Decisions

The Director of Public Health has given –
1. Leeds City Council (“the Authority”), in exercise of the powers conferred by regulation 4(1) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (“the No. 3 Regulations”), gives the following direction.
2. The Authority considers that the following conditions are met—
a. this direction responds to a serious and imminent threat to public health;
b. this direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the Authority’s area; and
c. the prohibitions, requirements or restrictions imposed by this direction are a proportionate means of achieving that purpose.
3. Before giving this Direction, the Authority has had regard to—
a. any advice given to it by its Acting Director of Public Health; and
b. the need to ensure that members of the public have access to essential public services and goods (including whether the individual premises forms part of essential infrastructure).
c. The Authority’s Public Sector Equality Duty under section 149 of the Equality Act 2010
4. The Authority has taken reasonable steps to give advance notice of this direction to the owner or any occupier of the premises or a person carrying on/managing a business from the premises to which the direction relates.
Authorisation was given on the 9th October to issue a direction to prohibit La La’s restaurant hosting wedding ceremonies/receptions or other celebratory gatherings, meaning that the restaurant would only be able to take bookings and accept parties of up to 6 persons or single household groups. This direction was issued in order to protect the Leeds population and the populations of surrounding Local Authorities from the significant Public health risk of COVID-19 and the spread of this highly infectious disease.

In accordance with the Regulations this decision was reviewed on the 16th October and again on the 22nd October when the direction notification was continued.
A further review has taken place and the decision taken:-
• that the direction notification issued on 9th October 2020 to La La’s restaurant shall remain in place and be subject to further review in accordance with the Regulations in 7 days due to at least one wedding taking place despite the direction to prevent them

a) The Director of Adults and Health approved the direct award of a 12-month contract in accordance with CPR 9.5 to Creative Support Ltd for extra care services at Hampton Crescent. This contract is to commence 1st November 2020 and is for a total value of £302,659.70 (subject to variation for uplifts as set out in the ‘Resource Implications’ section).

b) Officers on behalf of Adults and Health Integrated Commissioning and Procurement and Commercial Services will complete all of the actions necessary to ensure this contract is in place for the 1st November 2020.

The Chief Officer Civic Enterprise Leeds noted the contents of this report and approved the award of a contract to Greens (Decorating) Contractors Limited for painting and decorating services to occupied and unoccupied housing properties for the period of 1st December 2020 to 30th November 2021 with estimated expenditure of £600,000.

The Director of City Development has approved the statutory assessment undertaken by officers in relation to comments received from a period of public consultation, and has authorised officers to submit an application to the Secretary of State for the proposed amendments to the Byelaws.

The Chief Officer for Environmental Services:
noted the content of this report and (i) waived CPR 8 and approve the use of CPR 21 to vary the end date of the existing contract and (ii) approved the appointment of 3GS UK Limited for the issuing of Fixed Penalty Notices (FPN’s) in relation to the city centre environmental enforcement work for a period of 2 x 6 months from 01/12/2020. Details of net value of this contract are based on income and are considered exempt under access to information rules 10.4 (3) is provided at Appendix 2.

• The Director of Adults and Health notes the technical content of this report.
• The Director of Adults and Health approved the proposed temporary establishment of two AMHP posts in order to meet the unprecedented surge in demand for Mental Health Act assessments.
• The Director of Adults and Health approved establishing and recruiting to the two AMHP posts.

a) The Director of Resources and Housing approved the decision to formally accept the tender submitted on Wednesday 21st October 2020 by the consortium made up of Morgan Sindall Later Living (formerly known as Ashley House Ltd/Morgan Ashley LLP) and Home Group Ltd to build and manage 62 Extra Care individual apartments with communal facilities at Windlesford Green, in the Rothwell ward.
b) Noted that a development agreement with the consortia made up of Morgan Sindall Later Living (formerly Ashley House Ltd/Morgan Ashley LLP) and Home Group Ltd to build 62 extra care individual apartments with communal facilities at Windlesford Green, will be subsequently entered into subject to the necessary approvals.

This service is required to scale up in order to implement and deliver on prevention and outbreak management of the new COVID-19 Test and Trace programme announced by the Government on the 27th May 2020.

Due to the global Public Health emergency COVID-19 pandemic approval is sought to temporarily increase the capacity of the Education - Health and Safety function, within the Children and Families Directorate. The approximate cost for 1 12 month period is £382,872. This will be funded from the Test and Trace ring-fenced grant.

The funding will be transferred to the Children & Families Directorate based on actual costs on a quarterly basis

The plan to increase capacity consists of the following posts:-
• 1 fte qualified H&S Adviser, Environmental Health Officer or Public Health Practitioner to promote best Health and Safety practice and respond to Leeds Schools and FE College’s queries in order to prevent and manage the spread of COVID-19 (PO1/2). Approximate cost £45,278
• 1 fte administrator/co-ordinator role to manage an effective process to respond to schools in a timely and prioritised way, communicate and archive the guidance effectively, and triage enquiries (B3). Approximate cost £24,928
• 1 fte Qualified Occupational Health Adviser to support staff in educational settings who have individual risk factors, conduct risk assessments, and ensure staff can safely be in the workplace. Thus reducing transmission of COVID-19 and enabling nurseries, schools and Further Education settings to continue to operate safely (PO4). Approximate cost £53,254
To temporarily increase the capacity of the LCC Business Administration service by seconding
• I fte COVID Response administrator role (SO1) to Children and Family Services at SO1 to manage the collation and communication of the DCS alert Covid 19 notifications from educational establishments . Approximate cost £37,258
To temporarily second
• 3 fte Support and Prevention team members (SO1) and 1 fte Health and Wellbeing Adviser ( PO1) to undertake proactive audit work, infection prevention control session planning and social media work with Early Years, Schools and FE settings. Approximate cost £111,774
To temporarily second
• 1 fte COVID Champion post (PO1) and 1 fte administrator post (B3) from Leeds Learning for Life team to support and manage the process to enable Early Years settings to effectively manage COVID-19 incidents and outbreaks. Approximate cost £67,654
Where secondments are agreed for fixed terms, arrangements for backfilling will also be considered where necessary and appropriate. In addition all those tht are seconded for this purpose on a temporary basis will have the right to return to their substantive post
The Government has provided £300m to Local Authorities in England for the Test and Trace programme, Leeds has received a £4,141,249 non-recurrent ring-fenced grant. To increase the capacity to effectively manage COVID-19 in education settings as detailed above at a cost of approximately £382,872 per annum for 1 year. This will be achieved through LCC internal transfer process based on actual costs recharged on a quarterly basis in order to deliver this new vitally important service immediately.

The Director of Public Health has given –
1. Leeds City Council (“the Authority”), in exercise of the powers conferred by regulation 4(1) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (“the No. 3 Regulations”), gives the following direction.
2. The Authority considers that the following conditions are met—
a. this direction responds to a serious and imminent threat to public health;
b. this direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the Authority’s area; and
c. the prohibitions, requirements or restrictions imposed by this direction are a proportionate means of achieving that purpose.
3. Before giving this Direction, the Authority has had regard to—
a. any advice given to it by its Acting Director of Public Health; and
b. the need to ensure that members of the public have access to essential public services and goods (including whether the individual premises forms part of essential infrastructure).
c. The Authority’s Public Sector Equality Duty under section 149 of the Equality Act 2010
4. The Authority has taken reasonable steps to give advance notice of this direction to the owner or any occupier of the premises or a person carrying on/managing a business from the premises to which the direction relates.

The Chief Officer (Sustainable Energy and Air Quality) approved the commencement of an open tender procurement exercise to secure a contract for the installation, maintenance and data collection of electric meters for the Council. The new contract will start on 12th February 2021, and would run for 3 years, with the option to extend for a further 2 x two year periods, and has an estimated value of £470,000.

The Deputy Director Children and Families approved the decision to receive income to the value of £280,000 from NHS Leeds CCG to implement enhanced mental health support into the newly expanded Family, Drug and Alcohol Court service (FDAC) 2020/21 – 2023/24.

The Director of Children & Families agreed to:
a) Note the negotuations held with Solicitors acting on behealf of the Governing Body of Mill Field Primary School to Whitrerose Academies Trust and
b) Give authority for the Commerical Transfer Agreement between Leeds City Council, the Governibg Body of Mill Field Primary School and Whiterose Academies Trust to be executed and completed to enable Mill Field Primary to open as an academy on 1st Decemeber 2020 or such later date advised by the DfE.

The Chief Officer (Highways & Transportation)
i) approved advertisement under Section 228 of the Highways Act 1980 and the subsequent adoption of Braine Road as a publicly owned asset subject to no valid objections being received;

ii) agreed the injection of £35,000 into the Highway Maintenance Capital Programme to be fully funded by the private owners of the street via monies contributed from Wetherby Town Council; and

iii) gave authority to incur expenditure for the adoption and reconstruction of Braine Road at a total cost of £35,000.

The Chief Officer Customer Access and Welfare authorised £100,000 of Customer Access and Welfare funding.

The Chief Officer Customer Access and Welfare agreed payments of £50,000 from the 2020/21 Social Inclusion Fund and £50,000 from the Leeds Welfare Support Scheme to Leeds Community Foundation.

It is noted that the funding is allocated to LCF with the acknowledgement that due to the ongoing Coronavirus pandemic throughout the UK, the Healthy Holidays programme may need to be delivered in a different way than seen in previous years, in order to adhere to the changing advice, guidance and recommendations of National Government.

The Director, Children & Families agreed the recommendation of a report relating to the placement of a child/young person. The individual costs of the place are £337,364.29.
It is considered in the public interest that information contained in the report is exempt from publication as it relates to a vulnerable child or young person of the City and the actions being taken to enable that person to live in a safe environment.

The Director of Resources and Housing:
1. Authorised the required expenditure to enable the programme to progress the property acquisitions detailed in Confidential Appendix A. These acquisitions to be funded from the Council Housing Growth Programme budget, via a combination of Housing Revenue Account (HRA) borrowing and Right to Buy receipts.
2. Noted that Executive Board granted Authority to Spend for the programme on 24th July 2019.
3. Noted that a report is being submitted in parallel to the Director of City Development to request approval to acquire the properties for Housing & Resources so that they can be returned to Council Housing Stock.

The Director, Children & Families agreed the recommendation of a report relating to the placement of a child/young person. The individual costs of the place are £432,055.71
It is considered in the public interest that information contained in the report is exempt from publication as it relates to a vulnerable child or young person of the City and the actions being taken to enable that person to live in a safe environment.

The Head of Early Help Services agreed to publish the attached record of decisions made in August – September 2020.

The Chief Officer Asset Management and Regeneration has approved that the council enter into arrangements in accordance with the details as set out in the confidential appendix that accompanies this report.

The Chief Officer, Asset Management and Regeneration has approved the terms agreed for the grant of a sub-lease of the subject unit.

The Head of Land & Property has approved a variation to the lease of Flat 21, Wharfedale View on the terms detailed in the attached confidential appendix.

The Director of Public Health has given –
1. Leeds City Council (“the Authority”), in exercise of the powers conferred by regulation 4(1) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (“the No. 3 Regulations”), gives the following direction.
2. The Authority considers that the following conditions are met—
a. this direction responds to a serious and imminent threat to public health;
b. this direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the Authority’s area; and
c. the prohibitions, requirements or restrictions imposed by this direction are a proportionate means of achieving that purpose.
3. Before giving this Direction, the Authority has had regard to—
a. any advice given to it by its Acting Director of Public Health; and
b. the need to ensure that members of the public have access to essential public services and goods (including whether the individual premises forms part of essential infrastructure).
c. The Authority’s Public Sector Equality Duty under section 149 of the Equality Act 2010
4. The Authority has taken reasonable steps to give advance notice of this direction to the owner or any occupier of the premises or a person carrying on/managing a business from the premises to which the direction relates.
Authorisation was given on the 9th October to issue a direction to prohibit both venues hosting wedding ceremonies/receptions or other celebratory gatherings, meaning that the restaurants would only be able to take bookings and accept parties of up to 6 persons or single household groups. This direction was issued in order to protect the Leeds population and the populations of surrounding Local Authorities from the significant Public health risk of COVID-19 and the spread of this highly infectious disease.

In accordance with the Regulations this decision was reviewed on the 16th October and the direction notification was continued for both restaurants
A further review has taken place and the decisions taken are:-
• that the direction notification issued on 9th October 2020 to La La’s restaurant shall remain in place and be subject to further review in accordance with the Regulations in 7 days due to no communication being received and stong evidence at least one wedding has taken place despite the direction to prevent them
• that the direction notification issued on the 9th October 2020 to Mumtaz restaurant shall be revoked due to the co-operation and changes made to improve safety and regulation compliance regarding holding wedding receptions

The Head of Land

The Director of Children & Families agreed the contents of a business case in respect of a child or young person with complex needs.
Placement in the Authority’s own SILC Provision, Partnership Settings and Mainstream School Settings has been considered and explored. In addition, other independent settings have been explored. Following consultation, none of these provisions are able to meet the needs of the young person thus requiring the local authority to seek provision elsewhere. The authority has a statutory duty to make provision for this child who has an Education Health and Care Plan.
The cost of this placement is approximately £222,409 per annum

It is considered in the public interest that information contained in the business case is exempt from publication as it relates to a vulnerable child or young person within the city and the actions taken are to enable that person to receive their statutory entitlement to a minimum of 25 hours education.

The Chief Officer (Highways and Transportation) approved the extension of the Yorkshire Highway Alliance Road Markings Contract 2018 for 24 months to
27th November 2022 in accordance with its terms and conditions.

The City Solicitor, in her role as Monitoring Officer, has approved an amendment to the Monitoring Officer Protocol as set out at Appendix A attached.

The Director of City Development agreed to sign:

? the New Briggate Heritage Action Zone Cultural Programme pilot scheme grant agreement;

? the New Briggate Heritage Action Zone Cultural Programme grant agreement;

and enter into a contract with Historic England to deliver the outputs of the Cultural Programme required as a result of the the Council entering into contract with Historic England for the overarching HAZ programme which was agreed by the Director of City Development on 12th May 2020.

The Deputy Director, Children & Families agreed the recommendation of a report relating to the placement of a child/young person. The individual costs of the place are £186,410.71.
It is considered in the public interest that information contained in the report is exempt from publication as it relates to a vulnerable child or young person of the City and the actions being taken to enable that person to live in a safe environment.

The Director of Public Health has given –
1. Leeds City Council (“the Authority”), in exercise of the powers conferred by regulation 4(1) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (“the No. 3 Regulations”), gives the following direction.
2. The Authority considers that the following conditions are met—
a. this direction responds to a serious and imminent threat to public health;
b. this direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the Authority’s area; and
c. the prohibitions, requirements or restrictions imposed by this direction are a proportionate means of achieving that purpose.
3. Before giving this Direction, the Authority has had regard to—
a. any advice given to it by its Acting Director of Public Health; and
b. the need to ensure that members of the public have access to essential public services and goods (including whether the individual premises forms part of essential infrastructure).
c. The Authority’s Public Sector Equality Duty under section 149 of the Equality Act 2010
4. The Authority has taken reasonable steps to give advance notice of this direction to the owner or any occupier of the premises or a person carrying on/managing a business from the premises to which the direction relates.
Authorisation was given on the 14th October to issue a Direction to commence 00:01 hours 15th October 2020 to restrict the opening hours of Taag Leeds to prohibit the premises opening to the public between the hours of 18.00 hours and 07.00 hours except for staff members,(including Arian Taaghobi, Azam Omidvari) and any persons employed to carry out any emergency work in the premises as well as any members of the emergency services and to restrict entry to the Premises of any persons who enter for the purpose of a celebratory gathering, meaning that the tapas bar/restaurant would only be able to take bookings and accept parties from single household groups (including support bubbles) in accordance with current Coronavirus legislation.
In accordance with the Regulations this decision has been reviewed and the decision taken that the direction notification issued on 14th October 2020 shall remain in place and be subject to further review in 7 days accordance with the Regulations.

a) The Chief Officer Communities approved:
b) The creation of nine new posts within Migration Yorkshire
c) Recruitment of posts as outlined in the report.

The Head of Service for One Adoption West Yorkshire agreed to waive CPRs 8.1 and 8.2 (intermediate value procurement) and award a seven month contract direct to Coram-i to support the development of the National Adoption Recruitment Strategy through engagement and coproduction with adopters. The contract will start on 01/09/2020 and run until 31/03/2021, with the option to extend by a further 12 months. The maximum value of this decision is £45,000.

The Deputy Director, Children & Families agreed the recommendation of a report relating to the placement of a child/young person. The individual costs of the place are £221,607.14
It is considered in the public interest that information contained in the report is exempt from publication as it relates to a vulnerable child or young person of the City and the actions being taken to enable that person to live in a safe environment.

The Director of Public Health has given –

1. Leeds City Council (“the Authority”), in exercise of the powers conferred by regulation 4(1) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (“the No. 3 Regulations”), gives the following direction.

2. The Authority considers that the following conditions are met—

a. this direction responds to a serious and imminent threat to public health;

b. this direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the Authority’s area; and

c. the prohibitions, requirements or restrictions imposed by this direction are a proportionate means of achieving that purpose.

3. Before giving this Direction, the Authority has had regard to—

a. any advice given to it by its Acting Director of Public Health; and

b. the need to ensure that members of the public have access to essential public services and goods (including whether the individual premises forms part of essential infrastructure).

c. The Authority’s Public Sector Equality Duty under section 149 of the Equality Act 2010

4. The Authority has taken reasonable steps to give advance notice of this direction to the owner or any occupier of the premises or a person carrying on/managing a business from the premises to which the direction relates.

Authorisation was given on the 9th October to issue a direction to prohibit both venues hosting wedding ceremonies/receptions or other celebratory gatherings, meaning that the restaurants would only be able to take bookings and accept parties of up to 6 persons or single household groups. This direction was issued in order to protect the Leeds population and the populations of surrounding Local Authorities from the significant Public health risk of COVID-19 and the spread of this highly infectious disease.

In accordance with the Regulations this decision has been reviewed and the decision taken that the direction notification issued on 9th October 2020 shall remain in place and be subject to further review in accordance with the Regulations.

A brief statement of the reasons for the decision

Legal -
The Regulations give the power to the local authority to issue a Direction if the authority considers that the following conditions are met -

a) that giving such a direction responds to a serious and imminent threat to public health,

b) that the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority's area, and

c) that the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.

Authorisation was given on the 9th October to issue a direction to prohibit both venues hosting wedding ceremonies/receptions or other celebratory gatherings, meaning that the restaurants would only be able to take bookings and accept parties of up to 6 persons or single household groups.

La La’s restaurant, 501 Leeds and Bradford Road, Pudsey, Leeds LS28 8EE and Mumtaz restaurant, 1 & 2 Mackenzie House, Chadwick Street, Leeds, LS10 1PJ must implement restricted entry to the Premises of any persons who enter for the purpose of a wedding ceremony/reception or celebratory gathering in order to protect the Leeds population and populations of surrounding Local Authorities from the significant Public Health risk of COVID-19 and the spread of this highly infectious disease
This direction was issued in order to protect the Leeds population and the populations of surrounding Local Authorities from the significant Public health risk of COVID-19 and the spread of this highly infectious disease.

In accordance with the Regulations this decision has been reviewed and the decision taken that the direction notification issued on 9th October 2020 shall remain in place and be subject to further review in accordance with the Regulations.

The Authority considers that the following conditions required under the Regulations are met—

1: This direction responds to a serious and imminent threat to public health;

The infection rate of COVID-19 across Leeds has continued to rise over the last few weeks, our 7 day infection rate is now 387 per 100,000, in addition Leeds is now in tier 2 (High) of the Governments 3 tier COVID-19 restrictions therefore it is essential ensure all measures are in place to protect the public’s health.

Furthermore there continues to be an upward trend across Leeds and the whole of Yorkshire and Humber. We continue to see widespread community transmission across Leeds.

Events of this nature are likely to lead to more people congregating within a specific area. This will increase the likelihood of people from different households coming into closer proximity with each other, increasing the risk of transmission of COVID-19 and worsening the local situation.

2: This direction is necessary for the purpose of preventing, protecting against controlling or providing a public health response to the incidence or spread of infection by coronavirus in the Authority’s area;

The data demonstrates clear evidence of ongoing and heightened transmission of COVID-19 across Leeds. Allowing premises to host wedding ceremonies/receptions or any other celebratory events with parties above 6 or from a single household to take place that would lead to large numbers of people congregating together and represents a threat to ongoing measures to contain the virus and limit its transmission. Such a threat is mitigated by the premises adhering strictly to the restrictions set out in Regulations and Guidance. Information received from West Yorkshire Police and Leeds City Council enforcement officers indicate these premises are not adhering strictly enough to the restrictions and so not mitigating the threat.

There are a high number of situations across different settings affecting schools, workplaces and care homes. All wards now have a rate of over a 100 per 100 000. Leeds is currently in tier 2 (high) restrictions to minimise spread and harm.

3: The prohibitions, requirements or restrictions imposed by this direction are a proportionate means of achieving that purpose;

Holding the weddings or similar events poses an additional, unnecessary risk to the local spread of infection in a context of rising infection rates across Leeds and the prevention of the event is the only and proportionate response to the current situation. The restrictions on these two premises may have a disproportionate affect on the Asian community but this has been mitigated by the availability of other premises who are not restricted in this way and that these two premises can still operate in a limited way.

The Public Sector Equality duty means we have to consider how decisions affect people who are protected under the Equality Act. Decisions can be made that may be seen as having a negative impact as long as mitigation has been considered. In this case the mitigation is that the Health Protection Regulations have been put in place to protect lives. If this decision was challenged the mitigation in this case is that the protection of lives would be seen as a priority over any potential challenges of discrimination or disadvantage.

The Deputy Director, Children & Families agreed the recommendation of a report relating to the placement of a child/young person. The individual costs of the place are £189,800.00.
It is considered in the public interest that information contained in the report is exempt from publication as it relates to a vulnerable child or young person of the City and the actions being taken to enable that person to live in a safe environment.

The Deputy Director, Children & Families agreed the recommendation of a report relating to the placement of a child/young person. The individual costs of the place are £203,096.43.
It is considered in the public interest that information contained in the report is exempt from publication as it relates to a vulnerable child or young person of the City and the actions being taken to enable that person to live in a safe environment.

The Deputy Director, Children & Families agreed the recommendation of a report relating to the placement of a child/young person. The individual costs of the place are £198,142.86.
It is considered in the public interest that information contained in the report is exempt from publication as it relates to a vulnerable child or young person of the City and the actions being taken to enable that person to live in a safe environment.

The Deputy Director, Children & Families agreed the recommendation of a report relating to the placement of a child/young person. The individual costs of the place are £169,977.37.
It is considered in the public interest that information contained in the report is exempt from publication as it relates to a vulnerable child or young person of the City and the actions being taken to enable that person to live in a safe environment.

The Deputy Director, Children & Families agreed the recommendation of a report relating to the placement of a child/young person. The individual costs of the place are £193,971.43.
It is considered in the public interest that information contained in the report is exempt from publication as it relates to a vulnerable child or young person of the City and the actions being taken to enable that person to live in a safe environment.

Non charging of childcare fees during Covid- 19 pandemic.

The Director of City Development has approved officers undertaking a consultation, a regulatory assessment and seeking of the approval of the Secretary of State to the proposed amendments to the Byelaws in order that a report can be taken to the General Purposes Committee and subsequently to Full Council.