Meeting documents

95 WELCOME AND INTRODUCTIONS

The Chair welcomed everyone to the meeting.

96 EMERGENCY EVACUATION PROCEDURE

The Chair(person) drew attention to the emergency evacuation procedure as set out on the Agenda and the revised arrangements in the light of the failure of the alarm system.

97 DECLARATIONS OF INTEREST

There were no declarations of interest made.

98 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR(PERSON)

In accordance with Constitutional rule 4D 22 (Suspension of Rules), the Executive agreed to suspend Constitutional rule 4D 33 to allow teaching staff, as employees of the Authority to address the meeting under the Council's Public Speaking scheme.

99 QUESTIONS FROM PUBLIC AND COUNCILLORS

Councillor Sally Davis had submitted a question regarding traffic safety at the two-headed man junction on the A39. As Councillor Davis was not present at the meeting, it was noted that a response would be sent to her.

100 STATEMENTS, DEPUTATIONS OR PETITIONS FROM PUBLIC AND COUNCILLORS

Notice had been given before the meeting of 7 statements relating to the Swainswick school item. These are listed under that item (minute number 104 below refers). (Copies of the statements, when provided, have been placed on the Minute book.)

101 MINUTES: WEDNESDAY 3RD NOVEMBER 2004

RESOLVED that the minutes of the meeting held on Wednesday 3rd November 2004 be confirmed as a correct record and signed by the Chair(person), subject to two minor amendments, as set out below;

o Removal of the text in italics at the end of minute number 86 which made reference to a possible Special Executive meeting which is now not taking place;

o Minute number 88, 4^th paragraph to replace the word "ability" with the words "transport infrastructure capacity".

102 CONSIDERATION OF SINGLE MEMBER ITEMS NOW REQUISITIONED TO COUNCIL EXECUTIVE (Report 9).

There were no such items on this occasion.

103 A REVIEW OF PRIMARY SCHOOLS IN SOUTH & EAST BATH (Report 10).

Helen Woodley made a statement regarding the relocation of St John's Primary School on either of two playing field sites to the west and the east of St Martins Garden Primary school and suggesting, in addition, that allotments could be provided on the surplus part of St Martins land, if the land was not needed for school allocation. (A copy of the statement has been placed on the Minute book).

Councillor Jonathan Gay introduced this report by referring to the number of unfilled places in the area and running through the other options that had not been considered. Councillor Gay then outlined the situation with regard to the individual schools.

Rationale for the decision

The level of unfilled places is high. However, this is primarily within a single school and this school has made a major effort to use their buildings effectively whilst continuing to provide a high quality education for children. The Overview and Scruinty Panel recommendation to re-examine the provision in the area has considerable merit. When the St John's issue is resolved, the likely position in the area will be clearer.

Other Options Considered

The possibility of reducing either St Philip's or St Martin's Garden or both schools to 210 places was considered but rejected as, at present, this would result in there being an unacceptably low number of school places in the area.

On a motion from Councillor Jonathan Gay, seconded by Councillor Paul Crossley, it was

(1) To agree that the work of the Education, Youth, Culture & Leisure Overview & Scrutiny Panel has been valuable and they are to be commended for their efforts;

(2) That consideration be given to the Education, Youth, Culture & Leisure Overview & Scrutiny Panel recommendation that there be a re-examination of the area at a suitable time but that due regard be taken of the ongoing programme of area reviews and the need to ensure reasonable workloads for schools, Governors, officers, the Overview & Scrutiny Panel and the Executive;

(3) That the level of unfilled places in this area can be reduced by the use of buildings for other purposes and that no major changes to these schools are required at present.

104 SWAINSWICK COFE VC PRIMARY SCHOOL - THE OUTCOME OF FORMAL CONSULTATION (Report 11).

The following people made statements in support of Swainswick school;

Louise Cripps, Headteacher

David Roper, Coach for Swainswick Basketball club

Rachel Leigh-Wood, local business owner (Swainswick Explorers)

Tom Charrington, local resident

Charles Sanders, local resident

Steve Pierce, Architect

Councillor Martin Veal, Ward Member, also speaking on behalf of Ward Members Councillors Ian Dewey and Tony Cox.

Councillor Gay introduced the report by explaining the background to this issue and commending the school for reducing the number of unfilled places. He raised various points for consideration by the other Executive Members during the debate and stressed the need for a decision to be made which would benefit all pupils in the Authority.

Councillor Francine Haeberling thanked all those who had written, and outlined the reasons why she felt the closure of the school would be damaging to the vitality of the community and would not support closure.

Councillor Malcolm Hanney explained that he would also be voting to keep the school open but commented that it was right that the Executive had reviewed the school on the original figures and were mindful of budgetary implications.

Councillor Nicole O'Flaherty commented on the balance that had to be struck between representing all the Bath & North East Somerset area and listening to the concerns of the community. Councillor O'Flaherty expressed her dissatisfaction that this school was being handled outside of the cluster process.

Councillor Sir Elgar Jenkins also thanked all those who had written to him and commended the school for its recent achievements. He stated that he saw no case for closure at this point but it was of concern that the Authority was subsidising pupils from other Local Authorities.

Councillor Paul Crossley echoed the earlier comment that it was vital for future reviews that schools within a cluster should only be considered as part of that cluster. He praised the leadership of Swainswick school for the dramatic improvement the school had undergone, and also praised the Overview and Scrutiny Panel and officers for their work during the consultation process.

Councillor Colin Darracott explained that the main reason why he would not be abstaining on this occasion, as he had done last time, was that he had been persuaded that the school was successfully meeting the needs of children with special educational needs. Councillor Darracott also stressed the need to ensure that, for future reviews, schools within a cluster do not get separated out.

Councillor Vic Pritchard agreed there was no case for closure and offered his congratulations to the school.

In summing up, Councillor Jonathan Gay urged the community to keep supporting their local school and explained that, should the number on roll drop in future, the Authority would need to review the position again.

Rationale for the Decision

(1) That the Council Executive agrees that it is necessary to bring a prolonged period of uncertainty for the school to an end;

(2) To agree not to proceed with closure because the school is full, successful and is currently defined as a rural school;

(3) To instruct officers to review the local definition of a rural primary school during the process of updating the School Organisation Plan 2004-2008; and

(4) To note the provisions within the School review process for a single school to be reviewed, should numbers fall to the extent that 25% or more of its places are unfilled, and/or a further review of the cluster is triggered due to excess surplus places in the cluster.

105 SCHOOL PUPIL PERFORMANCE (Report 12).

Councillor Jonathan Gay introduced this report which celebrated the best set of school performance results to date.

Councillor Francine Haeberling, in seconding the report, applauded the results but mentioned the further effort that was needed for the Authority's Looked After children.

Rationale for the Decision

This report is presented as part of the reporting of financial management and budgetary control required by the Council.

Other Options considered

There were no other options considered at this stage.

On a motion from Councillor Jonathan Gay, seconded by Councillor Francine Haeberling, it was

(1) To receive the results for 2004 in response to the Local Authority's statutory duty to raise standards of pupil performance and to improve schools;

(2) To pay due regard to its duties and these results when making decisions about the development of its Education and other relevant services; and

(3) That the Executive Member for Life Long Learning and the Director of Education write to congratulate pupils, teachers, schools and LEA officers on the 2004 results.

106 COUNCIL REVENUE BUDGET MONITORING 2004/05 (Report 13).

Councillor Malcolm Hanney reminded all the Executive Members of their responsibility to work to bring their budgets back into balance.

Rationale

This report is presented as part of the reporting of financial management and budgetary control required by the Council.

Other Options considered

None.

On a motion from Councillor Malcolm Hanney, seconded by Councillor Paul Crossley, it was

RESOLVED

(1) To note the expenditure and income position for the Council in the financial year to the end of September and the year end projections detailed in Appendix 1 of the report; and

(2) To approve the virements listed in Appendix 2.

107 2004/2005 CAPITAL MONITORING REPORT - 2ND QUARTER (Report 14).

On a motion from Councillor Malcolm Hanney, seconded by Councillor Paul Crossley, it was

RESOLVED

(1) To note the current position of the 2004/2005 capital programme;

(2) To approve the adjustments to and incorporation of additional funding to the 2004/2005 programme as detailed in paragraph 4.1 of the report; and

(3) To note the current position of available resources.

108 FINANCIAL PLAN UPDATE - 2005/06 ONWARDS (Report 15).

Councillor Malcolm Hanney explained that Councillor Paul Crossley had written to the local Members of Parliament regarding the need for more Government support.

Rationale

This report sets out the current known background and context for the review of the financial plan.

Other Options considered

This report contains information about the Council's financial outlook. The options to meet the targets are being considered as part of the service planning and consultation process already in train. The results of this will be included in the recommendations made by the Executive to Council in February. Options considered at this time are concerned with the level of changes to the level of Council tax and the level of services provided by the Council.

On a motion from Councillor Malcolm Hanney, seconced by Councillor Paul Crossley, it was

RESOLVED

(1) To note the background and key issues and pressures to be taken into consideration when recommending a financial plan and budget to Council in February 2005; and

(2) To agree the timetable and process as set out in Appendix 1 of the report.

109 FREEDOM OF INFORMATION ACT (Report 16).

Councillor Malcolm Hanney introduced this report and referred to the briefings that had been set up for Members.

Rationale

The Council is recommended to obtain Executive support for a Council policy on Freedom of Information. The project designed to ensure the Council comply with the Act followed the Business Improvement Service methodology and applied the guidance laid down by the Department of Constitutional Affairs.

Other Options considered

Other options were considered at the commencement of this project. These were not pursued by Directors Group due to the penalties and risks involved in non-compliance and the benefits of compliance being consistent with the Council's Vision and Values.

On a motion from Councillor Malcolm Hanney, seconded by Councillor Rosemary Todd, it was

RESOLVED

(1) To agree that the Council's Freedom of Information Policy, detailed as Appendix 1 of the report, be approved;

(2) To authorise the Resources Director to make such amendments as from time to time appear to be necessary to comply with any legislative change or guidance from the Information Commissioner; and

(3) That the Resources Director be authorised to put in place appropriate procedures to ensure the effective implementation of the Act, including appropriate arrangements for dealing with requests, and the design and implementation of the Appeals and Complaints process.

110 ANNUAL COMPLAINTS REPORT FOR 2003/4 (Report 17).

Councillor Paul Crossley referred to the findings of the Corporate Issues and Partnerships Overview and Scrutiny Panel which had been circulated.

Rationale

The rationale for complaints monitoring is to ensure services in general are moving towards the improvement of customer satisfaction in line with the Council's Improvement Priorities and, as part of the Customer Access programme, to create a consistent branded front line Customer Services with staff attuned to customer needs.

Other Options considered

None.

On a motion from Councillor Paul Crossley, seconded by Councillor Sir Elgar Jenkins, it was

RESOLVED

(1) To note the contents of the report and endorse the recommendations of the Overview and Scrutiny Panel as outlined in the update report.

111 FIREWORKS (Report 18).

On a motion from Councillor Vic Pritchard, seconded by Councillor Paul Crossley, it was

RESOLVED to note the current legislative control over the sale and use of fireworks, the new enforcement regime to be introduced in 2005, the Council's voluntary registration scheme to promote greater safety at events involving fireworks, and the multi-agency campaign to promote the safe use of fireworks.

112 FOUR MONTHLY COMMUNITY SAFETY AND DRUGS ACTION TEAM PERFORMANCE REPORT (JUNE - SEPT 2004) (Report 19).

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was

113 TRANSPORT 4 MONTHLY PERFORMANCE REPORT (Report 20).

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was

114 HOUSING, SUPPORTED LIVING SERVICES 4 MONTHLY PERFORMANCE REPORT (JULY - OCTOBER 2004) (Report 21).

On a motion from Councillor Paul Crossley, seconded by Councillor Francine Haeberling, it was