Agenda and draft minutes

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 against refusal of inspection of documents.

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, there was supplementary information in relation to Agenda Item 7. This was in reference to Appendix A (i) and presented an additional Call In Request Form which was receipted following the publication of the agenda, but before the end of the relevant Call In period.

To disclose or draw attention to any interests in accordance with Leeds City Council’s ‘Councillor Code of Conduct’.

No declaration of interests were made at the meeting.

To receive any apologies for absence and notification of substitutes.

Apologies were received from:

·  Cllr A Scopes (Cllr M Millar attended as substitute Member)

·  Cllr C Anderson (Cllr B Anderson attended as substitute Member)

·  Cllr E Bromley (Cllr E Thomson attended as substitute Member)

·  Cllr C Hart-Brooke (Cllr D Chapman attended as substitute Member)

Co-opted Members Jane Mischenko and Jonathan Phillips from Healthwatch Leeds also gave their apologies.

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 advising the Scrutiny Board on the procedural aspects of Calling In the decision.

Members were advised that the Call In was specific to the key decision in question, and issues outside of the decision, including other related decisions, were not to be considered as part of the Board’s decision regarding the outcome of the Call In.

Members were also 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.

It was noted that the decision of the Executive Board was subject to two valid Call In requests. The first from Cllr Finnigan as the lead signatory.

The second Call In request was from Cllr Golton as lead signatory.

Both requests would therefore be considered under Agenda Item 7, with the outcome being voted on after all representations had been made.

RESOLVED – That the report outlining the Call-In procedures be noted.

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 24 July 2024 and relates to Adults & Health – In House Care Homes Service Review: Knowle Manor and Dolphin Manor, post consultation recommendations report.

The Head of Democratic Services submitted a report that presented background papers to a key decision made by Executive Board in relation to Adults & Health – In House Care Homes Service Review: Knowle Manor and Dolphin Manor, post consultation recommendations report, which had been Called In in accordance with the Council’s Constitution.

The Scrutiny Board considered the following written information:

·  Copies of both completed Call In request forms from Councillors R Finnigan (Appendix A) and S Golton (Supplementary Information – Appendix A (i)).

·  The relevant report of the Director of Adults and Health to the Executive Board on 24^th July 2024 (Appendix B).

·  The relevant extract from the draft minutes of Executive Board held on 24^th July 2024 (Appendix C).

The following were in attendance:

• Councillor R Finnigan – Lead Signatory for First Call In Request
• Town Councillor Carol Edwards – Morley Town Council – Witness accompanying Councillor Finnigan in relation to the  First Call In Request
• Councillor S Golton – Lead Signatory for Second Call In Request
• Councillor S Arif – Executive Member for Adult Social Care, Active Lifestyles and Culture
• Caroline Baria – Director of Adults and Health
• Shona McFarlane – Deputy Director Social Work and Social Care Services
• Karla Gallon – Head of Service – Care Delivery
• Nikki Deol – Head of Service – Legal Services
• Kevin Shillito – Section Head - Legal Officer

The Chair firstly invited Cllr Finnigan to set out the grounds for his Call In request, which were focused on the specific element of the decision relating to Knowle Manor care home (referenced as resolution 21(a) within the Executive Board Minutes).

Cllr Finnigan opened his address to the Scrutiny Board by thanking the Board Members for the chance to present his case for Call In. He also thanked the Director of Adults and Health, Cllr Arif, as the Executive Member and also those who had supported his Call In Request.

Cllr Finnigan then raised the following key points:

·  The Kings Fund, a national organisation presented information in relation to discharge from hospitals. In 2022/23 they analysed that £1.9m is lost through delayed transfer from hospitals to appropriate care. As of February 2024, 13,662 people were subject to delayed release from hospital due to the lack of appropriate care being found. It was the view of the Kings Fund that this was a consequence of limited capacity in rehabilitation and other community-based facilities.

·  The Morley Borough Independents had led a campaign to keep Knowle Manor open. It was the view that there were alternatives that the building could be used for and over 2,000 people had signed a petition to keep Knowle Manor. The current residents at Knowle Manor were in their 80’s and 90’s and it was the suggestion that they remain there for the rest of their lives. The suggestion for this was linked back to an earlier review 10 years ago when Knowle Manor had been reviewed for closure.  At that stage it had been said that  ...  view the full minutes text for item 29.

To determine whether to release the decision for implementation or recommend to the decision-maker that the decision should be reconsidered.

The Scrutiny Board considered whether or not to release the decision for implementation.

The Chair suggested that the Board vote separately on the two distinct elements of the Executive Board decision:

1. With regard to Knowle Manor care home set out in Minute 21(a) of the draft minutes of Executive Board held on 24^th July 2024 – That the closure of Knowle Manor be approved, and that once closed, the building be declared surplus to service requirements.
2. With regard to Dolphin Manor care home set out in Minute 21(b) of the draft minutes of Executive Board held on 24^th July 2024 – That the repurposing of Dolphin Manor into a community care bed base (Recovery Hub), be approved.

Votes were subsequently held on both elements and the Scrutiny Board agreed (by majority decision) that both elements of the decision be released.

The Principal Scrutiny Adviser confirmed that the other corresponding elements of the Executive Board decision, as set out in Minute 21(c) and (d), would also be released for implementation.

RESOLVED – That the Executive Board decision, as set out in Minute 21(a), (b), (c) and (d), be released for implementation.

The next meeting of the Adults, Health and Active Lifestyles Scrutiny Board is scheduled for Tuesday, 10^th September 2024 at 1:30pm (pre-meeting for all Board Members at 1.00 pm)

RESOLVED – To note the next meeting of the Adults, Health and Active Lifestyles Scrutiny Board is scheduled for Tuesday, 10th September 2024 at 1:30pm (pre-meeting for all Board Members at 1.00 pm)

The meeting concluded at 12:55