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Overview & Scrutiny Committee - Tuesday, 17th December, 2024 6.30 p.m.

December 17, 2024 View on council website Watch video of meeting Watch video of meeting
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Summary

The Overview and Scrutiny Committee met to discuss a range of issues, including the Best Value Inspection, flood risk management, the strategic performance and delivery report, budget monitoring and an update on the home care procurement process. The committee noted all of the updates, except the home care procurement update, where a decision was made to move into a private session to discuss the issues further.

Best Value Inspection

Stephen Halsey, Chief Executive of Tower Hamlets Council, provided the Committee with an update on the Best Value Inspection.

Mr Halsey told the committee that the council has not yet received a formal Best Value Notice, but is making preparations for its implementation, including meeting with a range of partners, including the Transformation Advisory Board and chief executives from other councils that have previously experienced intervention.

The five key issues identified in the draft notice are:

  • Political leadership
  • Governance and decision-making
  • The culture of the organisation
  • Working effectively in partnership
  • Use of resources and continuous improvement of service delivery.

The Minister has made it clear that any improvement plan needs to be locally led with local solutions. Mr Halsey has proposed meeting with the committee early in the new year to discuss how they can co-produce the plan.

The committee also heard from Clive Halsey, who was invited to speak to the committee about his experience helping councils exit intervention. Mr Halsey said that intervention is a journey with four stages or rungs on a ladder.

  1. A Best Value notice
  2. An Improvement Board
  3. A Mandated Board with powers of direction
  4. Full commissioners.

Full commissioners are appointed by central government and have full control of the authority.

“With commissioners, you lose the right to do that, and technocrats come in and run the organisation and take those decisions. You do not want that. So, my first advice is make sure you go nowhere near getting deeper into intervention.”

Mr Halsey said that councils in intervention need to ensure that they have a close relationship with the Ministry of Housing, Communities and Local Government (MHCLG) and are open and transparent in their dealings with them. He also said that councils need to work on improving governance, member development and relationships with partners.

Flood Risk Management

The Committee discussed flood risk management in the borough. Councillor Nathalie Bienfait reported on a recent site visit to Fish Island following flooding in the area. One of the key risks identified is the relationship with key strategic partners such as the Canal and River Trust. The committee questioned officers on the perceived lack of communication from the Canal and River Trust and what the council's response would be if there was another serious flooding event.

“Remember, you took them three hours' response. That's a long time for somebody to come to open, to manually open the gate.”

Officers explained that the responsibility for responding to flooding from canals and rivers sits with the Environment Agency and not the council. The council is responsible for flooding from surface water, groundwater and ordinary water courses.

The committee heard that three of the four automated sluice gates around Old Ford Lock failed in January, leading to flooding. The gates are designed to open automatically when water levels reach a certain point, however they malfunctioned. Two of the gates had failed a year prior to the incident and the third failed on the day of the flood. The Environment Agency and the Canal and River Trust undertook a programme of works over the summer to repair the gates and the council has been assured they are now working properly.

The committee discussed the role of sustainable urban drainage systems (SUDS)1 in mitigating flood risk and what data the council is using to identify areas where they could be beneficial. The Committee heard from officers that while the council has installed 55 SUDS, including rain gardens, across the borough, a strategic approach to their implementation is needed. The council has been advised to develop a list of areas that could benefit from SUDS, and to design and plan for schemes in these areas.

The committee agreed to continue discussions on this topic at a future meeting and will be inviting the Cabinet Member for Environment and the Climate Emergency and the Director of Public Realm to attend.

Strategic Performance and Delivery

The committee considered the Strategic Performance and Delivery Report for quarter two, 2024 to 2025.

Mayor Lutfur Rahman opened the discussion, telling the committee that he is committed to improving services for residents. The Mayor said that despite difficult financial circumstances, the council has invested heavily in public services. The Mayor highlighted recent investments in housing, leisure services, youth services, waste services, young people, community safety and adult social care.

Of the 56 strategic performance measures reported in the report, 32 are green (meeting or exceeding targets), 5 are amber (between target and minimum target) and 4 are red (below target).

“But I am not happy, nor is the executive, nor are you happy with just the ticks, just a green. We want to ensure overall that we are doing well.”

The four red measures discussed by the committee are:

  • The percentage of Education, Health and Care assessments completed within 20 weeks. This target has been missed for two consecutive quarters, despite the council increasing investment in SEND provision.
  • The percentage of young people that reoffend.
  • The level of household recycling.
  • The percentage of tenants satisfied with the overall service.

Committee members discussed the poor performance on Education, Health and Care plans.

“failures that last quarter when I raised it, it was a 44%. Now it's a 24%. So almost a, you know, 50% decrease in the same time.”

Officers explained that the percentage is a measure of statutory compliance with the Children and Families Act 2014. This is not the only measure of performance on SEND provision, and that in other areas, such as inclusivity, and Key Stage 4 educational attainment, the council is performing well.

“And I guess one of my broader feedback around this indicator, which is Educate Health and Care Plans is that there are other measures of how we're performing as an area, both the council, schools and the health services for, for children and families, which are more positive. So for instance, there's a greater proportion of children on a plan in mainstream education, which is really important about being more inclusive.”

Officers explained that the council is working with the Local Government Association (LGA) to improve its performance in this area and is committed to finding new ways of working.

Free School Meals

The Committee also discussed free school meals. The percentage of primary school children receiving free school meals has been falling and anecdotal evidence suggests that this is because of poor quality food.

“I've had kids tell me that the choice isn't good enough. Uh, they don't like, uh, some of the choice that's been put before them. Uh, and on particular days in some schools, it's the same thing again and again, which doesn't meet their needs or the cultural needs of some of the kids.”

Councillor Abdul Mannan said that he is leading a piece of scrutiny work on school meals and that the committee will be discussing the issue further at a meeting in January. The Committee also heard that there is a seasonal dip in take-up of free school meals in the Autumn and that figures should recover over the winter.

Youth Service

The committee heard from officers about changes to the youth service. The council is in the process of bringing most of the youth service in-house. It has increased investment in the service and is recruiting new youth workers.

“A lot of money has been set aside for the youth service because that's where we're young, young borough. Uh, we need an expanded.”

The committee questioned how the council will ensure that services are maintained during the transition period and that performance is not negatively affected.

Officers said that they will be retaining some commissioned youth services and that they are working with national youth organisations to develop new quality measures for the service.

Recycling

The committee discussed the level of household recycling in the borough. This is a red KPI, with the current rate being below target. The council has invested £5 million in a Waste Improvement Plan, and the committee heard that this is starting to have a positive impact.

“Um, dry recycling is going up, which is really good. Um, contamination levels are going down. Um, and our recycling rate is actually going up.”

The committee heard that the council has recruited eight additional outreach workers to support the plan and is working with social landlords to improve recycling rates.

The committee heard that the council’s contract with Bywaters, the company that processes the council's waste, has been amended to reduce the tolerance for contamination in recycling. The committee asked what impact this would have on recycling rates and what contingency plans the council has in place.

“Um, contamination is, is, is reducing. So that's a good thing. But, um, with the Biowaters contract, um, they are, they are harsh on us. Um, because it's, they're the only player in town, unfortunately, in, in this borough, or anywhere near East London.”

Officers explained that they have factored this change into the budget and that they believe that contamination levels will continue to fall.

Budget Monitoring

The committee considered the Budget Monitoring Report for Quarter Two, 2024 to 2025.

The General Fund has a forecast overspend of £18.4 million. This has been driven by pressures in homelessness, adult social care and SEND.

“Um, so the Q2 general fund forecast outturn position for the year is a forecast overspend of 18.4 million at the moment. Well, when the report was reported. And, uh, this position continues to be significantly impacted by the nationally recognized pressures in homelessness, adult social care, and SEND.”

The Dedicated Schools Grant (DSG) has a forecast overspend of £2.7 million and the Housing Revenue Account (HRA) has an overspend of £5.1 million.

Officers explained that this is a forecast position based on figures from the end of September, and that the picture is now more positive.

“The budget will be based on the Q3 position.”

The Committee heard that they are expecting a windfall which will eliminate the forecast overspend on the HRA and that at least 50% of the forecast overspend in the General Fund is not expected to materialise.

Home Care Procurement

The committee considered a report on the Home Care Procurement Contract Award Process.

The report explains the decision to withdraw from the procurement process for domiciliary care services, despite a previous decision by the Mayor in Cabinet to award the contract. The committee heard that several bids had been received that challenged the outcome of the procurement process. It also heard that changes to national insurance announced in the autumn statement have affected the affordability of the service.

“None of those bidders could have honoured the contractual price that had gone in.”

The committee questioned officers on the process, particularly in relation to why they were told in a previous meeting that any delay in the process would put vulnerable residents at risk, yet were now being told that there was nothing to worry about.

“Super briefly. At the last meeting, when we discussed this, we were told any extension in the current contracts would put vulnerable residents at risk. So what has changed now that there's no nothing for residents to worry about?”

The Committee also heard that the new director of Adult Social Care had very little involvement in the procurement process and questioned how the cabinet member for Health, Wellbeing and Social Care could have been so confident about the process, given these issues.

Officers explained that the decision not to award the contract was taken to ensure best value for the council and that they had considered all of the risks and opportunities before making a decision.

“The decision not to award was taken on the basis of our ability to demonstrate Best Value due to the combination of all the above.”

The committee decided to move into a private session to discuss the report further.

The next meeting of the committee will be held on Tuesday 14 January 2025.


  1. SUDS are drainage systems that are designed to mimic natural processes, like infiltration into the ground. They are an environmentally friendly alternative to traditional drainage systems that rely on piping water away. They are particularly useful in densely populated areas, like Tower Hamlets.