Archived decisions

                      ITEM 2

AT A MEETING of the STANDARDS COMMITTEE of the HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 27 January 2004.

PRESENT:

Councillors: C.R.H. Davidovitz (Chairman); Mrs. S.E. Allbright; Mrs. C.A. Leversha; A.W. Rice, TD; W.H. Wheeler.

Independent Members : Mr. J. Chester; Dr. B. Spender

85 DECLARATIONS OF INTEREST

 Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should, normally at the time of the debate, declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed. No interests were declared by Members on this occasion.

86 MINUTES

The Minutes of the meetings of the Committee held on 28 October and 26 November 2003 were confirmed as correct records and signed by the Chairman. On Minute 70, the Head of Corporate and Legal Services and Monitoring Officer reported that the Ombudsman was intending to do further research on how local authorities organise themselves to achieve the 15 day target for responses to complaints referred to the Ombudsman, and would be looking at Hampshire's procedures as Hampshire was one of the best-performing County Councils. On Minute 77, Planning Probity Code of Conduct, the Head of Corporate and Legal Services and Monitoring Officer reported that he had sought the views of colleagues, the Local Government Association, the Audit Commission and the Standards Board on the two issues of pre-determinations and prejudicial interests debated at the County Council's meeting on 27 November 2003. He would prepare a briefing note which would go to the Leader and Chairmen of the relevant committees before any decisions were taken on the way forward.

87 CHAIRMAN'S COMMUNICATIONS

There were no announcements made on this occasion.

88 DEPUTATIONS

There were no deputations notified on this occasion.

89 AUDIT COMMISSION REPORT : FINANCIAL ASPECTS OF CORPORATE GOVERNANCE

The Committee considered the report of the County Treasurer and the report of the Audit Commission (Item 5 in the Minute Book) on financial aspects of corporate governance for 2002/03. Mr. Mark Catlow, from the Audit Commission, attended the meeting and gave a presentation on the salient features, and the County Treasurer responded with a commentary on action being taken in response to the points raised. Among the particular issues identified by Members were the need to make a further effort to encourage all schools to provide regular financial information, including bank reconciliations, for budget monitoring purposes. Reference was also made to the capitalisation of highways structural maintenance, where it was accepted that there was a need for clearer definitions of the divide between capital and revenue. Concerns were expressed by Members at the importance of ensuring that appropriate checks were made on the appointment of staff, or other providers, particularly those dealing with children or vulnerable groups, and they stressed the need to ensure that suitable references were sought and obtained before any appointments were made. In general terms the Committee welcomed the Audit Commission's opinion that the County Council's financial arrangements for corporate governance were sound and that there were no significant areas requiring a formal response.

RESOLVED:

      (i) That the satisfactory report of the Audit Commission on financial aspects of corporate governance be welcomed and that the management responses to the issues raised be noted.

      (ii) That the Head of Corporate and Legal Services and Monitoring Officer be asked to ensure that the annual statement of corporate governance contains a response as to whether appropriate bona fide checks (including taking up references) were being undertaken by Chief Officers for all new starters and service providers.

90 OMBUDSMAN'S REPORT ON HIS INVESTIGATION OF A COMPLAINT

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 6 in the Minute Book) on the Local Government Ombudsman's investigation of a complaint concerning provision of services specified in a pupil's statement of special educational needs. The Ombudsman's report was also attached as Item 6. The Head of Corporate and Legal Services and County Education Officer gave full details of the respective responsibilities of the Primary Care Trust and Hampshire County Council as Local Education Authority, for the speech and language therapy services specified in the pupil's statement of special educational needs. They underlined the fact that this was a very unusual combination of circumstances, but the result had been that the pupil had not received the service to which he was entitled. It was clear that it was the County Council's ultimate responsibility to monitor the provision made by others under contract or agency arrangements, and that this duty was one of general import across the range of services provided by the County Council. The Ombudsman, although satisfied with the County Council's response, had published the report because of these issues of general public interest. Members felt it was important that relevant schools, other County Council departments and the two primary care trusts, involved in this matter should be made aware of the contents of the Ombudsman's report, with a view to improving liaison and communications, so that such a situation did not recur.

RESOLVED:

      (i) That the Committee notes, on behalf of the County Council, publication of the report by the Local Government Ombudsman on his investigation of a complaint concerning provision of services specified in a pupil's statement of special educational needs and the conclusions which it sets out, as detailed in the report.

      (ii) That the Committee notes the action taken to reduce the likelihood of a repetition of the events and endorses the action taken to settle the complaint, namely a payment of £150 to the complainant and provision of ICT equipment/software to the value of £500 to the school the pupil now attends to enhance development of the pupil's language and communication skills.

      (iii) That all County Council services note and take into account the implication from the Ombudsman's decision that the County Council remains accountable for delivery of service when it has contracted or agreed with another body or person for provision of that service.

      (iv) That the Local Government Ombudsman be advised that, in the circumstances of this complaint, it would have been appropriate for it to have been investigated jointly with the Health Service Ombudsman,.

      (v) That the County Education Officer be requested to notify schools that, in respect of their statemented children where speech and language therapy or other contracted services are provided, the Local Education Authority should be informed as soon as possible if any children fail to receive such services.

      (vi) That a copy of the Ombudsman's report and the report of the Head of Corporate and Legal Services and Monitoring Officer be sent to the two Primary Care Trusts involved in this matter and they be asked for their comments.

91 APPOINTMENT OF MEMBER TO INDEPENDENT REMUNERATION PANEL

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 7 in the Minute Book) on the proposed appointment of a Member to replace Professor Malcolm Grant, who had resigned, as a Member of the Independent Remuneration Panel.

RESOLVED:

      (i) That Professor Grant be thanked for his services.

      (ii) That it be a RECOMMENDATION to the County Council:

      That Dr. Elizabeth Waterman-Roberts be appointed as Member of the Independent Remuneration Panel for a period expiring in February 2006.

92 PROPOSED AMENDMENT TO THE CONSTITUTION

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 8 in the Minute Book) and it was

RESOLVED:

That it be a RECOMMENDATION to the County Council:

That Part I Chapter 10, Section "Other Advisory Panels" be amended as follows:


    delete:

    Buildings, Land and Contracts Panel

    Leader of the Council

    add:

    Buildings, Land and Procurement Panel

    Leader of the Council


93 PROCEDURAL ITEMS - REVIEW OF CALL-IN AND URGENCY PROCEDURE AND REVIEW OF SCRUTINY ARRANGEMENTS

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 9 in the Minute Book) and it was

RESOLVED:

That the report on the operation of the call-in and urgency provisions in Part 3(D) of the Constitution, and progress with the development of scrutiny arrangements, be noted as set out in the report.

94 STANDARDS BOARD CONFERENCE : 13-14 SEPTEMBER IN BIRMINGHAM

It was reported that the fee for this conference would be £380 per person this year.

RESOLVED:

That Councillors C.R.H. Davidovitz, A.W. Rice, TD and W.H. Wheeler be appointed to attend the Standards Board Conference, 13-14 September in Birmingham, and that their conference expenses be paid.

95 DATE OF NEXT MEETING

It was noted that the Committee's next meeting had been rearranged to take place on Wednesday, 7 April 2004 beginning at 2.15 p.m. The next two meetings of the Committee would be held on 27 July and 26 October as programmed.

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