustments appropriately and consistently.