Agenda and minutes

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of the following parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information, as follows:

  No exempt items have been identified on this agenda.

Members were advised that legal advice may be sought which warranted the exclusion of the press and public under Access to Information Procedure Rule 10.4 (5), ‘Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings’. (Minute No. 27 refers)

RESOLVED – That the press and public be excluded from the meeting during the consideration of legal advice in accordance with Access to Information Procedure Rule 10.4 (5) ‘Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings’.

In accordance with her powers under Section 100B(4)(b) of the Local Government Act 1972, the Chair agreed to accept the following supplementary information:

-  Home to School Travel and Transport Guidance – Department of Education 2007  (Minute No. 27 refers)

-  Report of the Director of Children’s Services to Executive Board dated 15^th February 2013 – Permission to consult on proposals to redevelop the Children’s Services Transport Policy and Strategy.  (Minute No. 27 refers)

The above documents were not available at the time of agenda despatch, but were subsequently made available on the Council’s website.

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

In relation to agenda item 7 entitled, ‘Outcome of the transport consultation and proposed changes to the Children’s Services transport policy’, Mr E Britten drew the Board’s attention to his role as a representative of the Roman Catholic Diocese and also in his capacity as a Governor at a school in Leeds.  (Minute No. 27 refers)

Also in relation to agenda item 7 entitled, ‘Outcome of the transport consultation and proposed changes to the Children’s Services transport policy’, Ms J Ward drew the Board’s attention to her role as Governor at Corpus Christi School and a parent of children who attended a faith school.  (Minute No. 27 refers)

A further declaration was made at a later point in the meeting.  (Minute No. 27 refers)

Apologies for absence were submitted by Councillors C Gruen, A Sobel and B Urry and Co-opted Members, Ms A Craven, Mr A Graham and Ms T Kayani. 

Notification had been received that Councillor M Harland was to substitute for Councillor C Gruen, Councillor J Illingworth for Councillor A Sobel and Councillor J Lewis for Councillor B Urry.

To receive and consider a report from the Head of Scrutiny and Member Development advising the Scrutiny Board on the procedural aspects of calling in the decision.

The Head of Scrutiny and Member Development submitted a report in relation to the procedural aspects of the call in process.

Members were advised that the options available to the Scrutiny Board in respect of this particular called in decision were:

Option 1 – Release the decision for implementation – Having reviewed the decision, the Scrutiny Board (Children’s and Families) may decide to release it for implementation.  If the Scrutiny Board chooses this option, the decision will be immediately released for implementation and the decision may not be called in again.

Option 2 – Recommend that the decision be reconsidered – The Scrutiny

Board may decide to recommend to the decision maker that the decision be reconsidered. If the Scrutiny Board chooses this option a report will be submitted to the decision maker.

RESOLVED – That the report outlining the call in procedures be noted.

To receive and consider a report from the Head of Scrutiny and Member Development presenting background papers to an Executive Board decision which has been called-in in accordance with the Council’s Constitution in relation to the outcome of the transport consultation and proposed changes to the Children’s Services transport policy.

The Head of Scrutiny and Member Development submitted a report, together with relevant background papers, in relation to an Executive Board decision dated 17^th July 2013 in relation to ‘Outcome of the transport consultation and proposed changes to the children’s services transport policy’.

The decision had been called in for review by Councillors A Lamb,

B Anderson, D Cohen, P Wadsworth and G Latty on the following grounds:

‘We feel that the decision will limit the choices available to parents in relation to the education of their children. This decision will impact upon low to middle income parents who do not qualify for benefits and will struggle to pay full economic rate for services.  This is most relevant to families that have already made these choices who will face a cliff edge cut in two years’ time.  This decision could cause parents to struggle and fall into debt or cause parents to make the decision to disrupt the child’s education.  There appears to be a discrepancy in the new transport policy relating to children who attend a single sex school on the basis of their parent’s religion or belief who will continue to be funded past the date when all other faith funding has been removed.

We also believe that the decision was not taken in an open and clear way because the decision was taken to remove funding for discretionary home to school transportation before the consultation took place. The rationale for the decision is related to financial pressures to the authority, insufficient work has been done to identify what cost implications the decision will have on other areas of the budget.  Officers have not been able to provide assurances that the savings the decision is meant to make will be realised.  The consultation was misleading to the public as great detail was provided about the discretionary elements, very little detail was provided about statutory elements and the options available relating to them.

The consultation feedback to the Executive Board did not fully address the concerns and impacts raised during the consultation period.  The responses / mitigations were unclear as to which concerns they specifically related to and some specifically not addressed.

We are aware of the public request for scrutiny but given that this decision has already been taken by Executive Board and the fundamental flaws and concerns we have with that process we think this call-in is also a valuable part of the democratic process.  We believe that this call-in could have been avoided by the Executive Board by allowing scrutiny to undertake an inquiry and inform the decision thereby ensuring that we are making the best decision for the people of the city.  We believe that the Executive Board decision should be reversed to enable scrutiny to fully inform the decision – not inform a decision that has already been made.’

The Scrutiny Board considered the following written evidence:

-  Copy of completed Call-in request form

-  Report of the Director of Children’s Services to  ...  view the full minutes text for item 27.

In accordance with Scrutiny Board Procedure Rules, to consider the Board’s formal conclusions and recommendations arising from the consideration of the called-in decision.

The outcome of the vote by voting Members present was as follows:

Option 1 – 7 in favour

Option 2 – 6 in favour.

RESOLVED – Option 1 - To release the decision for implementation.

(The meeting concluded at 12.23pm.)