Agenda item

To consider a report from the Head of Democratic Services, which presents background information relating to an Executive Board decision that has been ‘called in’ in accordance with procedures set out within the Council’s Constitution.

The original decision was taken by the Executive Board on 19 June 2024 and relates to the Little Owls Nurseries Review.

This item considers the call in request form submitted with Cllr Ali as the lead signatory.

The meeting recommenced at 16:00

The Head of Democratic Services submitted a report that presented background papers to a key decision made by the Executive Board, which had been Call-In in accordance with the Council’s Constitution.

The decision had been called in for review by Councillors M Ali, L Cunningham, T Goodall, E Carlisle and P Stables.

The Scrutiny Board considered the following written information:

·  Copy of the completed Call-In request form

·  Copy of the report of the Director of Children and Families to Executive Board on the Review of the Little Owls Nurseries which included:

o  Appendix 1 – Engagement Sessions, Compendium of Comments/Queries/Questions

o  Appendix 2 – Comments, Queries into the Little Owls Review Mailbox

o  Appendix 3 ECDI Impact Assessment

o  Minutes Extract of Executive Board – 19^th June 2024

The following were in attendance:

-  Councillor Mothin Ali – Lead signatory

-  Councillor Helen Hayden – Executive Member for Children and Families

-  Julie Longworth – Director of Children and Families

-  Phil Evans – Chief Officer Transformation and Partnerships

-  Vicky Fuggles – Head of Early Help Services

-  Amanda Ashe – Children’s Centres and Early Help Lead

-  Rachael Davison – Change Manager

-  Nicole Walker – Head of Service – Legal

-  Kevin Shillitto - Section Head – Legal

Witness

-  Helen Fearns – Unison

Councillor Ali addressed the Scrutiny Board as the lead signatory to the call-in. He set out his reasons for requesting a call-in without reiterating those already discussed in relation to the first call-in, citing proportionality, Human Rights and key stakeholders not having been properly consulted. It was noted that the Chair had requested that information already received by the Board in relation to the consultation process was not discussed again. Therefore, Councillor Ali focused on the proportionality aspect of his call-in request. 

Councillor Ali highlighted his concerns which included:

·  This was a compassionate and people focused appeal to reconsider the decision as it impacted on those on the most deprived areas of the city.

·  The report had highlighted a small reduction of 12.5% in nursery provision by the Council. However, with the closure of 3 Little Owls Nurseries, 2 in close proximity, Gipton North and Kentmere, this was a large reduction in provision, in an area of high deprivation.

·  Reference was made in relation to Human Rights Article 28 of the UNCRC guarantees the right of every child to an education. However, it was noted that the Council has no responsibility to provide nursery provision, but to ensure that there is sufficient nursery provision. Councillor Ali said that in Kentmere the Little Owls  was the main provider of this type of service.

Councillor Ali requested that his witness, a Unison Representative address the Board to set out the concerns of the staff, which included:

·  The impact on the staff at the centres was of feeling vulnerable, unsettled and undervalued.

·  The staff were concerned about the uncertainty of their contracts, the sites that they would be working at and whether they would remain as Council employees or become part of a private provider.

·  The workforce in this area of work is predominantly female.

·  It was noted that it had been confirmed that there would be no compulsory redundancies. However, the uncertainty of the proposals was leading staff to look for other work, therefore, making retention of the workforce worse.

Councillor Ali explained that Gipton North and Kentmere were areas where many families do not own cars and therefore, use public transport. The closure of the sites in Gipton North and Kentmere is meaning that families are having to travel further to use the service at the merged sites adding time to the working day and making it a long day for children.

Councillor Ali asked the following questions:

-  Do the proposals disproportionally impact already deprived families?

-  Were interpreters used for those whose first language is not English?

-  Was support available to the families? 

Members questions and comments included:

·  It was the view that the recruitment drive and the lack of staff was due to the previous Conservative Government and the financial pressure placed on local authorities. There was recognition of the stress on staff and the reasons for them leaving their roles.

·  It was acknowledged that there was a bus service linking Gipton North and Seacroft. However, Councillor Ali has been advised by families that he had spoken to, the journey entailed a 13-minute walk to the nearest bus stop, or a bus into the town centre and back out again.

·  It was acknowledged that all Councillors receive a briefing on finances and overspend, and it was the duty of Council to consider all matters of spending and to retain a balanced budget.

·  Kentmere was the predominant provider of childcare in the area and the reduction in this provision in an area of deprivation would have a large impact on the community.

Councillor Hayden in her summing up included the following points:

·  The Council has a recruitment and retention policy and provides an apprenticeship programme. However, it is difficult to recruit to and retain staff in this service due to the stressful nature of the job.  Staff needed to be retained and for them to continue in this important role if the sites to be retained were to remain sustainable.

·  Little Owls were set up to help the vulnerable in our community and 82 out of 94 children would be attending other nurseries located near to those which were due to close.  Kentmere has other childcare provision close by and there was childcare provision within 1 mile of the Gipton North site.

·  Officers had talked to staff and explained the proposals, and it was important for them to know that they are valued and do a brilliant job, with parents saying how warm and welcoming the staff at Little Owls are and that is why the service is reported as outstanding.

·  Councillor Hayden clarified the duty of the Council in relation to United Nations Convention for Rights of Child  Article 28.

·  She praised all those who provided childcare provision in the city including carers, childminders and grandparents.

The Director of Children and Families in her summing up included:

·  Although this was being driven by finance fundamentals, the Council still has a duty to provide sufficient childcare and needed due regard to do this. The Council would be retaining 9 Little Owls settings, and this would be around children with additional needs, looked after children and vulnerable children in deprived areas.

·  It was understandable that the staff in these settings would feel unsettled, and a long decision-making process did not help. The Council has a duty of care for all its staff.

Councillor Ali was then invited to sum up and included:

·  This has been a long and detailed discussion, however there were still 12 settings under review, and this means an uncertain future to 12 of the Little Owls centres.

·  Parents are of the view that the decision making has been rushed and not properly considered. Parents are asking for full consultation to take place and there was a need to breakdown any language barriers.

It was clarified by the Legal Officer that the United Nations Convention for Rights of Child Article 28 did not apply to the decision as it does not include protection for early years provision and in any event does not have direct effect in the UK.