To receive any apologies for absence and notification of any substitute members.

Apologies for absence were received from Julie Ogley, Director of Social Care Health and Housing and late apologies were received from Councillor Alison Graham.

To approve as a correct record the minutes of the meeting held on 16 July 2009.

The minutes of the meeting held on 16 July 2009 were approved as a correct record subject to the addition of Councillor Bowater, Assistant Portfolio Holder for Health and Social Care, to the list of members present.

To receive from Members any declarations and the nature therof in relation to:-

(a)               personal interests in any agenda item

(b)               personal and prejudicial interests in any agenda item

(c)               any political whip in relation to items on the agenda.

There were no declarations of interest.

To receive any announcements from the Chairman and any matters of communication.

The Chairman presented a number of matters of communication, as follows:

• An article about the Council’s Director of Social Care Health and Housing had been included in the LINk newsletter for July. The newsletter could be accessed at http://www.bedfordshirelink.org.uk/BedsLINk/KMS/news.aspx.

• The East of England Scrutiny Committee minutes had been sent to all the members of the Committee. Bob Smith from LINk asked to be added to the mailing list.

• Bedfordshire NHS’s IVF Policy was circulated electronically by David Levitt at the request of the Chairman

• There would be an item on every future agenda for LINk to update the Committee. The Chairman had previously invited Bob Smith from LINk to provide an update on Bedfordshire LINk activity and he had circulated a brief written report at the meeting advising on various internal  matters.

This is an opportunity for questions, statements and deputations from members of the public in accordance with the Public Participation Procedure set out in section A4 of the Council’s Constitution.

There were no public questions, statements or deputations.

To consider proposals, if any, to deal with any item likely to involve the disclosure of exempt information  as defined in the relevant paragraph(s) of Part 1 of Schedule 12A of the Local Government Act 1972 prior to the exclusion of the press and public.

There were no matters for consideration which might contain exempt information.

To consider any matter referred to the Committee in relation to the call-inb of a decision.

There were no matters of call-in.

To consider the enforcement options available to Central Bedfordshire Council in the management of long term empty private sector properties.

The Committee received a report of the Head of Private Sector Housing which proposed the use of enforcement powers available to the Council in respect of problematic long term empty private sector homes in the Council’s area. The Committee were informed that the Housing Act 2004 contains provisions about the occupation of privately owned empty homes. The device for securing occupation of empty homes is known as an Empty Dwelling Management Order (EDMO). Once the legislation has been commenced, an Empty Dwelling Management Order would enable the Council, in the circumstances discussed in the report, to take management control of a dwelling in order to secure occupation of it. The legislation is intended to operate alongside existing Council procedures for securing occupation of empty homes. In this instance it would offer an alternative to enforcement action under other legislation.

In particular the report recommended the forming of a partnership with Pathmeads Housing Association.  This would enable the Council to use Pathmeads’ expertise to manage any properties that were brought back into occupation through the use of Empty Dwelling Management Orders (EDMOs).

In response to questions the Committee was advised that Pathmeads Housing Association was developing experience of operating EDMOs and was already doing so locally in Luton and East Hertfordshire. A regional office was being planned in this area. However, it would be possible to pull away from the partnership approach with Pathmeads if it proved unsatisfactory. The Committee was keen that the market should be tested for other social housing providers in relation to this future role.

The Committee heard that a EDMO must contain a management scheme setting out how the Council will carry out its duties and how it will account for monies spent and collected on an empty  property.  The Committee heard that the legalisation stipulates the Council must keep full accounts of income and expenditure and anyone with a relevant interest in the dwelling should have reasonable access to inspect them.

Members considered the report which provided comparative figures for the growing trend of long term empty private sector properties. This currently stood at 1500 home recorded as empty in the last 6 months and of these 1500, 450 have been empty for the past two years.  The Committee were informed that these types of figures conflict with the demand for properties within the MKSM growth area. Empty Homes  also contributed to the blight of areas through their unsightliness, health and safety issues which  lead to anti-social behaviour.

A question was asked regarding the next steps after the 7-year term which was the longest period that an EDMO was permitted to run. Members noted that the legislation was new and there had not yet been an EDMO in place for the maximum period of 7 years.

After the maximum 7 year period, the Council has no actual powers to maintain the tenancy.  The Council will, however, discuss with the tenant in good time, options available to them.  This might mean commencing  ...  view the full minutes text for item 22.

To consider a framework for discussion with local NHS bodies and the Local Involvement Network to assist in reaching agreement on what constitutes “substantial” in the local context and how such consultation should be carried out.

The Committee received a report of the Overview and Scrutiny Officer in relation to the requirement that NHS bodies consult the Committee on proposals for substantial variations or developments to health services in the area. Members noted that the term “substantial” required clarification and it was proposed that officers of this Council,  Bedford Borough Council and Luton Borough Council work with NHS Bedfordshire to develop a protocol acceptable to all parties in respect of health matters falling within their individual geographical boundaries so that there was a definition and clear understanding of the term.

A report would be brought back to the Committee setting out the proposed protocol at a later date. A comment was made by David Levitt, NHS Bedfordshire who was present at the meeting that clarity across the area would be welcomed.

RESOLVED:-

1.                  that the Social Care, Health and Housing Overview and Scrutiny Committee note the contents of this report for information;

2.                  that the Social Care, Health and Housing Overview and Scrutiny Committee note the framework for discussion with the local NHS bodies and the Local Involvement Network (LINk) to assist in reaching agreement on what constitutes “substantial” in the local context and how such consultation should be carried out.

3.                  to note that a report on the proposed new protocol would be brought to a future meeting of the Committee.

To consider the Committee’s Work Programme for 2009/2010.

The Committee received a report providing information on the key strategic plans and priorities originating from the Social Care Health and Housing Directorate and NHS Bedfordshire. These were set out at Appendices  1-3  of the report.  Members discussed at which meetings they wished to consider each matter.

It was noted that the following matters would be brought to the September meeting:-

• LINk Update

• Key pressures affecting NHS Bedfordshire

• Quarter 1 Budget and Performance Information

• Directorate Overview: Safeguarding Vulnerable Adults

• Consultation  Feedback: Homelessness Event

• Update of Adult Social Care Improvement Plan 

• Revised Work Programme

• Executive Forward Plan

Members agreed that David Levitt be asked to circulate NHS Bedfordshire’s response to the National Audit Office’s Report, “Services for people with rheumatoid arthritis” by email.  Members asked that the response address the provision of services for those affected by rheumatoid arthritis as well as the action GPs were taking.

• Private Sector Housing Renewal Strategy – the Committee would decide at the October meeting whether a Task Group should be set up to work on this matter

• Performance Report Quarter 2

Members noted that item 15 on the Work Programme, Annual Health Check, would be the subject of a short report to the Committee in either October or November 2009.

A comment was made that it would be helpful to Committee members to see some of the facilities which were the subject of Committee discussion, for example the re-ablement service and sheltered accommodation. Whilst they recognised that it was not appropriate for very large groups to visit residents  in their home, Members welcomed any opportunity for a visit.

A discussion took place regarding a seminar on Personal Social Care. It was noted that this was a very complicated field and should therefore be afforded sufficient time for Members to develop their knowledge. A suggestion that a seminar to include a working lunch could be held following the October meeting of the Committee was welcomed.

Members noted that the Executive would be receiving a presentation on the Government Green Paper on costs for social care at its meeting on 13 October 2009, and members of the Social Care Health and Housing Overview and Scrutiny Committee were welcome to attend.

Members were also welcome to attend a seminar run by the Director of Social Care, Health and Housing for officers and partners on this subject on 24 September 2009. The Green Paper and Supporting Documents can be accessed by this link  http://careandsupport.direct.gov.uk/greenpaper/the-green-paper-and-supporting-documents/

RESOLVED:-

1.                  that the Work Programme be amended;

2.                  that members of the Committee be kept informed of any events which fell within the terms of reference of the Committee, and in particular that they be informed of any proposed public consultation on such matters;

3.                  that item 20 on the Work Programme, Housing Strategy, is referred to the Overview and Scrutiny Management Panel for consideration.   As  the Local Development Framework (LDF) Task Force established by the Sustainable Communities Overview and Scrutiny Committee is considering aspect of this strategy,  the Social  ...  view the full minutes text for item 24.

To consider the Executive’s Forward Plan of Key Decisions for the period starting 1 August 2009, attached.

The Executive’s Forward Plan of Key Decisions for the period 1 August 2009 to 31 July 2010 was noted.

The next meeting of the Committee will be held on 10 September at the Council Offices, Dunstable in Committee Room 1 starting at 10.00am.

The Committee noted that the next meeting would be held on 10 September 2009 at the Council Offices, Dunstable in Committee Room 1 starting at 10.00am.