Archived decisions

COUNCIL PROCEEDINGS, 3 APRIL 2008

HAMPSHIRE

At a Meeting of Hampshire County Council held at The Castle, Winchester on

Thursday 3 April 2008.

Chairman:

Councillor Mrs. P. M. Devereux

Vice Chairman:

Councillor T. G. Knight

Councillors:

F. G. Allgood J.P.

Felicity Hindson, M.B.E.

Mrs. C. A. Bailey

G. M. Hockley

Mrs. P. G. Banks

Keith House

R. J. Baulk

R. Hughes

I. F. E. Beagley

P. R. C. Hutcheson

D. R. Blampied

S. C. James

Carol Boulton

Jo Kelly

Alan Broadhurst

M. N. Kemp-Gee

J. V. Bryant

M. J. Kendal

Mrs. A. Buckley

R. J. Kimber

Mrs. E. M. Byrom

D. A. Kirk

Adam Carew

Mrs. C. A. Leversha

M. F. Cartwright

A. R. Ludlow

K. G. Chapman

Peter Kent Mason

P. J. Chegwyn

J. J. W. Maxwell

N. R. G. Clarke

R. C. McIntosh

A. P. Collett

Mrs. A. M. McNair Scott

M. G. Cooper

E. J. Neal

B. D. Dash

Sam Payne

Colin Davidovitz

R. J. Perry

G. W. Davies-Dear

Mrs. P. G. Peskett

Mrs. P. Dickens

Mrs. J. A. Porter

A. G. Dowden

Roger H. Price J.P.

L. T. Dunsdon

S. H. Reid

P. R. Edgar

A. W. Rice, TD

Anne Edwards

Mrs. A. M. Roling

Dr. R. J. Ellis

David Simpson

A. D. G. Evans

Mrs. M. D. Snaith

K. D. Evans

Mrs. E. F. Still

Mrs. J. K. Frankum

T. K. Thornber, C.B.E.

E. F. Gale, M.B.E.

Mrs. M. J. Tucker

K. L. Gill

John K. West

D. Gillett

Mrs P.A. West

J. K. Glen

A. Weeks

B. T. Gurden

Mrs. S. A. Wheale

D. Harrison

M. J. Woodhall

P. A. Heath

Seán D. T. Woodward

Mrs. K. Heron

D. F. Wright J.P.

265

APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Mrs Banks, Cartwright,

Chapman, Chegwyn, Gill, Hughes, Hutcheson, Mrs McNair Scott, Mrs Peskett and J.K. West. Councillors Hutcheson and Mrs Peskett were representing the County Council elsewhere.

266

DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or

prejudicial interest in any matter to be considered at the meeting they must declare that 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 is discussed, save for exercising any right to speak in accordance with paragraph 12 of the Code. The declaration should be made at the time of the relevant debate.

267

MINUTES

The minutes of the meeting held on 21 February 200 were agreed as a correct

record and signed by the Chairman subject to the deletion of the words `Councillor Kelly thereupon withdrew her amendment' on page 155 given that Councillor Kelly had not withdrawn her amendment but had accepted the Leader's undertaking as to how he would deal with the matter.

268

SAVE OUR NURSERIES CAMPAIGN - DEPUTATION

The Council received a deputation from Juliet Henderson expressing the

Concerns of parents and nurseries about funding arrangements proposed by the government for the support of nurseries and suggesting issues which she hoped the County Council would consider.

269

CHAIRMAN'S COMMUNICATIONS

The Chairman welcomed back Councillor Allgood who was attending his first

meeting of the Council following incapacity. The Chairman also reported news received direct from Councillor John West who hoped soon to be out of hospital. She then reported on events attended since the previous meeting including the presentation of `quality parish' awards to representatives of Silchester and Whiteley Parish Councils, a Reception for Royal British Legion volunteers, and the Chairman's annual concert in Basingstoke in conjunction with the Hampshire Music Service which had been a wonderful opportunity to meet and hear Hampshire's talented young musicians.

270

LEADER'S REPORT

The Leader welcomed Nick Georgiou to his first County Council meeting as

Acting Director of Adult Services. He then informed the Council with much pleasure that the government had withdrawn development at Micheldever from its eco-town proposals. This was welcome news and supported the County Council's strategic approach to meeting housing demand. He went on to report that IT Services had been successful in achieving ISO IT Service Management accreditation so placing the County Council in a top league of organisations able to demonstrate best practice IT service management. No other County Council had achieved this to date. The Leader congratulated Jos Creese, the Head of IT Services, and all the staff in his department and presented the ISO certificate to him. Further good news for the County Treasurer's Department was the recent Charter Mark Award to the Financial Assessment and Benefits Group (FAB Team), the Charter Mark Award being the Government's national standard for excellence in customer service.

The Leader congratulated the FAB staff on receiving this accreditation and thanked them for their work to maximise the benefits available to the elderly and vulnerable adults in the county.

Continuing in the vein of good news, the Leader was pleased to report that Emma Gordon and Andrew Boutflower had come first in the Young Local Authority of the Year Competition, held in March in Bournemouth beating off competition from 56 entrants to secure the title. Congratulations were due to both of them on this excellent achievement.

The Leader took the opportunity to report that, on 11 April, he was re-launching the newly named Hampshire Archives and Local Studies Centre, where, for the very first time, Hampshire's archives and local studies collections would come together to create a one-stop service under one roof at the Hampshire Record Office. This move completed the transformation of Winchester's new culture offer which started with the Winchester Discovery Centre.

The Leader announced that, on 4 April, he would be meeting for the first time, with those who had accepted the invitation to become Commissioners on Hampshire County Council's Commission of Inquiry, which had been set up by the County Council to hear the views of individuals on social services delivery to ensure that people were given more choice about the care they receive. Following on from this meeting, there would be four public sessions where national and local speakers would present evidence on issues of personalisation. The Leader invited Members to participate in the work of the Commission, attending its sessions and/or making submissions. Members were invited to contact the Commission Office based in the Adult Social Care Department for further information.

The Leader also reported that Regional Minister for the South East, The Rt Hon Jonathan Shaw MP, had visited the Hampshire County Council on 18 March 2008 to look at some of the Council's initiatives around climate change and sustainability. He visited Everest Community College in Basingstoke, which had been built with the issue of sustainability firmly in mind. The Minister had been very impressed. The Leader confirmed that, in a private conversation with the Minister,, they had discussed the Hampshire Senate, the devolution of SEERA responsibilities to Hampshire County Council and the County Council's role in scrutinising SEEDA.

In conclusion the Leader drew Members' attention to the intention at the next meeting of the Council to carry out an emergency evacuation of the Council Chamber.

271

QUESTIONS UNDER STANDING ORDER 20(b)(i)

Councillor Dowden had put a question concerning Post Office closures and

the County Council's response to the Leader and, on the suggestion of the Leader, he agreed to defer the issue until the debate on the Notice of Motion later in the meeting.

Councillor Thornber answered a question from Councillor Bailey about

progress by the County Council following the County Council's decision in November 2007 to endeavour to reduce the County Council's carbon footpring

272

APPOINTMENTS

On this occasion there were no appointments which required the Council's

approval.

273

SUSTAINABLE SHOPPING BAGS

The Council considered the following Notice of Motion by Councillor Dowden

submitted in accordance with Standing Order 17 and seconded by Councillor Collett:

That Hampshire County Council contact all major supermarket chains in Hampshire with a view to persuading them to switch over to the use of bio degradable / compostable shopping bags as soon as is practicable.

Councillor Kendal, seconded by Councillor Kemp-Gee proposed the following

amendment:

Proposed deletions(in italics):

That Hampshire County Council contact all major supermarket chains in Hampshire with a view to persuading them to switch over to the use of biodegradable/compostable shopping bags as soon as is practicable

Proposed amendment (additions in italics):

That Hampshire County Council, through leadership, influence and delivery commits to reducing landfill levels across all sectors of Hampshire's community.

This commitment will involve:

_ Increasing landfill diversion/avoidance targets.

_ Developing infrastructure options aimed at eliminating the landfill disposal of household (municipal) waste.

_ The timely delivery of the Minerals and Waste Development Framework including a comprehensive waste sites plan that allows for future recycling and recovery operations.

_ Influencing public sector partners, the private sector/industry to improve the recycling and recovery of material resources.

_ Working with manufacturers, producers, retailers, Government to reduce waste and minimise (where practicable) packaging - this will include discussions with the major supermarket chains in Hampshire.

Following a short debate consensus was reached and Councillor Dowden accepted Councillor Kendal's amendment including Councillor Kendal's proposal that the words `including plastic bags' be added after the word `packaging' in line 2 of the last part of the amendment. Accordingly on the revised amendment being put to the vote it was

RESOLVED:

That Hampshire County Council, through leadership, influence and delivery commits to reducing landfill levels across all sectors of Hampshire's community.

This commitment will involve:

_ Increasing landfill diversion/avoidance targets.

_ Developing infrastructure options aimed at eliminating the landfill disposal of household (municipal) waste.

_ The timely delivery of the Minerals and Waste Development Framework including a comprehensive waste sites plan that allows for future recycling and recovery operations.

_ Influencing public sector partners, the private sector/industry to improve the recycling and recovery of material resources.

_ Working with manufacturers, producers, retailers, Government to reduce waste and minimise (where practicable) packaging including plastic bags - this will include discussions with the major supermarket chains in Hampshire.

274

THE RIGHTS OF CHILDREN IN THE COUNTY COUNCIL'S CORPORATE CARE

The Council considered the following Notice of Motion by Councillor Hockley

submitted in accordance with Standing Order 17 and seconded by Councillor McIntosh:

a)That the health of our fostered children is paramount and prospective foster carers, who smoke be advised that their application to foster can regretfully not be considered.

b)That Hampshire County Council will, as from this date not place children for fostering in households where any member of that household smoke.

c)That all foster carers be written to and advised of HCC's Non Smoking Rule and advised of the considerable risk to health to smokers and secondary smokers and the possibility of litigation against the carer if this rule is broken.

d)That, as a separate issue for debate at a later time, consideration be given to the same rules being applied to prospective adopters.

With the permission of the Chairman, the Leader reported advice received from counsel in connection with Councillor Hockley's Notice of Motion which made it clear that the imposition of a blanket ban would have the effect of fettering the Council's discretion and would be challengeable in the Courts if adopted.

Councillor Kirk, seconded by Councillor Hindson proposed the following amendment:

That it be an amendment to Councillor Hockley's motions at paragraphs (a), (b), (c) and (d) as follows:

i) Paragraphs (a) to (d): - delete the words "and.................adopters".

ii) Insert the following:

b)The Council notes that the health, safety and wellbeing of children and young people are at the heart of policies and practice related to children in care. This includes taking into consideration the effects of smoking on children who are in foster care and those placed for adoption, and recognising the important role that carers and social workers have in protecting all aspects of a child's health while they are in care.

c) The Council recommends that the policy continues to:

· promote the National Minimum Standards for Foster Care in emphasising health awareness in foster carers

· inform applicants for fostering and adoption of the impact on health of smoking for themselves and those in their care

· promote access for applicants and carers to smoking cessation programmes

· warn applicants that smoking may impact on their approval or on the match to a child if they are approved

· follow the relevant Regulations in ensuring that each assessment and each placement of a child, takes into account all of the circumstances of the family, including the full range of the child's needs and any attachments the child might have to the family under consideration.

d) Further, the Council recommends that the Executive Member consider the following changes to the current policies:

· The adoption of the position of the British Association for Adoption and Fostering, in stating that Hampshire will not approve applicants who smoke to adopt or foster children under 5 or with respiratory problems, unless those children are known to them

· Placing social workers to include, in each family placement agreement, a commitment from the carers that they will not expose the children in their care to smoke

· Placing social workers to include, in each family placement agreement, a statement of the reasons for considering that the placement will meet the needs of the child to be placed, and, where that family smokes, what action will be taken to reduce the risk to the child

· Household Reviews of Foster Carers to cover the issue of smoking

· Regular joint campaigns with the PCT on the dangers of smoking

e) This Council notes that the Executive Member for Children and Families will consider, at her decision day in July, a report proposing a revised policy on smoking in foster care and adoption.

After a full discussion and clarification of a number of points the amendment was put to the meeting and was approved. Councillor Heath asked for his opposition to the decision to be recorded.

RESOLVED:

a) That the health of our fostered children is paramount;

c) The Council recommends that the policy continues to:

· promote the National Minimum Standards for Foster Care in emphasising health awareness in foster carers

· inform applicants for fostering and adoption of the impact on health of smoking for themselves and those in their care

· promote access for applicants and carers to smoking cessation programmes

· warn applicants that smoking may impact on their approval or on the match to a child if they are approved

e) Further, the Council recommends that the Executive Member consider the following changes to the current policies:

· Placing social workers to include, in each family placement agreement, a commitment from the carers that they will not expose the children in their care to smoke

· Household Reviews of Foster Carers to cover the issue of smoking

· Regular joint campaigns with the PCT on the dangers of smoking

e) This Council notes that the Executive Member for Children and Families will consider, at her decision day in July, a report proposing a revised policy on smoking in foster care and adoption.

275

POST OFFICE CLOSURES

The Council considered the following Notice of Motion by Councillor Collett

submitted in accordance with Standing Order 17 and seconded by Councillor Broadhurst:

This Council condemns recent decisions of Post Office Ltd:

(i) to go ahead with the closure of a further 40 Post Offices across Hampshire;

(ii) to add Whitsbury Branch to the list of proposed closures in place of Goodworth Clatford; and

(iii) to consult on a further three closures in Aldershot and Farnborough.

This Council notes the decision of Essex County Council to enter into negotiations with Post Office Ltd in a bid to explore the possibility of the County Council running post offices previously earmarked for closure in Essex. It also notes that Post Office Ltd have agreed to a two-month period of negotiation with Essex County Council and that the 32 post offices earmarked for closure in Essex will remain open during that period.

Recognising:

(i) the resolution agreed at our Council meeting on 22nd November 2007 - to develop a strategy to do everything we prudently can do to save post offices in Hampshire, including the investigation of opportunities to provide County Council services through Post Offices in order to help keep them as viable as possible; and

(ii) the vital role that post offices play in both rural and urban communities in Hampshire;

this Council resolves to open discussions as a matter of urgency with Post Office Ltd with a view to exploring the feasibility of the County Council taking over the running of the 44 Hampshire post offices currently threatened with closure.

Councillor Perry, seconded by Councillor Mrs West proposed the following amendment:

In paragraph 1 after `This Council' add `whilst welcoming the proposed retention of the Goodworth Clatford Post Office' before the word `condemns .......'

Paragraph 1(i) - no change

Paragraph1(ii) - delete all words after `Whitsbury Branch'.

Paragraph 1(iii) - no change

In paragraph 2, add at the end of the paragraph the words `but is concerned that full financial information about the viability of existing Post Offices seems not to have been given to Essex County Council and that this Council's own requests under Freedom of Information Act for information about the viability of Hampshire Post Offices have not been answered.'

Paragraph 3(i) - no change

Paragraph 3(ii) - delete all words after `Hampshire' in line one;

Add new paragraph 3(iii) as follows: (recognising) `the support already offered by the County Council in the village shop initiative by making an additional £100,000 available in this financial year and acknowledging the support also offered to rural Post Offices by District Councils such as East Hampshire and Test Valley which, combined with the South East England Development Agency initiative makes almost £0.5million available to Hampshire Post Offices resolves

i) to continue to explore all prudent and sustainable means open to HCC to support financially viable Hampshire Post Offices that are threatened with closure or have been closed and where there is strong local demand for continued post office services

and

ii) reiterates it requests Post Office Ltd to make available full financial information that would enable the County Council to make an informed judgement of the viability of such Post Offices.'

The Leader reported his understanding of the position in relation to Essex County Council and its approach to the issue. The Leader was concerned that there would be very significant legal and financial issues which the County Council would need to take into account. It was of serious concern that the Post Office had failed to respond to Freedom of Information Act requests made by the County Council thus hindering attempts to establish the business case for the proposals, a key factor which would need understanding and detailed analysis. The Leader proposed, therefore, that an urgent meeting should be sought with the Chief Executive of the Post Office (to which Councillors Collett and Kelly were invited as Leaders of the other political groups in the County Council)and that a stay of execution for two months should be sought from the Post Office, as Essex County Council had achieved, so as to allow all the issues to be investigated and considered. The Leader also intended to meet with all Hampshire District Council Leaders to develop a strategy countywide. The availability of additional Local Authority Business Growth Funds from central government also meant that the County Council's village grants scheme could be extended to towns to give additional support. The Leader would report fully to the next meeting of the Council and proposed deferral of consideration of the matter until then. The Leader sought the views of the Council on his intended courses of action and, on being put to the vote, it was

RESOLVED:

That the matter be deferred for further consideration at the meeting of the Council on 15 May 2008 in the light of the Leader's plans.

276

HAMPSHIRE POLICE AUTHORITY

No questions had been received pursuant to Standing Order 20(d). The

Council received the report of the Authority.

277

HAMPSHIRE FIRE AND RESCUE AUTHORITY

No questions had been received pursuant to Standing Order 20(e). The

Council received the report of the Authority.

278

REPORTS FOR INFORMATION

The Council received the reports of the following:

Executive Member for Recreation and Heritage

Executive Member for Adult Social Care

Health Overview and Scrutiny Committee

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