Agenda and minutes

CO-OPTED MEMBERS (VOTING)

Mr A Graham - Church Representative (Church of England)

Ms J Ward – Parent Governor Representative (Secondary)

CO-OPTED MEMBERS (NON-VOTING)

Ms C Foote - Teacher Representative

To consider any appeals in accordance with Procedure Rule 25* of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded).

(* In accordance with Procedure Rule 25, notice of an appeal must be received in writing by the Head of Governance Services at least 24 hours before the meeting).

There were no appeals.

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.

There were no exempt items.

To identify items which have been admitted to the agenda by the Chair for consideration.

(The special circumstances shall be specified in the minutes.)

There were no formal late items. However, the following supplementary information in relation was published following agenda publication in relation to Agenda Item 7 (Minute 16 refers):

-  Statement re additional room requirements from David Gurney (Executive Head teacher at Cockburn School)

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.

There were no declarations of disclosable pecuniary interests.

To receive any apologies for absence and notification of substitutes.

Apologies were received from Councillors C Gruen and K Renshaw. Councillors J Heselwood and P Wray attended the meeting as substitutes.

Apologies were also received from Co-opted Members T Britten, E Holmes, D Reilly, H Bellamy and K Blacker.

To consider a report from the Head of Democratic Services advising the Scrutiny Board on the procedural aspects of Calling In the decision.

The Head of Democratic Services 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 as follows:

Option 1- Release the decision for implementation

Having reviewed this decision, the Scrutiny Board 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.

In the case of an Executive Board decision, the report of the Scrutiny Board will be prepared within three working days of the Scrutiny Board meeting and submitted to the Executive Board. Any report of the Scrutiny Board will be referred to the next Executive Board meeting for consideration.

In reconsidering the decision and associated Scrutiny Board report, the Executive Board may vary the decision or confirm its original decision. In either case, this will form the basis of the final decision and will not be subject to any further call in.

Failure to agree one of the above options

If the Scrutiny Board, for any reason, does not agree one of the above courses of action at this meeting, then Option 1 will be adopted by default, i.e. the decision will be released for implementation with no further recourse to call in.

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

To consider a report from the Head of Democratic Services presenting background papers to an Executive Board decision which has been called in in accordance with the Council’s Constitution. This relates to the Learning Places Design & Cost Report School Places Delivery September 2020.

The Head of Democratic Services submitted a report that presented background papers to an Executive Board decision which had been called in in accordance with the Council’s Constitution.

The decision had been called in for review by Councillors Ryan Stephenson, Wyn Kidger and Mark Dobson. 

The Scrutiny Board considered the following written information:

-  Call in request form – Friday 26^th June 2020

-  ‘Learning Places Design & Cost Report School Places Delivery September 2020’ Executive Board report and appendices, 24^th June 2020

-  Minute 177, Executive Board, 24^th June 2020

-  Statement re additional room requirements from David Gurney (Executive Head Teacher of Cockburn School)

The following were in attendance:

-  Councillor Jonathan Pryor, Executive Member for Learning, Skills and Employment

-  Councillor Fiona Venner, Executive Member for Children and Families

-  Sal Tariq, Director of Children and Families

-  Tim Pouncey, Chief Officer for Resources and Strategy

-  Viv Buckland, Head of Learning Systems, Children and Families

-  Jane Walne, Head of Projects and Programmes, Asset Management and Regeneration

-  Adele Robinson, Senior Project Manager, City Development

As the Nominated Lead Signatory to the Call In, Councillor Stephenson addressed the Board and initially clarified that the Call In was only in relation to resolutions 10(a), 10(b), 10(c) and 10 (e) of the Executive Board’s decision in terms of awarding £6,845,000 to Cockburn Multi-Academy Trust (MAT) for works associated with a 60 place bulge.

Councillor Stephenson proceeded in delivering a PowerPoint presentation to help set the context for why the decision had been Called In, which had primarily been based on concerns surrounding the funding allocation being disproportionate to the desired outcome and whether other options had been adequately explored.  As part of his presentation, Councillor Stephenson shared written evidence provided by Mr Matthew Spellman, Director at the Department for Education to questions relating to the Lawrence Calvert Academy as well as presenting other sources of information with regard to issues surrounding the proposals at Cockburn Academy; financial aspects, school place pressures; and the project timetable.

During his presentation, Councillor Stephenson also introduced Alan Shaw, the Chair of Friends of Middleton Park, as an external witness. Mr Shaw provided some historical context for the land to be transferred to Cockburn School to form new sports facilities, and informed the Board that parts of the land are currently utilised as access points to Middleton Park and surrounding areas by the local community which would no longer be available if transferred to Cockburn School. Mr Shaw also noted the Friends of Middleton Park had not been consulted on the proposals and would have valued an opportunity to comment prior to decision.

Members queried whether the access points set out by Mr Shaw, currently part of the former South Leeds Golf Course, are legally accessible to the public. It was confirmed that the land was transferred back to the Council in March 2020, and prior to that, the land was part of the South Leeds Golf Course and therefore private  ...  view the full minutes text for item 16.

To consider the Board’s formal conclusions and recommendations arising from the consideration of the called-in decision.

The Scrutiny Board considered whether or not to release the decision for implementation. A vote was subsequently held and the Scrutiny Board agreed (by majority decision) that the decision be released.

RESOLVED – That the decision be released for implementation.

Wednesday, 9^th September 2020 at 10.00 am (pre-meeting for all Board Members at 9.45 am)

Wednesday, 9th September 2020 at 10.00 am (pre-meeting for all Board Members at 9.45 am)