Agenda item no._______4_______ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 21 November 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr E Seward (Chairman) Mrs A Claussen-Reynolds Ms V Gay Mrs A Green Mr P W Moore Mr R Price Mr R Shepherd Mr N Smith Mr R Smith Mr D Young Officers in Attendance: The Chief Executive, the Corporate Director, the Head of Finance, the Health Improvement Officer , the Head of Organisational Development, the Sports and Leisure Services Manager and the Scrutiny Officer. Members in Attendance: Mr T FitzPatrick, Mr P W High, Mr K Johnson, Mr J Lee, Mrs B McGoun, Mrs A Moore, Mr W Northam, Mr R Oliver, Mrs A Sweeney, Ms V Uprichard and Mr J Wyatt Democratic Services Officer (ITV) CHAIRMAN’S ANNOUNCEMENTS The Chairman informed Members that Mrs Alison Argent, Democratic Services Officer, was absent through a family bereavement. Members asked that their sympathies be conveyed to Mrs Argent. The Chairman also reported on Mr B Smith’s absence through ill health. It was agreed that the Committee’s best wishes be sent to Mr Smith. Finally the Chairman referred to an e-mail message which had been circulated following Mr Perry-Warnes’ notification of his decision to relinquish Chairmanship of the Council for health reasons. Members were sorry to hear this news and passed on their best wishes to Mr Perry-Warnes. 87 APOLOGIES FOR ABSENCE Mr J Perry-Warnes, Mr R Reynolds, Mr B Smith and Mr P Terrington.. 88 SUBSTITUTES Mr R Price for Mr R Reynolds, Mr R Shepherd for Mr J Perry-Warnes and Mr D Young for Mr P Terrington. Overview and Scrutiny Committee 21 November 2012 89 PUBLIC QUESTIONS None received. 90 MINUTES On Minute No 84 – Review of Outside Bodies - Mrs A Claussen-Reynolds pointed out that her remark in (a) that none of the outside bodies (apart from NHOSC) was reported to Council would more accurately refer to not many outside bodies. Members agreed and, subject to that amendment, the minutes of the meeting of the Overview and Scrutiny Committee held on 23 October 2012 were approved as a correct record and signed by the Chairman. 91 ITEM OF URGENT BUSINESS Call-in: Cabinet: 12 November 2012: Item 15: North Walsham Dual Use Sports Centre A call-in had been received from Mr P Moore in accordance with the Council’s Constitution in respect of the Cabinet’s decision on the management of the North Walsham DUSC. To comply with the constitutional requirement to deal with the call-in as expeditiously as possible, the Chairman had agreed to take the matter as an item of urgent business at this meeting. The Chief Executive summarised the advice of the Monitoring Officer on this point. The Leader queried whether the call-in was valid as he felt that it challenged the decisions of Cabinet rather than the process to reach those decisions. The Chairman responded that the Monitoring Officer had confirmed that the call-in was valid and that it was appropriate to call-in a Cabinet decision. A note of the Cabinet decision, together with a summary of the grounds of Mr Moore’s call-in, had been circulated to Committee Members. Mr Moore explained why he had called in the decision with the aid of a longer written statement tabled at the meeting. The resolution of the Cabinet was as follows: 1) That officers are authorised to negotiate and conclude variations to the Dual Use Agreement with North Walsham High School to ensure that: a) The Council pays the school only for the additional costs incurred in having the school buildings open for community use. b) The Council assumes overall responsibility for setting all fees and charges relating to the Dual Use Centre, in consultation with the Voluntary Management Committee 2) That, should it be necessary to serve notice to vary the existing agreement or enter into a new agreement to be implemented by 1 April 2013 officers, with the agreement of the relevant portfolio members, are authorised to serve the required notice on the school to end the current Dual Use Agreement. 3) That officers are authorised to work with the Voluntary Management Committee to improve local Management of the Dual Use Centre, including the setting up of a Community Sports Trust if this is feasible. 4) That improvements to the facilities, such as the provision of a Multi-Use Games Area at the Dual Use Centre, are explored further with the school. 5) That officers are authorised to negotiate and conclude variations to the Dual Use Agreements with Cromer Academy and Stalham High School as per recommendation (1) above. Overview and Scrutiny Committee 21 November 2012 Mr Moore sought equality of treatment across all such centres by committing the Council to negotiate simultaneously with the Cromer and Stalham facilities with a view to a comprehensive package of revised costs and prices being brought forward for consideration. He felt that the proposal was not clear as to how funding for the North Walsham facility would continue; that the recommendation potentially harmed the Council’s negotiations with North Walsham High School on future rents and that, in the absence of discussion with the High School thus far, a more conciliatory approach, setting out options on future rents, needed to be taken. In his view, the proposed course provided insufficient clarity on the setting of fees and charges, omitting reference to any mechanism for dealing with disputes and disagreements with the Voluntary Management Committee. Mr Moore proposed that the matter be referred back to Cabinet with a request that a) All three DUSCs are reviewed simultaneously, so that a comprehensive total package of revised costs and prices can be brought forward for consideration as part of the Council’s budget setting process. Part (5) of the resolution should state that negotiations and variations to the dual use agreements with Cromer Academy and Stalham High School will be conducted simultaneously with those relating to North Walsham High School. b) Part (2) of the resolution should be amended to read: “That the Council enters into negotiations with the School(s) with a view to securing a new or varied Agreement(s); that officers should be authorised to vary the Agreement(s) or if necessary negotiate a new Agreement(s); if the officers are not successful, the matter will be referred back to Cabinet for resolution.” c) It would be inappropriate for Cabinet to finalise its position regarding the future finances of the DUSC(s) unless and until accurate financial data is provided. The proposal was seconded by Ms Gay, who commented that the matter had suffered from confusion and undue confidentiality. The final part of Mr Moore’s proposal was based on the premise that three different figures were in use. Following a question from the Chief Executive, when it became became apparent that the figures being queried comprised an initial budget figure plus projections for the next two years, Mr Moore agreed, with the consent of his seconder, to withdraw part (d) above from his proposal. Mr Lee wondered how this call-in had come about, as the way in which Cabinet had reached its decision was not being called into question. Furthermore, the questions asked by Mr Moore had been dealt with by Cabinet and previously at Council and elsewhere. The Cabinet was not picking on North Walsham – all three agreements were different. The North Walsham agreement had not been looked at since 1986, since when the Council had effectively been subsidising the school. The report to Cabinet had been perfectly clear on finances and on officer support to the facility. Consultation with the Voluntary Management Committee had taken place and the Council would continue to work with that body. Ms Uprichard stated that a petition signed by over a thousand North Walsham residents was being presented, expressing opposition to the Council’s proposal to withdraw funding and transfer management of the Dual Use facility. Mr Johnson pointed out that this was now outdated, negotiations having moved on since the signatures had been collected. Following discussion on the issue and service of notice, Mr Oliver commented that Overview and Scrutiny Committee 21 November 2012 failure to take account of these matters in the formal agreement would mean that there would be no incentive for the school to renegotiate. This was a professional approach with the aim of achieving the best value for money for the local taxpayer. Mr Johnson informed the meeting that he had been to the North Walsham Town Council last week, when there had been no dissention to what was being proposed by Cabinet. On being put to the Committee initially, the proposal, as amended, received 5 votes in favour and 5 against and the motion was carried on the Chairman’s casting vote. RESOLVED That the decision of Cabinet be referred back in accordance with (a) and, (b) above. 92 DECLARATIONS OF INTEREST Mrs A Claussen-Reynolds declared a personal interest in Agenda Item 15 – Presentation: East of England Ambulance Service Trust – as the Council’s representative on the Norfolk Health Overview and Scrutiny Committee. 93 PETITIONS FROM MEMBERS OF THE PUBLIC A petition initiated by the North Walsham Sports Centre and bearing 1023 signatures was handed in by Ms V Uprichard. Minute No 91 above refers. 94 CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. 95 RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS None received. 96 THE FORWARD PLAN AND DEMOCRATIC SERVICES WORK PROGRAMME Noted. 97 BUDGET MONITORING REPORT 2012/13 – PERIOD 6 Mr W Northam, portfolio holder, presented the report, drawing attention to the forecast underspend of £23,552 on the revenue account. The Chairman commented on the General Fund Capital Programme, where actual expenditure fell well short of the updated budget. This appeared to be a regular feature and was presumably a situation which had to be accepted due to commitments and projects yet to come to fruition. In reply to a query from Ms Gay, the Head of Finance clarified the outlined savings/additional income shown for court costs by pointing out that the word “recovered” had been omitted from the relevant column at Appendix G of the report. Overview and Scrutiny Committee 21 November 2012 Mr R Smith drew Members’ attention to a service variance in Development Management (page 63 of the report) where a shortfall had occurred in the projected budget for planning income. The report was noted. 98 PERFORMANCE MANAGEMENT - DELIVERY OF ANNUAL ACTION PLAN 2012/13 QUARTER 2 The Head of Organisational Development presented the report. The Chairman pointed out that the interim report on The Big Society Fund would now be considered at the December meeting of the Committee. In reply to a question from the Chairman on the Business Manager appointment for Democratic Services, the Chief Executive said that the initial response had prompted another look at the structuring of the post. Ms Gay enquired as to progress on Cabinet consideration of the proposed business plan for the new Destination Management Organisation for the North Norfolk coast and countryside. Mr K Johnson confirmed that this was on schedule for a Cabinet decision at the December meeting. The Chairman asked whether there was anything further to report on the development of the key site at North Walsham referred to in paragraph 2.23 of the report to Cabinet and where £2.4m had been secured from the Local Economic Partnership (LEP) Growing Places Fund for infrastructure investment. The Chief Executive stated that officers from the LEP were happy with progress, although slightly behind the original timetable. A further meeting of the LEP was to take place on the following day and Members were reassured that the funding remained secure. In noting that 4 out of 5 major planning applications had been determined outside the thirteen week target in the second quarter (paragraph 2.36 of the Cabinet report), the Chairman assumed that the fifth application had been that for the Waitrose development at North Walsham. Things were moving quickly on this project, which was good news for the town. Mr P Moore, in moving the recommendation, made the point that, although the proposed annual reporting on the rate of take up of new designated employment land was sensible, this or indeed any other frequency of reporting would not increase take up. The motion was seconded by Mrs A Green. RESOLVED (a) That the report be accepted. (b) That the rate of take up of new designated employment land (indicator J 005) be reported annually instead of quarterly as originally agreed at Cabinet in May 2012. The meeting was adjourned at 11.05am and reconvened at 11.25am. Overview and Scrutiny Committee 21 November 2012 99 SHARED SERVICES Deferred. 100 OVERVIEW AND SCRUTINY UPDATE Noted. The meeting was adjourned at 10.40am and reconvened at 11.10am. 101 PRESENTATION – EASTOF ENGLAND AMBULANCE SERVICE TRUST The Chairman introduced Paul Leaman – Assistant Director, Chris Hartley – Assistant Director and Teresa Church – General Manager, in attendance to make a presentation on the background, services and challenges facing the East of England Ambulance Service NHS Trust. The presentation took account of questions forwarded to the Trust prior to the meeting. Mr Leaman, in commencing the presentation, welcomed the opportunity to share the challenges and issues facing the Trust and to discuss how the service could be moved forward in the quest for improved patient care. The Trust served nearly 6 million people in six counties in the East, comprising a diverse mix of urban and rural areas. Some 4,000 staff and 2,000 volunteers, whose activities were managed by three control rooms, worked towards the achievement of a regional target. Mr Leaman explained that 80% of the Trust’s work revolved around the Emergency 999 service. The challenges ahead were to deal with an increasing level of 999 calls, to save £50m over 5 years and to seek continual improvement in quality of service provision, all within the wider changes being implemented in the National Health Service. The Chairman sought clarification on when this programme of efficiency savings had begun. Mr Leaman informed the meeting that the process had commenced in April 2010 and that the savings were required to be made by the NHS commissioning authorities. Mr Hartley informed the meeting that the Trust had been set a cost improvement target of £10.6m, out of a total budget of £227m. He agreed to supply more detailed figures for Members. A new service model was needed to replace the existing one, which was unsustainable. A more responsive service would be achievable through having the right resources, putting them where patients needed them and deploying resources in the most efficient way. This could mean, for example, identifying where patients could be handed over to local nursing teams or surgeries, rather than being taken to hospital and, where they were taken to hospital, ensuring that patients were seen by hospital staff in a timely manner, rather than kept waiting in ambulances. At the Chairman’s invitation, Mr David Russell, Vice-Chairman of the Norfolk Involvement Network (LINK) and lead on ambulance matters, asked a question regarding lost off road hours and whether these were contributing to waiting times at the Norfolk and Norwich Hospital. Mr Leaman replied that achieving the target time of 15 minutes for patients to be transferred from the ambulance on arrival and a further 15 minutes for preparation for the ambulance’s departure was a particular issue at the Norfolk and Norwich Hospital. Overview and Scrutiny Committee 21 November 2012 Anecdotal evidence of delays in getting patients into hospital attributed to the ambulance service showed these were often caused by deficiencies in the hospital’s processes; the ambulance service sympathised with this, often to the extent of crews actually assisting inside the hospital with duties beyond their remit, but this did adversely, and unfairly, affect their performance against targets. 166 hours had been lost at the hospital within the last week. A possible interim solution would be to provide another vehicle at the hospital into which the patient could be temporarily transferred, allowing the speedier release of ambulance and crew, but this would still involve the Trust’s resources. The hospital was working very hard to rectify the problem, which was not an issue to the same extent at any other hospital in the region. In reply to a question as to whether the Trust could charge the hospital, Mr Leaman said there was no mechanism for this and that commissioning was a matter for the PCT. Following a comment from Mr R Price on a suggestion that another consultant was being procured by the hospital, Mr Leaman agreed that a suitably trained person, not necessarily a consultant, could improve things considerably for patients. Mr W Northam had heard that problems were exacerbated by the referral of immigrant patients from the Peterborough area to Norwich rather than their local hospital. Mr Leaman explained that the two response targets for the most urgent 999 calls were to achieve a 75% response time of 8 minutes to emergencies determined as life threatening and a 95% response of 19 minutes to the next category. In 2008, the figures achieved were, respectively, 57.25% and 84.87%. Figures for 2010/11 were an 48.51% success rate for the 8 minute responses and 84.95% for the 19 minute target. More detailed figures by local area would be provided for Members. Mrs A Sweeney asked whether lives were being lost through waiting for a response to a 999 call, with particular reference to an example where a patient waited for 60 minutes. Mr Leaman said that any wait was too long and 8 minutes was a challenge. He referred to the availability, in life threatening circumstances, of an excellent Air Ambulance, run by a charitable body, with whom the ambulance service had a very good relationship. For clarification, he mentioned that there were 4 other categories of response and, in certain circumstances, a 60 minute wait would be within target. He would be happy to look into an individual case on request. Mr Leaman confirmed that 999 calls were increasing year on year, partly because people were living longer, with a greater dependency on the health service, partly through misuse and to a degree because of the decision of general practitioners to decline an out of hours service. There was scope for some reduction in demand through a preventative approach, such as that adopted by the Fire Service, where basic safety measures introduced in the home had been very effective in reducing demand. The use of the new 111 number would also help, as well as further measures to educate the public. On the last point, Mr Hartley stressed that the service needed to be better at setting out what it did and how it was funded, to prioritise different patients and do more to explain this. Mrs A Claussen-Reynolds agreed that an approach that included educating the public was necessary, recalling an experience, on a shift with an ambulance crew as a Member of the Norfolk Health and Overview Scrutiny Committee. This had involved a physically impossible response time to reach a patient in the care of the Police, which could have been handled differently. Mr R Shepherd, speaking as a former Police driver, felt that an 8 minute response time was generally impractical and could, depending upon conditions and time of day, be dangerous. He wondered to what extent stress affected staffing sickness levels. Mr Leaman confirmed that a very good employee assistance programme was available. Ms Church said that 25% of sickness absence Overview and Scrutiny Committee 21 November 2012 was due to stress and, until recently, would not have been recorded as such. Managers were now trained in stress assessment and picking up the signs early. In reply to a question on vacancy rates, Ms Church revealed that there were currently 62 technician and paramedic jobs available in Norfolk and Suffolk. Teresa Church outlined the changes taking place locally, referring to details of present and proposed cover at Cromer, Fakenham and North Walsham ambulance stations, as circulated. Following an anecdote from Mrs Claussen-Reynolds concerning the difficulties of an ambulance crew from Ipswich in travelling between Stiffkey and North Walsham, Ms Church , in agreeing to look into this incident, explained that once an ambulance had arrived in Norwich from Cromer, it could be re-routed to any emergency. An ambulance from Ipswich would not normally find itself in North Norfolk, but this showed how crews could become displaced. Mr R Oliver, thanking the representatives for an excellent presentation, said that the 999 response times were not good enough for the people of North Norfolk who, he hoped, were not losing out through preferential treatment in more urban areas in order to maximise target compliance. Mr Leaman assured Members that this was not the case. He mentioned more ways in which the local community could help improve the service in North Norfolk, for example through the appointment of more community first responders, or even through sponsorship. More local commissioning presented a greater opportunity to become involved. Mrs A Green referred to discussions at parish councils on the merits of acquiring a defibrillator and sought advice on this. Mr Leaman felt that the purchase of such a piece of equipment, at a cost of around a thousand pounds, was an excellent investment. The equipment was simple to use, cost effective and an asset to any community. Mrs Claussen-Reynolds asked how the service’s objective of a paperless office was progressing. Mr Leaman said that this was some way off, but would eventually lead to much easier maintenance and transfer of records. The Chairman mentioned recent publicity on a review of rural services. Mr Hartley explained that the terms of reference for a capacity review were currently being formulated and agreed to forward details to the Council as soon as they were available. Mr Leaman suggested that he and his colleagues come back, once the review was under way, to enlist the Council’s support. The Committee agreed with the Chairman’s suggestion that an update be considered at the meeting on18 December, in the light of the further financial and response time details promised and any more information on the capacity review. Members expressed their appreciation to Ms Church, Mr Hartley and Mr Leaman for a very helpful and candid presentation and the Chairman thanked the representatives for their attendance. The meeting concluded at 12.54pm. ____________________ Chairman Overview and Scrutiny Committee 21 November 2012