Agenda Reports Pack (Public) 08/12/2010, 17connect-cheshirewestandchester.public-i.tv/... · 6 Volunteering Policy for Cheshire West and Chester Council (Pages 13 - 32) Report of

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EXECUTIVE Date :

Wednesday, 8 December 2010

Venue : Room G1 - HQ Building, 58 Nicholas Street, Chester CH1 2NP

Time : 5.30 pm

Agenda

PART A - OPEN TO THE PRESS AND PUBLIC 1 Apologies for Absence 2 Declarations of Interest 3 Minutes (Pages 1 - 12) To approve the minutes of the last meeting, attached.

Note: In respect of Minute No. 64 this matter has been actioned under urgent business, published 17 November 2010 (Rule No. 40), notice attached.

4 Public Question Time/Open Session A total period of 15 minutes is allocated for members of the public

to address the Executive on any matter relevant to the work of the Executive, subject to the Chairman’s discretion. In order for officers to undertake any background research it would be helpful if questions were submitted at least a day before the meeting. Individual members of the public may speak for up to five minutes.

5 Notification of Request to Speak by Visiting Members Visiting Members are asked to indicate whether they would like to

speak in relation to any item on the agenda.

LEADERS PORTFOLIO 6 Volunteering Policy for Cheshire West and Chester Council (Pages 13 - 32) Report of the Director of Resources, attached.

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7 Revenue Budget Consultation (Pages 33 - 36) Report of the Director of Resources, attached.

Appendix to follow.

COMMUNITY AND ENVIRONMENT PORTFOLIO 8 Scrutiny Review - Children Killed or Seriously Injured on the

Roads (Pages 37 - 64)

Report of the Community Select Panel Task Group, attached. CULTURE AND RECREATION PORTFOLIO 9 Leisure Operations - Securing Excellence and Management

Continuity (Pages 65 - 70)

Report of the Director of Regeneration and Culture, attached. FINANCE PORTFOLIO 10 Annual Health and Safety Report (Pages 71 - 84) Report of the Director of Resources, attached. PROSPERITY PORTFOLIO 11 North West Evergreen Fund (Pages 85 - 94) Report of the Director of Regeneration and Culture, attached. 12 Any other business which the Chairman considers urgent

that may be dealt with in the public part of the meeting.

13 Exclusion of the Press and Public The reports relating to the remaining items on the agenda have

been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded. The Executive may decide that the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 3 and 5 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

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PART B - PRESS AND PUBLIC EXCLUDED ENVIRONMENT PORTFOLIO 14 Waste Treatment PFI Contract Update (Pages 95 - 100) Report of the Director of Community and Environment, attached. 15 Any other business which the Chairman considers urgent and

should be considered following the exclusion of the press and public

For further information, please contact: Patrick Sebastian, Democratic Services Team, 01244 975970 email: [email protected] Date of Publication: 30 November 2010

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EXECUTIVE 3 NOVEMBER 2010 (5.30 pm - 7.35 pm)

PRESENT: Councillor Mike Jones (Chairman) Councillors Brenda Dowding, Les Ford (Deputy Chairman),

Arthur Harada, Herbert Manley, Lynn Riley and Richard Short Visiting Members: Councillors Bob Crompton, Brian Crowe, Andrew Dawson,

Jill Houlbrook, Reggie Jones, Justin Madders, Alan McKie and Stuart Parker

Officers in attendance: Steve Robinson − Chief Executive Chris Cook − Head of Culture and Recreation Simon Goacher − Head of Legal and Democratic

Services Steve Kent − Director of Community and

Environment Julie Gill − Director of Resources Charlie Seward − Director of Regeneration and

Culture John Stephens − Director of Children and Young

People Caroline Thomas − Head of Service - Learning

Disabilities & Mental Health Mark Wynn − Head of Finance Patrick Sebastian − Democratic Services Officer

57 DECLARATIONS OF INTEREST

No declarations of interest were made.

58 MINUTES

DECIDED: That The Minutes of the meeting held on 29 September 2010 be approved as a correct record and signed by the Chairman.

59 PUBLIC QUESTION TIME/OPEN SESSION

No questions had been submitted prior to the meeting, and no requests had been received from the public to address the Committee.

60 ACCESS TO HEALTH SERVICES BY ADULTS WITH LEARNING DISABILITIES

The Executive considered the report of the Chairman of Health and Wellbeing Select Panel that summarised the work of the Access to Health Services for Adults with Learning Disabilities Task Group’s investigation into issues people with learning disabilities encountered when accessing general health services within the Cheshire West and Chester area.

Item No. 3

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The Executive noted that the Council and the NHS Western Cheshire PCT had produced a Learning Disabilities Strategy 2010 – 2013 and had agreed that the findings and recommendations from its review be used to help inform the Implementation Plan and Health Review arising from that Strategy. At the suggestion of the Western Cheshire PCT, the report had also been forwarded to the Care Quality Commission as an example of Member initiatives in scrutinising health provision. Outcomes from the report would be monitored in 12 months time as part of the Learning Disabilities Strategy’s Implementation Plan and Review. Councillor Brenda Dowding, Portfolio Holder for Adult Services led the discussion on this item and welcomed the report and praised the excellent work of the Task Group. DECIDED: That the report be noted. REASONS FOR THE DECISION At the Leader’s request, the outcomes from any Scrutiny Reviews are presented to the Executive for consideration. Alternative options None considered.

61 PROCUREMENT OF A HIGHWAYS AND ENVIRONMENT TERM SERVICE CONTRACT FOR CHESHIRE WEST AND CHESTER COUNCIL

The Executive considered the report of the Director of Community and Environment that set out the process for procurement of a new Highways and Environment Term Service Contract across the Cheshire West and Chester authority. The report informed of options currently available to the Council in relation to the procurement process for a Highways and Environment Term Service Contract across the Authority in collaboration with Shropshire Council via an Inter Authority Agreement.. The Executive was requested to approve the establishment of a cross-party, Executive Highways Task Group (EHTG) to advise the Community and Environment Portfolio Holder on significant decisions required during the procurement process. The Task Group and Portfolio Holder would be supported by a Project Board of senior officers. Councillor Lynn Riley – Portfolio Holder for Community and Environment led the discussion on this item.

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DECIDED: That (1) the procurement process for a Highways and Environment Term Service

Contract across the Authority, in collaboration with Shropshire Council, as specified in the report, with terms of collaboration and cost sharing to be encapsulated in an Inter Authority Agreement be agreed between the two authorities, be approved; and

(2) a cross-party, Executive Highways Task Group (EHTG), comprising

Councillors Lynn Riley, Jill Houlbrook, John Grimshaw, Malcolm Gaskill and Tony Sherlock to advise the Community and Environment Portfolio Holder on significant decisions required during the procurement process, supported by an Officer Project Board, be appointed.

(3) the Community and Environment Portfolio Holder be given powers to vary the membership of the EHTG as and when business needs require.

REASONS FOR THE DECISION To enable the procurement of a new Highways and Environment Term Service Contract within the required timescale. Alternative options To procure new arrangements as a single authority.

62 REFERENCE FROM LICENSING COMMITTEE (28/09/2010): DESIGNATION OF ADDITIONAL PART-TIME EVENING/NIGHT TIME HACKNEY CARRIAGE STANDS/RANKS AT WITTON STREET, NORTHWICH; WOODLAND ROAD, GREAT SUTTON; LEDSHAM ROAD, LITTLE SUTTON AND LOWER BRIDGE STREET, CHESTER - S63 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

The Executive considered the report of the Director of Community concerning recommendations made by the Licensing Committee at its meeting held on 28 September 2010 in respect of enforcement issues relating to illegal parking by hackney carriage proprietors associated with a lack of rank space within the Vale Royal and Ellesmere Port and Neston hackney carriage zones, and requests made by the hackney carriage trade for additional rank space in the Ellesmere Port and Neston and Chester hackney carriage zones. Executive were informed of the details relating to reasons for the proposed hackney carriage stands/ranks in the respective Zones. The report informed that Highways Officers and the Police had supported the proposed locations for the hackney carriage stands/ranks as detailed in the report. Councillor Lynn Riley – Portfolio Holder for Community and Environment led the discussion on this item.

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DECIDED: That (1) Approval be confirmed and public notice be given of the intention to

designate part-time hackney carriage stands/ranks on the following lengths of road:

Witton Street, Northwich (south side)

Hackney carriage stand/rank for ten vehicles operating between 8.00 pm and 5.00 am from a point 14 metres west of its junction with Venables Road for a distance of 62 metres in a westerly direction.

Woodland Road, Great Sutton (south side)

Hackney carriage stand/rank for two vehicles operating between 8.00 pm and 5.00 am from a point 60 metres east of its junction with Chester Road for a distance of 11 metres in a westerly direction.

Ledsham Road, Little Sutton (north side)

Hackney carriage stand/rank for two vehicles operating between 8.00 pm and 5.00 am from a point 10 metres east of the common boundary of numbers 11 and 13 Ledsham Road for a distance of 10 metres in a westerly direction.

Lower Bridge Street, Chester

Hackney carriage stand/rank for three vehicles operating between 8.00 pm and 5.00am from a point 52 metres south of its junction with Grosvenor Street/Pepper Street for a distance of 15 metres in a southerly direction.

(2) In the event of no objections being received within the period specified in

the notice, the hackney carriage stands/ranks be appointed as set out in the report and the public notice.

REASONS FOR THE DECISION To enable appropriate numbers of hackney carriage stands/ranks to be designated and to maintain adequate provision of hackney carriage stands/ranks in the respective hackney carriage zones. Alternative options None considered.

63 OPTIONS FOR A THEATRE AND CONVENTION CENTRE FOR CHESTER

The Executive considered the report of the Director of Regeneration and Culture that presented a summary of the findings of a feasibility study into the provision of a theatre and convention centre for Chester (Minute No.46, 15 July 2009 refers).

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The report informed that the study had determined that the development of a theatre with mixed programming, producing and presenting would provide the optimum solution for Chester.

The Executive was apprised that the study had determined that the development of a medium scale theatre would provide the optimum solution, to include:

• C.800 seat main house, with fly tower, ideally capable of being reduced to c.450 for productions attracting smaller audiences.

• 200 seat flexible studio theatre.

• Ancillary back stage and public facilities.

• Bar/café and, depending on location, destination restaurant.

The Executive noted that the study had also determined that the development of a medium scale convention centre would provide the optimum solution

• Major hall c.2,000m² sub-dividable.

• Additional c.1,000m² flexible ‘breakout/ exhibition’ space.

• Foyer/ reception area c.1,500m².

• Flexible floor options important e.g. stepped platforms, removable seating, etc.

The Executive further noted that the study had determined that there was a demand and a market gap for the provision of a convention centre in Chester and that the proposed product would compliment the provision of the Theatre and make a significant positive impact on the visitor economy. Visiting Members: Councillors Brian Crowe, Reggie Jones and Jill Houlbrook spoke in relation to this item. Councillor Richard Short – Portfolio Holder for Culture and Recreation led the discussion on this item. DECIDED: That

(1) authority be given to the Director of Regeneration and Culture to undertake further work to facilitate final site selection for a medium scale theatre and medium scale convention centre, as set out in paragraph 5.3.5 of the report (to consider issues of deliverability, cost, funding strategy and procurement options) to be carried out within existing budgets;

(2) the Gorse Stacks option not be pursued any further; and

(3) authority be given to the Director of Regeneration and Culture to engage key stakeholders in the development of the final design brief and programme.

REASONS FOR THE DECISION To facilitate a final site selection, and provide the necessary information on cost, funding strategy and procurement options to underpin future decisions.

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Alternative options As detailed within the report.

64 MID YEAR REVIEW OF PERFORMANCE 2010-11

The Executive considered the report of the Director of Resources that set out the performance of the Council for the first six months of 2010-11, updating Members upon the position as reported to Executive on 8 September 2010 (Minute No. 39 refers). The revenue section of the report summarised the forecast revenue outturn position of the Council as at 31 March 2011 in respect of service and corporate budgets, and the implications for the Council’s reserves and balances. The capital section summarised the forecast Capital Outturn position for 2010-11 and the financing of the 2010-11 capital programme. A separate booklet containing detailed information on the individual positions for each Directorate and information on corporate budgets were circulated prior to the meeting. Visiting Members: Councillors Justin Madders and Reggie Jones spoke in relation to this item. Councillor Les Ford – Portfolio Holder for Finance led the discussion on this item. DECIDED: That (1) the forecast revenue outturn of the Council as set out in this report and the

booklet be noted;

(2) the progress in committing the 2010-11 capital programme, and revised expenditure forecast as set out in the report and the booklet be noted;

(3) the intention to review approved 2010-11 capital schemes which have not

been progressed to date to ensure capital spend is still necessary and in line with priorities (Paragraph 5.6 of the report) be noted;

(4) the indicative performance outcomes for each Directorate as set out in this

report and the accompanying booklet be noted; (5) the potential full carry forward of any underspend on the Dedicated Schools

Grant (DSG) budget to 2011-12, currently £0.8m (subject to outturn). Details are in Section B2 (Children & Young People’s Directorate) of the booklet be noted;

(6) the potential carry forward of underspent delegated School’s budgets of

£4.8m (subject to outturn). Details as per Section B2 (Children & Young People’s Directorate) of the booklet be noted;

(7) (subject to outturn) the call on contingency to fund expenditure on corporate

projects (£0.9m), as detailed in Section B5 (Resources Directorate) of the booklet be noted;

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(8) a supplementary revenue estimate authorising usage of £0.5m of the

Housing Revenue Account Balance to fund activities held over from 2009-10, be approved [details in Section G (Housing Revenue Account) of the booklet];

(9) a virement of £0.5m from various Childrens capital projects to support

expenditure at Weaverham High School, as detailed in Appendix 1 to the report, be approved; and

RECOMMENDATION TO COUNCIL: That the allocation of £1m from the Dedicated Schools Grant to Schools as detailed in Section B2 (Children and Young Peoples Directorate) of the booklet be approved. REASONS FOR THE DECISION To comply with Finance and Contract procedure rules and ensure that the Council is a well mangaged authority. Alternative options None considered.

65 RECOMMENDATION FROM OVERVIEW AND SCRUTINY COMMITTEE - EQUALITY IMPACT ASSESSMENT

The Executive considered the report of the Chairman of the Overview and Scrutiny Committee that provided information on the challenge session that had been carried out on the subject of Equality Impact Assessments (EIAs) at the meeting of the Overview and Scrutiny Committee held on 13 October 2010. The report presented by Councillor Andrew Dawson – Chairman of the Overview and Scrutiny Committee contained a number of recommendations arising from the scrutiny exercise. The Executive was informed about the Council’s approach to identifying how key policies and procedures impacted on different equality and diversity strands, and that the recommendations as detailed in the report were designed to strengthen that approach. DECIDED: That (1) the tools presently used to carry out the Equality Impact Assessments be

reviewed so that those carrying out the assessments are assisted in their task, to produce consistent assessments across the Council, that they challenge and support the assessments being produced in the light of supporting evidence and data; and, produce an assessment showing the risks both before and after (as needs be) mitigating measures have been applied; and

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(2) the corporate Equality and Diversity officer test the underlying data and assumptions made for each EIA against known issues and concerns and that each assessment be moderated against each other to ensure a consistency of approach across the Council.

REASONS FOR THE DECISION To improve and refine the process for Equality Impact Assesments so they can be fully utilised to help the Council anticipate problems and make informed decisions. Alternative options None considered.

66 CHESTER CATHEDRAL QUARTER PHASE 1 - SIGN OFF OF CONTRACTOR PROCUREMENT PROCESS

The Executive considered the report of the Director of Regeneration and Culture that described the contractor procurement options that had been considered and set out the procurement strategy that had been accepted by the Cathedral Quarter Executive Group. The report informed that the various components of the Chester Cathedral Quarter Phase 1 (CQPP1) project were well advanced in the planning process. One element had already received planning approval with two other elements due for submission later in the month. Councillor Herbert Manley – Portfolio Holder for Prosperity led the discussion on this item. DECIDED: That (1) the recommendation of the CQP1 Executive Group to procure, following

OJEU procedures, one lead contractor to undertake all elements of the CQP1 project, be endorsed; and

(2) The Director of Regeneration be given delegated authority to accept the most

economically advantageous tender subject to it being within the budget available and to detailed evaluation by the appointed assessment team.

REASONS FOR THE DECISION To enable the procurement of a suitable lead contractor from the widest pool available on terms that will allow incremental growth of the contract value and to enable the appointment of the chosen contractor in an efficient manner. Alternative options As detailed in the report including:

• one main contractor for all elements

• separate contractors for internal and external works

• separate contractors for each discrete element.

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67 ANY OTHER BUSINESS WHICH THE CHAIRMAN CONSIDERS URGENT THAT MAY BE DEALT WITH IN THE PUBLIC PART OF THE MEETING.

DECIDED: That Councillor Mark Stocks replace Councillor Gareth Anderson as Chairman of the Education and Children Policy Development Board and as Assistant Executive Member, Education and Children. Note: The Chairman agreed to accept this as an urgent item as a formal replacement for Councillor Anderson was needed before the next scheduled meeting of the Executive as meetings of the PDB were to take place.

Chairman

Date

Publication date: 4 November 2010

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CHESHIRE WEST AND CHESTER

REPORT TO EXECUTIVE

____________________________________________________________________ Date of meeting:

8 December 2010

Report of: Julie Gill, Director of Resources Executive Member:

Councillor Mike Jones

TITLE: A VOLUNTEERING POLICY FOR CHESHIRE WEST AND CHESTER COUNCIL Is this a Key Decision*? No * One that affects finances over £1m or significantly affects two or more wards

1.0 What is the report about? 1.1 The adoption of a Volunteering Policy (Appendix A) that sets the vision for

and provides a consistent approach to volunteering within Cheshire West and Chester Council.

1.2 The Policy has three elements:

i) Background and context – to increase awareness of the benefits and value of volunteering, including the benefits to local communities, to individuals, service users, and organisations;

ii) Use of volunteers within the Council – including guidance to inform,

enhance and support the Council’s approach to recruiting, selecting, managing and recognising volunteers.

iii) Support for Council employees as volunteers – including guidance for line

managers and a process for application and approval. 2.0 What Decision is required by the Executive? 2.1 To endorse the Volunteering Policy. 3.0 How does the Decision contribute to the Council’s Corporate

Priorities? 3.1 The adoption of a Volunteering Policy contributes to the Council’s corporate

priorities in a number of ways:

i) The first commitment given in the Sustainable Community Strategy – “Together We Can Aim High” - is ‘to promote community spirit and support communities to care for themselves and others and the environment in

Item No. 6

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which they live’. Encouraging volunteering is directly linked to how we will achieve this;

ii) The Policy supports the Council’s approach to community engagement

and empowerment and is highlighted as a specific action within the Community Engagement and Empowerment Strategy action plan;

iii) The Policy supports the Council’s emerging approach to locality working.

In particular, the Local Integrated Services proposal for Ellesmere Port includes an ambition to build active, supportive and engaged communities; and

iv) The Policy strongly reflects the Coalition Government’s vision of the Big

Society through citizenship, community action and social responsibility. 4.0 Report Details 4.1 Cheshire West and Chester Council recognises the valuable contribution that

volunteering makes to building a strong and cohesive society, as a means for combating social exclusion, and as an important contributor to the delivery of high quality public services. Volunteering can deliver excellence in public services, support strong communities and contribute to growth in the economy. It also plays a key role in supporting many of the council’s priorities in areas such as Health, Community Safety, Education, Social Care and Employment.

4.2 Volunteering plays a vital role in making communities work and provides

important benefits on a number of levels.

• Benefit to the individual – Volunteering can enable a person to build their confidence; acquire new skills and experiences; and provide a step to employment or training. Research also shows that volunteering improves a person’s physical and mental well-being.

• Benefit to the community – Volunteers, by coming together with individuals and communities, build up social networks and develop new friendships resulting in an increased sense of trust and understanding. Volunteering strengthens communities through people taking responsibility and giving their time to improve the overall quality of life for themselves and others.

• Benefit to the Council – Volunteers can bring a different perspective to the work of the authority, often one that reflects the views of the local community. They bring credibility by giving their time for free which demonstrates that the work we do is of value to local people. Voluntary work is a vital means of support in the delivery of services and activities, which in turn enhances people’s lives and choices. In addition, members of the public are more likely to identify with members of their own community. This is apparent if those communities are seldom heard.

4.3 The “Our Community” survey conducted in 2010 identified that 25% of local

people give unpaid help to an individual, group or organisation at least once a week. This is equivalent to 1 in 7 people or just over 82,629 people in the

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Cheshire West area volunteering on a regular basis. During Volunteering Week (1 – 7th June 2010), 190 volunteers contributed over 250 volunteer hours in total to the Council. If this time was calculated on the national minimum wage it would equate to an economic benefit of £1450.00 in one week. If applied to the findings of the “Our Community” survey of 82,629 people in West Cheshire volunteering for a minimum of 2 hours every month, the economic benefit would be in excess of £12m per annum to the local area. In reality, this is a conservative estimate as many volunteer roles are skilled and would command a higher hourly rate.

4.4 The Council currently supports volunteering in a number of ways, e.g.:

• Offering opportunities for service users, residents and individuals to be involved in the work of the Council and contribute to the design and development of services. Examples include Culture & Recreation, Archives, Arts and Festivals, Green Spaces, Children Centres, Independent Living Centres, Day Centres, etc.

• Providing investment in infrastructure organisations such as Councils for Voluntary Service (CVSs) who support the development of organisations, services and policies;

• Supporting the development of volunteering opportunities;

• Providing funding to other voluntary organisations undertaking a wide range of activities which involve volunteers; and

• Demonstrating a commitment to working to the Volunteering Code within the Compact.

4.5 However, the way in which volunteers are recruited, supported and managed

across the authority varies across directorates and services and in some cases reflects the differing policies and approaches of the legacy authorities. The Volunteering Policy, therefore, attempts to harmonise both the authority’s approach to the use of volunteers internally and the way in which it supports staff undertaking voluntary work externally.

4.6 For the purposes of the Volunteering Policy, the term volunteering includes

formal activity undertaken through public, private and voluntary organisations as well as informal community participation and campaigning. Volunteers are defined as people who give their time without being legally obliged to do so and without pay or other reward. Volunteering is specifically defined as

“Any activity which involves spending time, unpaid, doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives, or to benefit the environment”

Volunteering England’s Helping Out survey 2007 4.7 The Use of Volunteers

As highlighted above, the Council recognises the significant and valuable role that volunteers have in creating, implementing and enhancing our services. As such, section one of the Volunteering Policy provides the Council with a framework for effective and consistent engagement with people who volunteer for the Council.

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4.8 Supporting Staff as Volunteers

To encourage and promote volunteering across the workforce, the Council is committed to enabling staff to participate in voluntary activity during their normal work hours. This support is formalised in the Leave Policy approved by Staffing Committee on 20 July 2010. However, this approach needs to be carefully managed. Section two of the Volunteering Policy therefore relates to the application and approvals process for individuals wanting to undertake governance or general volunteering roles within the community during normal working hours.

5.0 Officer’s Recommendations 5.1 To endorse the Volunteering Policy. 6.0 Reasons for the Recommendation 6.1 The Council currently utilises volunteers in a variety of roles across the

authority. As a consequence of reorganisation, the way in which such volunteers are recruited, supported and managed varies within and across services. The Volunteering Policy will, therefore, harmonise the Council’s approach to volunteering and provide a consistent and standardised framework for how volunteers are used across the authority.

6.2 The concept of the ‘Big Society’ is central to the new coalition government’s

approach to developing and delivering active communities with a shared sense of responsibility. The Volunteering Policy supports the Council’s contribution to this concept locally.

6.3 The challenging economic climate and its impact on the future funding of

public services will require local authorities and their partners to explore more innovative ways of working to support service delivery. The involvement of volunteers will play an increasingly important role in supplementing and enhancing the delivery of local public services.

6.4 One of the main issues identified through the staff survey conducted by Best

Companies was the importance attached by staff to the Council ‘making a positive difference’ and ‘giving something back’ to the communities it serves. The Volunteering Policy incorporates support for Council staff to participate in volunteering activity and, therefore, helps address the outcomes of the staff survey.

7.0 What will it cost? 7.1 The Volunteering Policy covers the use of volunteers within the Council and

support for staff wanting to volunteer within the community, both of which have a cost implication. For example, in using volunteers within the Council, the authority will incur costs associated with volunteer management and support; out of pocket expenses; induction / training; and the provision of tools or equipment for the job. However, it is envisaged that all such costs will be

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absorbed within existing budgets. In enabling staff to volunteer externally, the Council, through the Leave Policy, is committed to providing paid leave of absence. Again, this will be managed within existing budgets.

8.0 What are the legal aspects? 8.1 Adoption of the Volunteering Policy carries a number of legal undertakings

which relate to the legal status of volunteers; the type of work undertaken; disclosure of convictions; health and safety; risk assessment; insurance; and copyright as well as general undertakings covered by the Council’s Code of Conduct.

9.0 What risks are there and how can they be reduced? 9.1 The key risks are in relation to the use of volunteers principally relate to the

health and safety of volunteers and safeguarding when volunteers may come into contact with vulnerable clients.

10.0 What is the impact of the decision on equality and diversity

issues? 10.1 The Council is committed to providing equal opportunities for all and this

commitment extends to all existing and potential future volunteers. As such, volunteers will not be discriminated against on the grounds of gender, sexual orientation, disability, age, race, religion or belief or nationality. Furthermore, the use of volunteers from different backgrounds and with different skills and experiences will bring additional value to the organisation and should contribute to improving our engagement and involvement with equality and diversity groups and communities across the borough.

11.0 Are there any other options? 11.1 Do nothing. For further information: Executive Member: Cllr Mike Jones Officer: Joanne Jones, Partnership Manager Tel No: 01244 973129 Email: [email protected] Background Documents: Documents are available for inspection at:

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Volunteering Policy BACKGROUND AND CONTEXT Cheshire West and Chester Council recognises the valuable contribution that volunteering makes to building a strong and cohesive society, as a means for combating social exclusion, and as an important contributor to the delivery of high quality public services. We believe that volunteering can deliver excellence in public services, support strong communities and contribute to growth in the economy and can play a key role in supporting many of the council’s priorities in areas such as Health, Community Safety, Education, Social Care and Employment. Volunteering also has an increasingly important role in Central Government policies, specifically the decentralisation and devolution of service delivery and in delivering the community involvement and engagement to underpin the Big Society. Volunteering plays a vital role in making communities work and provides important benefits on a number of levels: Benefit to the individual – It can enable a person to build their confidence; acquire new skills and experiences; and provide a step to employment or training. Research has shown that volunteering improves a person’s physical and mental well-being. Benefit to the council – Volunteers can bring a different perspective to our work, often one that reflects the views of the local community. They bring credibility by giving their time for free which demonstrates that the work we do is of value to local people. Voluntary work is a vital means of support in the delivery of services and activities, which in turn enhances people’s lives and choices. In addition, members of the public are more likely to identify with members of their own community. This is apparent if those communities are seldom heard. Benefit to the community – Volunteers, by coming together with individuals and communities, build up social networks and develop new friendships resulting in an increased sense of trust and understanding. Volunteering strengthens communities through people taking responsibility and giving their time to improve the overall quality of life for themselves and others. The major strength of volunteering in Cheshire West is the active level of volunteer related initiatives and commitment to volunteering. The “Our Community” survey conducted in 2010 identified that 25% of local people give unpaid help to an individual, group or organisation at least once a week. This is equivalent to 1 in 7 people or just over 82,629 people in the Cheshire West area volunteering on a regular basis.

APPENDIX A

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This Policy has therefore been developed to support volunteering both internally and externally to the Council: Section A sets out a co-ordinated approach to how we will encourage and support the use of volunteers within the Council. It includes guidance on the recruitment, selection, management and recognition of volunteers to ensure fairness and consistency in our work with them. Section B sets out a co-ordinated approach to how we will encourage and support staff wanting to volunteer within our communities. For the purposes of the Policy, the term volunteering includes formal activity undertaken through public, private and voluntary organisations as well as informal community participation and campaigning. Volunteers are defined as people who give their time without being legally obliged to do so and without pay or other reward. Volunteering is therefore specifically defined as

“Any activity which involves spending time, unpaid, doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives, or to benefit the environment”

Volunteering England’s Helping Out survey 2007 SECTION ONE: THE USE OF VOLUNTEERS This section presents a framework for effective and consistent engagement with people who volunteer for the council. All staff who involve volunteers in the delivery of their services are expected to comply with the process / actions detailed below. Further information and advice is contained in the Managers Guidance for the Use of Volunteers. 1. Introduction and scope Cheshire West and Chester Council recognises the significant and valuable role that volunteers have in creating, implementing and enhancing our services. Volunteering should be a worthwhile and rewarding experience for volunteers who are an important community resource. Additionally, volunteers’ experience of working with us will shape their overall view of the Council. This section has been written in consultation with the voluntary sector and follows the principles of the Local Compact for Cheshire West & Chester. A copy of the compact is available via http://www.westcheshiretogether.org.uk/pdf/Compact%20Final%20Oct091.pdf. There will be no formal/legal contract of employment between the Council and its volunteers. When volunteers give their time for a given number of hours, this will be at their discretion and we will not penalise them if they are unable to do so.

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2. Principles

• We will apply our Equal Opportunities Policy to the recruitment, selection and management of volunteers.

• We will provide a volunteer agreement for all volunteers.

• We will provide all volunteers with a volunteer induction pack, role description and person specification.

• We will advise volunteers of their rights and responsibilities under the Data Protection legislation and expect volunteers to respect the confidential nature of Council business.

• We will provide appropriate Employer and Public Liability insurance cover for all volunteers whilst engaged in an approved volunteering activity with the Council.

• We will not regard volunteers as unpaid employees and will not expect volunteers to undertake inappropriate responsibilities or roles.

• We will offer suitable training and support for volunteers.

• We will provide suitable training and support for staff who manage volunteers.

• We will expect all volunteers to behave reasonably and not bring the Council into disrepute.

• All of the information that we give to volunteers and all of the forms we ask them to fill in will be clear and easy to understand.

• We will provide all volunteers with the information they need on how to make a complaint.

• We will review our guidance every two years.

• We will update our guidance in line with any relevant changes in the law. 3. Identifying Volunteering Opportunities

If managers identify an opportunity to utilise volunteers they must discuss the proposals and implications of this with their own line manager in the first instance. Once this has been agreed the manager must complete a registration form and submit it to [email protected] who will record the opportunity. 4. Recruitment & Selection

A variety of approaches will be used to recruit volunteers, including those from communities that are seldom heard. We will work in partnership with local Volunteer Centres to advertise volunteer opportunities locally. This will be done through advertising local opportunities on the Do–It Volunteering website (www.do-it.org.uk). We will also develop a dedicated volunteering webpage on our intranet and internet websites that will hold information, guidance and required forms for volunteering. We will also raise awareness of volunteering opportunities through voluntary, community and faith groups, schools & colleges, etc. People interested in becoming a volunteer with us will be invited for an informal discussion with the appropriate contact person to explore whether there is a match between what is needed and what is being offered by both parties – the potential volunteer and the Council. They will be given general information about the organisation and specific information on the volunteer role in which they are interested. Those individuals who are still interested in volunteering after this meeting

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will be asked to complete a simple registration form and supply a written reference. Then if appropriate, they will be offered an interview.

5. Disclosure of Convictions Having a criminal record will not normally be a bar to volunteering with Cheshire West and Chester Council unless the Head of Service considers that a conviction for a particular offence would mean that the applicant is unsuitable for a particular volunteering task. Under the requirements of the Rehabilitation of Offenders Act 1974, and any other relevant legislation, there may be a need to ask all volunteers to disclose any ‘unspent’ convictions. The Council has a legal obligation to protect children and young people under 18 and vulnerable adults. Volunteers who, in the course of their volunteering activity, are likely to come into contact with vulnerable people as defined below will be required to disclose all convictions including any that are ‘spent’ and an Enhanced Disclosure Application will be made to the Criminal Records Bureau. For these purposes vulnerable people are defined as

• People aged under 18

• People over the age of 65

• People of any age who are suffering from serious illness or mental disorder of any description

• People of any age who are addicted to alcohol or drugs

• People of any age who are deaf, blind or have a speech impairment

• People of any age who have learning difficulties

• Other people of any age who are substantially and permanently disabled by illness, injury or congenital disability

• Any other persons of any age who, by reason of cognitive, language or other impairment or particular circumstances are seen as vulnerable to any kind of abuse or manipulation

The Council aims to comply with the Criminal Records Bureau Code of Practice on the fair use and handling and disclosure of information 6. Volunteer Agreement We will record the arrangements for an individual’s volunteer activities in a personal volunteer agreement. This agreement is intended to be flexible enough to take account of specific service issues, but the document should not, under any circumstances, be amended or changed without the prior authority of the Head of Policy, Performance, Partnerships and Transformation.

7. Volunteer Management All volunteers will have a named supervisor who shall be responsible for:

• Providing the volunteer with a written description of the volunteering role outlining specific and general tasks, responsibilities and who they will report to;

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• Organising a planned induction to the organisation, including explaining relevant policies and procedures (including in relation to dealings with other people) and the duties and tasks agreed;

• Ensuring that volunteers are aware of their agreed responsibilities with regards to confidentiality and relations with the media;

• Ensuring volunteers have adequate work space, equipment and services necessary to perform their tasks effectively and safely including the provision of proof of identity (e.g. identity badge or documentation) where appropriate;

• Arranging a short, timetabled trial period during which volunteers will receive role specific training, close support and mutual feedback, including the chance for them to feedback their views and concerns;

• Keeping a detailed record of the dates, times and activities have been undertaken by each volunteer;

• Providing regular support, including one to one and group meetings;

• Making sure that the role and activities are reviewed on a regular basis;

• Maintaining records of the information and training provided to the volunteer; and

• Retention of documents in line with the Council’s Document Retention Policy. A confidential file should be made up for each volunteer. The file should contain the application form, references, the volunteering / confidentiality agreement, induction record, attendance record, supervision record, training record and emergency contact details. 8. Training We will provide training to make sure that volunteers can carry out their activities on behalf of the Council effectively. This training will directly relate to the activity for which they volunteer. We will aim to provide training to enable volunteers to develop their skills or personal development that will enhance their contribution to the Council’s services. 9. Health and Safety We have a duty to look after the safety and well-being of our volunteers. We will make volunteers aware of our Health and Safety Policy and any special safety arrangements specific to their individual role. As well as making volunteers aware of the Health and Safety Policy, a risk assessment should be carried out in relation to the duties the volunteer will be undertaking and steps taken to avoid potential hazards. Volunteers as well as employees must take reasonable care for the health and safety of themselves and others that may be affected by what they do, or omit to do, at work. Volunteers must also co-operate with the Council in performing any duty or complying with any requirement imposed by any relevant health and safety or other relevant laws.

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10. Insurance Volunteers who are managed by the Council are covered by the Local Authority’s combined liability insurance policy. This can be divided into two main categories:

• Employers Liability – injury to employees and volunteers through negligence by the Council occurring in the course of the employment / activity undertaken on behalf of the Council.

• Public Liability – injury or damage to property of a third party as a result of negligence by the Council, including the actions of its staff and volunteers.

The council is responsible for the actions of its employees / volunteers in the course of their duties and willl take all reasonable precautions to prevent or minimse accident, injury, loss or damage. The council insurance will not extend to volunteers registered with or working on behalf of organisations other than the council, or who are undertaking unauthorised work or authorised work carried out by people not authorised or managed by the council. It is therefore most important that volunteers comply with the conditions of the council’s Volunteering Policy and Agreement. The responsibility for insurance of privately owned vehicles rests solely with the owner or driver concerned. Volunteers must not use their own vehicle for undertaking voluntary duties e.g. transporting service users, unless their policy specifically includes “business use” and the relevant insurance documentation has been checked. Any volunteers undertaking regular journeys on behalf of the Council must notify their motor insurance company. 11. Conduct and Complaints Volunteers will not be subject to council disciplinary procedures nor have access to council grievance procedures, both of which are for Council employees only. However, volunteers will be given an opportunity to discuss any issues that they may have about their volunteering. Volunteers should raise any complaints, concerns or issues with their allocated supervisor in the first instance. If this is not appropriate, or they are not happy with how this is dealt with, they should take their complaint to the relevant Head of Department or Service. All complaints will be dealt with within 10 working days and treated in a confidential manner. If there are concerns about the conduct or performance of a volunteer, their supervisor should investigate to find out what is happening. This includes talking with the volunteer concerned. If conduct or performance is unsatisfactory, the volunteer should be informed that s/he will be offered ‘special guidance’ for a period. The objective of ‘special guidance’ will be to encourage improvement. If a volunteer does not meet our standards of performance or the steps we have taken to encourage them to improve do not work, the volunteer may be offered more suitable voluntary activities

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(where available). Where suitable alternative voluntary activities are not available, the volunteering arrangement will be terminated by the council in accordance with paragraph 15 of this policy. If behaviour, which in the council’s view, is equivalent to gross misconduct has occurred, then the volunteer activity will be terminated immediately. 12. Conflict of Interest Anyone with a potential conflict of interest with a particular council department or service area should not be accepted as a volunteer in that area. Where the prospective volunteer has a professional or personal relationship with a member of staff or service user they should be placed in a different service area as a matter of course. 13. Confidentiality Volunteers are bound by the same confidentiality requirements as paid staff and should sign a confidentiality agreement. Additional confidentiality agreements may be required if the volunteer is to have access to sensitive personal information as part of their role. 14. Copyright All records in any medium (whether written, computer readable or otherwise) including accounts, documents, drawings and private notes about the council and its activities and all copies and extracts of them made or acquired by the volunteer in the course of their volunteering activity shall be:

• the council’s property;

• used for the council’s purpose only;

• returned to the council on demand at any time; and

• returned to the council without demand if the volunteer ceases to be actively involved with the council’s work for more than one month.

Volunteers should be made aware that the information produced by them in the course of their volunteering shall remain the intellectual property of the council and may be made available to the public under the Freedom of Information Act 2000. Additionally, volunteers are required to respect the confidentiality of any personal or commercially sensitive information they have access to in the course of their work with the council. 15. Ending Involvement Either the Council or the volunteer can end the volunteering arrangement at any time and without any notice. However, unless there is an emergency or misconduct, the Council will aim to give volunteers at least two weeks notice in the hope that a similar length of notice will be provided to the council. In all cases the Council will provide the volunteer with details of the reasons why their involvement is no longer needed.

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16. References If requested , either during a volunteer’s time with the council or when the volunteering period ends, the council will supply a reference, based on a volunteer’s service with the council, indicating the skills and knowledge acquired as well as personal qualities observed. 17. Recognition of Volunteers It is important that the contribution and commitment of our volunteers is properly supported and acknowledged. The contribution volunteers make can be recognised and valued in a range of ways such as being thanked, provided with positive feedback and acknowledgement, volunteer recognition schemes and events. The Council will work with partners and council departments to hold an annual celebration to thank all volunteers for their contribution. Volunteer Managers will be expected to nominate volunteers for this. 19. Working with Groups of Volunteers The Council recognises the valuable work of local groups of volunteers such as ‘Friends of’ groups, community volunteers etc, who give their time freely and help the Council in its service delivery. The council seeks to continue to work in partnerships with these groups in a consistent and supportive way. To ensure that there is mutual understanding of the relationship by both parties and to help foster positive relationships between the Council and the groups by clarifying what type of help groups can expect from the Cheshire West & Chester Council and what the Council expects from those groups. The Council will develop a Community Volunteer protocol to govern the relationship between the Council and such groups. This volunteering policy will not apply to these groups. 20. Monitoring and Review It will be the responsibility of The Head of Policy, Performance, Partnerships and Transformation to review the operation of this Volunteer Policy after 12 months and bi- annually thereafter, to make sure that it is in accordance with current legislation and policy, including any Equal Opportunity Policy, the Local Compact for Cheshire West and Chester, and current best practice in relation to managing and supporting volunteers. SECTION TWO: SUPPORTING STAFF IN VOLUNTEERING This section sets out a co-ordinated approach to how we will encourage and support staff wanting to volunteer within our communities. It is acknowledged that some staff currently spend part of their leisure time volunteering with different organisations. The council also wishes to enable staff to participate in voluntary / community work during their normal working hours.

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1. Eligibility This Policy applies to all Council employees on successful completion of their probationary period. Any request for volunteering needs to be considered in terms of:

• the benefit to the council;

• the benefit to the ‘host’ organisation (e.g. community group, charity, etc.)

• the benefit to the borough of Cheshire West & Chester; and

• the personal development benefit to the employee. In addition:

• the activity must be non political;

• the activity must not disrupt or adversely affect the effective operation of the Council or service delivery;

• the activity must not disrupt or adversely affect the performance of the individual or team;

• the activity must not bring the Council into disrepute; and

• the activity must take place within the Cheshire West and Chester area. N.B. Activities in neighbouring areas may be considered and agreed at the manager’s discretion. In these instances, there must be a demonstrable benefit to either the council or the individual. 2. Application and Approval Process

Step 1: Check that you are eligible to take part. Step 2 Submit a request for the volunteering activity to your line manager.

The request should be made on the Volunteer Leave Application Form (Appendix A), detailing the activity to be undertaken; the time commitment; how the activity would benefit the borough / yourself; and the name of the organisation you wish to volunteer with. You should also comment on how this activity may impact on service delivery, workload and performance.

Step 3: Your line manager will then consider the request and confirm their

decision in writing within 10 working days of receiving the request. Your line manager may arrange to meet with you to discuss your request.

Step 4: The line manager completes section 3 of the Volunteer Leave

Application Form and sends to [email protected].

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3. Leave Allowance If formally approved, we will provide paid leave to employees who wish to undertake volunteer roles in the Cheshire West and Chester area. In accordance with the Leave Policy, the leave allowance provides:

• Up to 12 days annually for governance roles;

• 1 day annually for general volunteering roles; and

• 1 day annually for ‘one-off’ group or service area projects. a) Governance roles We will provide up to 12 days paid leave a year to employees who wish to undertake governance roles in the local area, e.g. town or parish councillor or trustee / director of a local charitable organisation. Employees who hold politically restricted posts should obtain advice from HR. Public service roles such as school governor, magistrate, etc. are covered separately by the Public Service Leave policy. b) General volunteering We will provide one day per year paid leave to employees who wish to volunteer for local organisations or at local community events. c) ‘One-off’ group or service area projects We will provide one day a year paid leave for groups of staff or service areas wishing to undertake ‘one-off’ or ‘challenge’ activities. A 'challenge' is a task, usually practical, set by or benefiting a local community or organisation e.g. painting a community hall, clearing a river, building a dry stone wall, helping an organisation fundraise, creating a children's playground, giving a Christmas party, etc. 4. Process for ‘One-Off’ Group or Service Area Projects Managers wishing to hold one-off group or service area projects will be expected to use Chester Voluntary Action’s Group Volunteering Scheme to organise and broker arrangements. The scheme is suitable for 15 - 20 people and includes Chester Voluntary Action identifying, scoping and brokering opportunities. This will include advising on risk assessments, insurance requirements and support during the event. Groups or service areas that are looking to take up this opportunity are expected to complete an application form and submit this to [email protected]. Please note there is a local charge for this service. 5. Expectations of Staff Employees whose applications are approved to undertake voluntary activity during working hours are expected to attend and meet their commitment. Employees who are unable to carry out an arranged placement must cancel any arrangements as

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soon as possible with the volunteering body and report for work as normal, book leave or notify their manager of their sickness as appropriate. As an ambassador of the Council on a volunteering placement, employees must adhere to the organisation’s policies and procedures. Volunteering activities should not bring the Council into disrepute. Any employee found in breach of the Councils policies and procedures whilst volunteering may result in disciplinary action being taken against that employee. Employees must respect the Councils confidentiality when undertaking voluntary work. This will mean being aware of sensitive or confidential information that may be disclosed during a placement. It is the employee’s responsibility to inform their manager when their volunteering arrangement comes to an end. Any abuse of the provisions of the Volunteering Policy will be deemed as serious misconduct and disciplinary action may be taken against the employee. 6. Insurance Employees will not be covered under the Council’s Insurance Policy for their voluntary work. It is the employee’s responsibility to ensure the voluntary organisation’s insurance policy provides adequate cover for them. Employees are advised to check that the organisation they are volunteering with has adequate liability cover, in particular:

• Employer Liability – covering injury to employees and volunteers arising out of activities of the voluntary organisation; and

• Public Liability – covering injury or damage to property of third parties arising out of the activities of the voluntary organisation or the voluntary activity.

The liability policies are for incidents arising as a result of negligence. Some organisations may also have personal accident cover but this would not be standard. The council will not accept any liability for staff when volunteering for an external body and for the activities or decisions they undertake in such a placement. It is the employee’s responsibility to ensure there is adequate insurance in place and that the necessary risk assessments have been undertaken. Where employees are volunteering within the council (e.g. in another service area) then the council’s own insurance and risk assessment processes apply. 7. Refusing Requests The Council reserves the right to refuse an employee’s request to carry out any volunteering work during working hours for any of the following reasons:

• Where the member of staff’s absence will disrupt the running of the service.

• There is no perceived benefit for the individual, area or council.

• Where any formal sanctions under the Disciplinary Policy has been issued.

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• Where any formal sanctions under the Attendance Management Policy have been issued.

• Where a performance issue has been identified.

• Where a volunteering leave request has been granted within the preceding 12 month period;

• Where the proposed activity is political;

• Where the proposed activity is likely to expose the Council to claims; prosecution, criticism or disrepute or cause the Council embarrassment.

• The needs of the Authority will prevail over any application for volunteering. 8. Publicity On an annual basis, the council will produce a report summarising the level and type of volunteering activity undertaken by paid staff during the year and this information will be publicised. We will also highlight via news stories or case studies some of the types of volunteering being undertaken by staff in our Contact magazine (subject to the employees agreement).

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VOLUNTEER LEAVE APPLICATION FORM

1. Personal Details

Full Name:

Service:

Directorate:

Role / Job Title:

Employee No:

Line Manager:

• I confirm that I do not have any live disciplinary sanctions or capability measures

• I confirm that I am not currently going through any stage of the Absence Procedure

• I have not been granted Volunteering Leave in the 12 months prior to this application

2. Details of Volunteering Placement

a. Name of Organisation you will be volunteering with

Insert Information

b. Full Address and telephone number of Voluntary Organisation

Insert Information

c. Contact Name at Voluntary Organisation

Insert Information

d. Nature of the Volunteering Work

Insert Information

e. Number and pattern of hours (including proposed date of Volunteering work)

Insert Information

Employee Signature

Date

Are you happy for your volunteering activity to be shared and / or reported on internally and externally? YES NO

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3. Authorisation – Only to be completed by manager

Date Application Received by Manager

Volunteer Leave Approval Yes / No

Reason for refusal if applicable

Managers Signature:

Date:

Please email a copy of the completed application form to: [email protected]

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REPORT TO EXECUTIVE

____________________________________________________________________ Date of meeting:

8 December 2010

Report of: Julie Gill, Director of Resources Executive Member:

Councillor Mike Jones

TITLE: Consultation on the 2011/12 Revenue Budget Is this a Key Decision*? No * One that affects finances over £1m or significantly affects two or more wards

1.0 What is the report about? 1.1 The following report outlines the approach to be taken to revenue budget

consultation. 2.0 What Decision is required by the Executive? 2.1 The Executive is asked to endorse the approach to revenue budget

consultation. The Executive is also asked to approve the consultation document (Appendix One to follow).

3.0 How does the Decision contribute to the Council’s Corporate Priorities? 3.1 The decision is fundamentally linked to corporate priority fourteen to “make sure that our communities can inform and influence the decisions we

take.” 4.0 Report Details 4.1 On 14 July 2010, the Executive approved the approach to consulting on a ten

year capital vision. This has taken place through the publication of a document, focus groups, meetings with stakeholders, and meetings with the public. Results are currently being analysed and will be shared with the Executive to inform decision making. The focus is now moving towards the Authority’s approach to revenue budget consultation.

4.2 The Council has a statutory responsibility to consult on its annual Budget.

Following the Comprehensive Spending Review and the financial challenges facing the Council, it is imperative that Members can take account of the views of residents and stakeholders.

Item No. 7

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4.3 It is proposed that consultation on the revenue budget will be undertaken in three main ways:

(i) The use of an online budget simulator know as “You Choose” (ii) The circulation of a public consultation document outlining the latest

thinking on the 2011/12 revenue budget (iii) Individual meetings with stakeholders to discuss the revenue options Each aspect is explained in further detail below. 4.4 “You Choose” is an online budget simulator offered to Local Authorities free

for charge the Local Government Association. It allows local people and organisations to make choices on spending and saving priorities in order to set a balanced budget. While respondents make these choices, the consequences of decisions are specified. The tool was launched on 8 November 2010 and will be online until mid-January 2010. It can be found through the Council’s website and the results of the tool can be viewed electronically at any time. Concerted efforts are being made to ensure a high response rate to the tool, particularly amongst groups and individuals underrepresented in traditional consultations.

4.5 To understand views on the Executive’s latest thinking on the 2011/12

revenue budget, it is recommended that a document is published which outlines their key proposals. Although the spending review has been published the implications for the Council’s revenue budget will not be fully known until the funding settlement for Cheshire West and Chester is received - expected on 2 December 2010. For this reason, a draft document will be presented at the Executive meeting on 8 December 2010 (Appendix One to follow). The document should not be viewed as a draft budget but will include a summary of the revenue options under consideration for each Directorate and a feedback form to allow residents and stakeholders to share their views. The intention is that this document will be published w/c 13 December until the revenue consultation closes on 28 January 2011. To encourage participation, the document will be featured prominently on the Council website, through traditional media, and hard copies will be made available in public buildings. To provide a further incentive to participate, it is suggested that respondents will be entered into a prize draw.

4.6 In January, specific meetings will be held between representatives of the

Authority and stakeholders to capture views on the revenue budget. As a general principle, existing meetings will be used. The groups consulted will include:

• Third Sector Assembly

• Local Strategic Partnership

• Minority groups

• Business Community

• Parish Councils

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• Children and Young People groups

• Schools Forum

• Community Forums

• Trade Unions 4.7 A summary of the consultation feedback will be presented to the Executive on

an informal basis in late January and a formal consultation response will be published following the setting of the Council’s 2011/12 Budget.

5.0 Officer’s Recommendations 5.1 The Executive is asked to approve: (a) the approach to Revenue Budget Consultation outlined in paragraphs

4.4 to 4.7. (b) the revenue consultation document to be circulated at the meeting

(Appendix One to follow). 6.0 Reasons for the Recommendation 6.1 To ensure that sufficient opportunity is made to allow residents and

stakeholders to influence decisions on the forthcoming revenue budget. 7.0 What will it cost? 7.1 Total costs for revenue budget consultation will total £2,000 and sufficient

budget provision is available. 8.0 What are the legal aspects? 8.1 The Council has a statutory duty to consult on its budget and a duty to involve

communities in major decisions 9.0 What risks are there and how can they be reduced? 9.1 Following a strong project management approach, no major risks have been

identified. 10.0 What is the impact of the decision on equality and diversity

issues? 10.1 Consideration has been made of engaging all sections of the community in

line with the Councils equality and diversity obligations. This will be addressed by producing documentation in alternative formats and by having targeted meetings with minority groups who are often under-represented in traditional consultations.

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11.0 Are there any other options? 11.1 The amount and method of consultation can vary and the Executive could

decide to reduce or increase the level of consultation. For further information: Executive Member: Councillor Mike Jones Officer: Laurence Ainsworth Tel No: 01244 97 7147 Email: [email protected]

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REPORT TO EXECUTIVE

____________________________________________________________________ Date of meeting:

8 December 2010

Report of: Councillor John Grimshaw, Chairman of Community Select Panel:

Executive Member:

Councillor Arthur Harada, Portfolio Holder for Education and Children and Councillor Lynn Riley, Portfolio Holder for Community and Environment

TITLE: SCRUTINY REPORT – CHILDREN KILLED OR SERIOUSLY INJURED Is this a Key Decision*? No * One that affects finances over £1m or significantly affects two or more wards

1.0 What is the report about? 1.1 At its meeting held in on 22 November 2010 the Community Select Panel

considered the report of the Task Group it had established to find out why the figures for Child Killed or Seriously Injured (KSI) on our roads had increased in 2009 to 22, compared with 12 for the previous year.

2.0 What Decision is required by the Executive? 2.1 That the recommendations to the Executive, and individual portfolio holders be

endorsed. RECOMMENDATIONS TO THE EXECUTIVE The Executive notes that there was no particular pattern to the increase in Child KSI figures for 2009 and welcomes the low number of children injured for the current year but it continues to monitor all road KSI figures, especially in those areas of highest risk. The Executive endorses the ongoing work and actions being undertaken by the Safer and Stronger Communities Thematic Partnership to provide a joined up approach to delivering safety (including road safety) and wellbeing messages to schools. RECOMMENDATIONS TO THE EXECUTIVE MEMBER FOR COMMUNITY AND ENVIRONMENT A questionnaire be devised by the Road Safety Unit and the Council’s Research and Intelligence section for primary and secondary schools to help gauge how the Council

Item No. 8

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might effectively improve engagement with schools to promote the road safety message and related initiatives. Possible methods aimed at determining the effectiveness of road safety schemes within schools be investigated.

RECOMMENDATION TO THE EXECUTIVE MEMBER FOR EDUCATION AND CHILDREN The Director of Children and Young People’s Services be requested to convey to governing bodies of primary and secondary schools the importance of road safety promotion within schools and, in order to ensure a consistent message, headteachers be encouraged to contact the Road Safety Unit before accepting any invitations from private sector organisations who wish to undertake road safety promotion at their schools. 3.0 Report Details 3.1 At its meeting held on 21 July 2010, following a request from the Overview and

Scrutiny Committee the Community Select panel set up a task group to investigate why the figures for Child Killed or Seriously Injured (KSI) had increased in 2009 to 22, compared with 12 for the previous year. Fortunately no children were killed during this period and the injuries tended to be towards the lower end of what could be classed as a ‘serious injury’.

3.2 The investigation undertaken by the Task Group showed there was no real

reason, based on the collision data, that the increase in Child KSI’s last year was a result of controllable circumstances and this could be seen as a ‘one off’ poor year. However, as far as the Panel is concerned, one serious injury is one too many and therefore education in schools targeting specific age groups would need to continue and be given a high priority.

3.3 In view of the low take up of some school road safety schemes, especially by

primary schools, the Panel agreed that governing bodies as well as headteachers, should be approached in this respect and research undertaken with schools to determine the best way to improve our engagement with them on road safety matters.

3.4 There were a number of organisations offering to provide schools with road

safety advice and that this needed to be better co-ordinated. Since the task group was set up the LSP Safer and Stronger Communities Thematic Partnership has set up a group involving officers from the Council, the Primary Care Trust, Police and Fire and Rescue Service to address the issue of how safety and wellbeing messages can be delivered to schools in an efficient and co-ordinated manner.

4.0 Officer’s Recommendations 4.1 That the report be endorsed.

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5.0 Reasons for the Recommendation 5.1 See paragraph 3.1 above. 6.0 What will it cost? 6.1 None identified, the recommendations contained in the report could be managed within

current budgets. 7.0 What are the legal aspects? 7.1 None identified 8.0 What risks are there and how can they be reduced? 8.1 N/A 9.0 What is the impact of the decision on equality and diversity issues? 9.1 Positive impact aiming to improve children’s safety on roads. 10.0 Are there any other options? 10.1 No For further information:

Executive Member: Councillor Arthur Harada, Portfolio Holder for Education and Children and Councillor Lynn Riley, Portfolio Holder for Community and Environment Chairman of Community Select Panel: Councillor John Grimshaw Officer: David Jones, Scrutiny Team Tel No: Chester (01244) 972289 Email: [email protected] Background Documents: None

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Page 40


CHILDREN KILLED OR SERIOUSLY INJURED (FINAL REPORT OF TASK GROUP)

Community Select Panel

Cheshire West and Chester Council

November 2010

Page 41

Children KSI Task Group

Page 2

CONTENTS

EXECUTIVE SUMMARY Page 3

TASK GROUP DETAILS Page 4

OUR APPROACH Page 5

• What we read

• Who we spoke to

BACKGROUND Page 6

ARE THERE ANY REASONS FOR THE INCREASE

IN RECORDED CHILD KSI COLLISIONS? Page 7

REDUCING CHILD KSI’s THROUGH

ENGINEERING MEASURES Page 8

REDUCING CHILD KSI’s THROUGH EDUCATION Page 9

CHILD KSI FIGURES TO JUNE 2010 Page 10

RECOMMENDATIONS Page 11

APPENDICES Page 12

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Page 3

1.0 EXECUTIVE SUMMARY

At its meeting held on 21 July 2010, following a request from the Overview and Scrutiny Committee the Community Select panel set up a task group to investigate why the figures for Child Killed or Seriously Injured (KSI) had increased in 2009 to 22, compared with 12 for the previous year. Fortunately no children were killed during this period and the injuries tended to be towards the lower end of what could be classed as a ‘serious injury’. We believe there is no real reason, based on the collision data, that the increase in Child KSI’s last year was a result of controllable circumstances and this could be seen as a ‘one off’ poor year. However, as far as we are concerned, one serious injury is one too many and therefore education in schools targeting specific age groups would need to continue and be given a high priority. In view of the low take up of some school road safety schemes, especially by primary schools, we agreed that governing bodies as well as headteachers, should be approached in this respect and research undertaken with schools to determine the best way to improve our engagement with them on road safety matters. There were a number of organisations offering to provide schools with road safety advice and that this needed to be better co-ordinated. Since the task group was set up the LSP Safer and Stronger Communities Thematic Partnership has set up a group involving officers from the Council, the Primary Care Trust, Police and Fire and Rescue Service to address the issue of how safety and wellbeing messages can be delivered to schools in an efficient and co-ordinated manner. The Road Safety Unit would continue to monitor the highway network and allocate any available funding through the Local Safety Schemes Programme in areas where there is an identified Child KSI problem over a 3 year period.

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Page 4

2.0 TASK GROUP DETAILS

This Scrutiny Review was undertaken by the following Task Group:

TASK GROUP MEMBERS

Councillor Bob Barton (Chairman)

Councillor Keith Board

Councillor Linda Cooper

Councillor John Grimshaw

SCRUTINY OFFICER SUPPORT: David Jones – Scrutiny Officer Tel: 01244 972289

[email protected]

For further details about this report or additional copies please contact:

Scrutiny Team Cheshire West and Chester Council Fifth floor HQ Building, 58 Nicholas Street, Chester CH1 2NP Tel: 01244 972289

www.cheshirewestandchester.gov.uk/scrutiny

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Page 5

3.0 OUR APPROACH

WHAT WE READ

� Road Safety Unit Programme 2009/2010 (148 primary schools, 43 secondary schools and college sites).

� Details of Child KSI collisions 2009 and 2010.

� Background to road safety engineering and collision investigation.

� Briefing Note from Jim Gibbons, Road Safety and Sustainable Travel Unit.

WHO WE SPOKE TO

John Stephens Director of Children’s and Young People’s Services

Sarah Collins Senior Road Safety Officer

Jim Gibbins Principle Road Safety Engineer

Richard Nickson Senior Manager - Network Strategy

John Ricketts Road Safety Team Leader – ETP

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4.0 BACKGROUND

Following a request from the Overview and Scrutiny Committee, at its July meeting the Community Select Panel set up a Task Group consisting of Councillors John Grimshaw, Bob Barton, Keith Board, and Linda Cooper to scrutinise the reasons behind an increase in the figures for Child killed or seriously injured (KSI) during 2009. National Indicator NI 48 (children) sets a target for local authorities to reduce by 50%, the number of children (under 16 years old or seriously injured in road traffic accidents by 2010 (compared with the average for 1994-1998).

In the year 2009 there was an increase in Child KSI collisions from 12 in the previous year to 22. Fortunately, no deaths were recorded in any of the 22 collisions, and the severity of all these collisions were recorded as ‘seriously injured’. We recognised that although the position in Child KSI’s increased by 55% from the previous year, the overall trend in Child KSI collisions since 1994 had fallen. It was noted in the years 2005 and 2009 the number of Child KSI collisions rose above the National Target. The trend line graph can be seen below: -

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Definition of ‘serious injury’ We noted that a ‘serious injury’ can be anything from small fractures to the more severe injuries sustained such as lacerations, amputations and injuries causing death 30 or more days after the collision. An injured casualty is recorded as serious or slight by the police on the basis of the information available at the scene of the collision and could be amended if the casualty’s status changes within 30 days of the collision. None of the casualties recorded had a life threatening injury or involved long- term physical disfigurement. To put this into perspective, one of the child pedestrian collisions that occurred in Ellesmere Port involved a child who ran back towards a bus and was hit by its mud guard. A list of severity definitions is attached at Appendix A

5.0 ARE THERE ANY REASONS FOR THE INCREASE IN RECORDED CHILD

KSI COLLISIONS?

A road traffic collision is described as a ‘rare, random, multi-factor event in which one or more persons has failed to cope with their environment’1. We looked at each of the individual 22 occurrences which mostly involved motor vehicle collisions with pedestrians or cyclists, and could not identify any particular patterns.

We did, however, recognise that 11 of the 22 child KSI collisions occurred within the Ellesmere Port area. When analysed in more detail these collisions were fairly sporadic with no real common causation factors. A 3 year study between 2007 and 2009 revealed 16 child KSI collisions in the Ellesmere Port area and again fairly spread out with no common patterns.

A UK study undertaken by Road Safety Analysis Ltd2 found that Children from deprived areas are at a far greater risk on the roads than those from richer areas. It suggested young people in deprived areas were more than five times more likely to be injured than wealthy areas such as the Borough of Kensington and Chelsea for example. Road Safety campaigners indicated that affluent children were less likely to spend time on the street as they have gardens to play in, and were driven around in cars. Children from deprived areas were more likely to live near major urban thoroughfares and to walk and ride bikes rather than being driven. Certain parts of Ellesmere Port suffer from deprivation and this could be an underlying factor in the increase of child KSI collisions. Of the 11 child KSI collisions that occurred in

1 Government Transport Research Unit

2 Road Safety Analysis Ltd is a not-for-profit company that provides road safety practitioners across

the country with accessible and effective tools for analysing crash information and incorporating market analysis techniques into intervention planning and delivery

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Ellesmere Port during 2009, there were 7 pedestrian casualties between the age range of 3 to 12 years old and 3 pedal cycle casualties aged 7, 11 and 15 years old. Only one of the child casualties was a car passenger. As not all collisions were reported to the police, in order to get a more accurate picture of road accidents, the Road Safety Unit are currently investigating the possibility of introducing a web based system whereby people can report anonymously any road accidents or near misses.

6.0 REDUCING CHILD KSI’S THROUGH ENGINEERING MEASURES

Child KSI casualties can be reduced appropriately by cost effective engineering remedial measures, if the evidence available shows common themes/patterns and not rare, random incidents in separate unrelated locations.

The Council’s resources in this respect are mainly targeted in areas where there is a known Child KSI problem that can be treated with feasible cost effective engineering solutions and can show reductions over a 3 year period. In addition to this, when analysing the highway network of the latest 3 years worth of collision data provided to us by Cheshire Police, the Road Safety Unit would also look at roads or areas involving slight child casualties and determine whether there is a common pattern.

Local Safety Scheme Programme

The 2010/2011 Local Safety Scheme (LSS) programme includes B5082 Middlewich Road (Between Rudheath High School to Victoria Road) in Northwich. During the collision investigation analysis period between 2007 to 2009, this 1km length identified 29 recorded personal injury collisions with 9 of these collisions involving pedestrians (2 Serious, 7 Slight) and 7 of these involving child pedestrians (2, Serious, 5 slight). Following a detailed investigation identifying a pattern of pedestrian collisions around Rudheath School, a number of formal pedestrian crossings are to be installed. The Safer Routes to School Team has also identified safety issues surrounding the school with the intention of providing a pedestrian crossing. The Road Safety and Sustainable Travel Unit through their LSS programme are making a contribution towards the Safer Routes to Schools project and providing additional crossings along the route.

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7.0 REDUCING CHILD KSIs THROUGH EDUCATION

We recognised that the greatest non natural risk to our children is road traffic accidents (RTA)

The largest non-natural causes of death among children and young people in the UK aged 1-19 (Parliamentary Advisory Council for Road Safety)

The Council’s team of Road Safety Officers engage with schools and targeted pupils from different age groups. They provide advice, guidance, education initiatives, training and various other types of educational activities, in order to attempt to improve children’s road safety knowledge, skills and attitude when using the highway network and highlight the dangers to them. (Updated programme attached at Appendix B).There is a general duty for schools to ensure their children are safe. Community Safety Wardens are also involved in conveying the road safety message in schools.

Most primary schools have used the Road Safety Unit’s ‘Teach our Tinies’ traffic safety project boxes and have a Junior Road Safety Officer. However, approximately only 20% of primary schools took up pedestrian and cyclist road safety schemes offered by the Road Safety Unit. Many of the schemes were dependent upon the goodwill of volunteers and the school having an active Parent Teacher Association. The Council has offered some specific road safety schemes to schools in high priority areas.

We felt that there was a need to ensure schools treated road safety as a priority. Road safety is not part of the national curriculum though in some schools road safety was included as part of Personal, Citizenship and Health Education classes.

Currently the Road Safety Unit engages with head teachers and year teachers of primary and secondary schools. The Director of Children and Young People Services suggested that it could be productive to talk to school governing bodies as well. He agreed to publicise the importance of road safety in his Termly Report to Governors and highlight the work of the Road Safety Unit. He would also investigate the possibility of including road safety within governor training events.

We accepted that there is a need to undertake further research with schools to evaluate road safety schemes and the time schools were able to be commit to the promotion of road safety. We felt that it was important to try and measure what impact various road safety schemes had on reducing road collisions. In addition, we

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believe that it is important for the Road Safety Unit to engage with young people in devising new road safety programmes.

Officers informed us that schools were often approached by a number of different organisations and agencies that promoted road safety as well as other issues that affected children and young people such as teenage conceptions, personal safety and drugs and alcohol awareness. Individual schools determine which subjects are priorities and who they wished to talk to about them.

Since the Task Group was set up, a group of officers consisting of representatives from Children’s Services, the Road Safety Unit, Community Safety, the Fire and Rescue Service, the Police and the Western Cheshire Primary Care Trust has been set up by the LSP Safer and Stronger Communities Thematic Partnership to commence a mapping exercise and assign individual agencies as lead coordinators for various topics to be promoted within schools. This followed a recognition by the Executive Member for Community and Environment that the various safety and wellbeing messages delivered to schools were not very well co-ordinated. The first meeting of the group would take place Monday 29th November 2010.

8.0 CHILD KSI FIGURES TO JUNE 2010

Collision/casualty data supplied to us from Cheshire Police shows a reduction in Child KSI’s for 2010 compared to the same period as 2009. The table below identifies between January 2009 to June 2009 a total number of 15 child KSI’s. In the same period for this year there have been 4 child KSI’s, indicating a significant comparable reduction. January to June

Yr to date

2010

3 Yr Average

2007:2008:2

009 Casualty/Collision

Month

June

2010 All Mway

Yr to Date

Jan – June

2009 All Mway

2010 vs 3

yr avg

Decrease

/

increase

%

change

Child KSI’s 0 4 0 15 10.7 0.0 -7 -63

Figures are subject to change as data is validated.

Mway denotes collisions/casualties that have occurred on the motorway.

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9.0 RECOMMENDATIONS

RECOMMENDATIONS TO THE EXECUTIVE

The Executive notes that there was no particular pattern to the increase in Child KSI figures for 2009 and welcomes the low number of children injured for the current year but it continues to monitor all road KSI figures, especially in those areas of highest risk. The Executive endorses the ongoing work and actions being undertaken by the Safer and Stronger Communities Thematic Partnership to provide a joined up approach to delivering safety (including road safety) and wellbeing messages to schools. RECOMMENDATIONS TO THE EXECUTIVE MEMBER FOR COMMUNITY AND

ENVIRONMENT

A questionnaire be devised by the Road Safety Unit and the Council’s Research and Intelligence section for primary and secondary schools to help gauge how the Council might effectively improve engagement with schools to promote the road safety message and related initiatives. Possible methods aimed at determining the effectiveness of road safety schemes within schools be investigated.

RECOMMENDATION TO THE EXECUTIVE MEMBER FOR EDUCATION AND CHILDREN The Director of Children and Young People’s Services be requested to convey to governing bodies of primary and secondary schools the importance of road safety promotion within schools and, in order to ensure a consistent message, headteachers be encouraged to contact the Road Safety Unit before accepting any invitations from private sector organisations who wish to undertake road safety promotion at their schools. RECOMMENDATION TO THE OVERVIEW AND SCRUTINY COMMITTEE That a scrutiny review of how the Council and Partner Organisations can engage with schools in a co-ordinated way in relation to supporting Personal and Social Education, including safety messages and citizenship be carried out.

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Appendix A

Casualty Definitions

Slight: ‘Where casualties have injuries that do not require hospital

treatment, or, if they do, the effects of the injuries quickly subside’

Serious: ‘records casualties who require hospital treatment and have

lasting injuries, but who do not die within the recording period for a

fatality’

Fatal: ‘any death that occurs within 30 days from causes arising out of

the accident’

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Road Safety Unit Programme 2009/10


145 Primary, (1 Infant, 8 Special, 8 Private)

43 Secondary and College Sites, (9 Special Schools, 5 Private, 7College/University sites)

Appendix B

NAME OF PROGRAMME

WHAT IS THE AIM OF IT

WHAT IT IS…. TARGETED AT DELIVERED WHERE AND HOW FREQUENT

NUMBERS PER YEAR

BARRIERS TO DELIVERY

TOTTS ( Teach our Tines Traffic Safety) Project Boxes

Children learn road safety messages specifically targeted projects linked with the national curriculum

Teach Our Tinies Traffic Safety - An introduction to road safety, designed to stimulate young children's awareness through play. A resource loan service is available to registered group (registration form available from RSU) - comprises a TOTTS box containing various packs, books, CDs and games and also a child size 'working' pelican or puffin crossing set.

Pre school and primary school pupils

6 sets are in circulation for the school terms

198 registered pre schools/ play groups

Distribution and collection of boxes is very time consuming

Junior Road Safety Officers

Get monthly road safety message into all schools delivered by pupils for pupils

Junior Road Safety Officers - a scheme involving Y6 children (usually 2 plus adult 'buddy') being appointed as road safety officers for their school. Their job is to promote road safety messages to their fellow pupils through reading out monthly bulletins, keeping a notice board and running competitions. JRSOs receive a special folder full of supporting information and also a badge.

Year 6 but all school involved

Offered to all primary schools

142 schools

Commitment of school/buddy/pupil

Lets Walk Increase children’s knowledge and understanding Prepare them to become independent road user. Encourage parents to walk to school with their children Reduce traffic and congestion at the school gate.

Pedestrian training scheme for Y3 and Y4 children. Requires volunteers from schools to train as instructors (1 day course arranged at certain times of the year) who then deliver the scheme to the children. Some areas have trained PCSOs who will come into school to do training with the children. Two part scheme :

• theory (children complete workbooks) and a supporting resource kit is available

• practical on-road training - hi-viz jackets and other equipment loaned free of charge by RSU.

Year 3/4 Offered to all primary schools

21 schools 828 pupils

School finding volunteers to train

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43 Secondary and College Sites, (9 Special Schools, 5 Private, 7College/University sites) NAME OF PROGRAMME



NUMBERS PER YEAR


Let’s Bike

Teach basic cycle skills and knowledge of traffic environment

Cycle training scheme for Y5 and Y6 children (Y5's must only undertake it at the end of Y5). Requires volunteers from schools to train as instructors (1 day course arranged in the spring) who then deliver the scheme to the children. 2 parts to the scheme - theory and practical (off-road). Theory part consists of completion of a workbook either in class or as homework. Supporting resource kit available for loan. Practical training takes place on playground or similar and consists of 6 hours of basic control skills and manouevres.

Year 5/6

Offered to all primary schools

67 schools 2167 Pupils

Schools finding volunteers to train. Staff resource to monitor schemes

Bikeability

On road cycle training starting in year six, but also available to adults.

Cycle training delivered to year 6 pupils by accredited instructors on the roads around school. Various manoeuvres and skills are developed, including negotiating parked cars, left and right turns at junctions, positioning, safety checks etc. Two day intensive training during lesson time, working alongside various curriculum subjects. Supporting resource / workbook also available to the participants. Bikeability is Cycling Proficiency for the 21st Century. It provides cycle training to enable children and adults to ride safely and well on today's roads. Cycle training is the vital life-skill required before 'more children cycling, more safely, more often' can become a reality, with all the associated benefits of better health and fitness for cyclists and less congestion for us all.

All Chester Primary schools initially, (42 schools, 900 pupils), increasing to all CWaC primary’s (142) in due course

27 schools 434 Pupils

Recruiting sufficient qualified instructors to deliver training

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Years Journey ON HOLD

Messages for parents of road safety teaching for specific ages

A spiral curriculum based on a series of pamphlets aimed at parents / carers of primary school aged children. Each leaflet provides information and key learning points appropriate to the age of the child for parents to teach their children. Leaflets are provided free of charge to schools by RSU. Order forms are sent out to all schools at the end of each academic year so orders are ready for the start of the next.

All parents/carers

Via all primary schools

Requires school to order leaflets and distribute

Making Choices ON HOLD

To prepare pupils for the transition from primary to secondary school by initiating discussion and giving advice on the road safety implications of this big step in a child’s educational life.

Dft resource consisting of a magazine aimed at Y6 children and a supporting parents' pamphlet about transferring to secondary school. Schools are also sent a set of Teachers' Notes so the magazine can be used in class as a lesson resource.

Aimed at children in their final weeks at primary school and their parents and carers

Offered to all Primary schools

The Zone ON HOLD

To provide information, activities and advice on safer cycling to address the high casualty rates amongst cyclists in the 12 – 15 age group

Cycle safety magazine for Year 7 children accompanied by a list of suggested teaching ideas for incorporating “The Zone” into the curriculum Offered free of charge to all Y7s through high schools. N.B. After our current stocks have been depleted, we will no longer be offering this magazine as it has reached the end of its shelf life although it may be updated at a later date.

Year 7 Offered to all Secondary schools

Speed Project To help children become more aware of speed and speeding issues.

A project for Y5 / 6 children looking at speed and speeding issues. Involves children conducting a speed survey using a speed gun and analysing the data / producing graphs and charts. Also explores reasons / excuses people give for speeding, the consequences of it and how authorities try to reduce speeding e.g. publicity campaigns, traffic calming, safety cameras etc. NB Due to limited staff resources this project is on hold.

Year 6 Offered to all Primary schools

Limited staff resources P

age 5

5





NAME OF PROGRAMME



NUMBERS PER YEAR


Primary school presentations 4-7 year olds 8-11 year olds

To encourage children to use roads safely, what is dangerous/ safe behavior and identify hazards on the roads. Explores different modes of transport.

2 PowerPoint Presentations provided by Road Safety Unit delivered by PCSO’s.

4-7 year olds- using roads safely, holding hands with an adult, crossing the road safely and staying safe while walking and in cars.

8-11 year olds- Different ways we use roads and pros and cons of different modes of transport. Advice on staying safe as pedestrians, cyclists and in cars. Identifies dangerous behavior and hazards on the roads.

- Crossing the road safely using the Green Cross Code and safer places to cross

- Not playing on the roads

- In car safety

Reception-Year 6

Offered to all Primary schools

Life’s Journey To introduce road safety issues to age 12-14

DVD and teachers notes on: Independent Journeys, Peer Pressure, Life savers (Emergency services). To be delivered by school staff

Year 7-10 Will be offered in the future to all Secondary schools

Lower High School Programme

To raise student’s awareness of the dangers they face on the roads and how to look after themselves by giving them a better understanding of the risks they encounter and how to minimize them when using the roads as passengers or pedestrians.

Trial programme of three presentations (Year 8,9,10) being delivered to 4 High schools by an external facilitator funded by Rural West

Year 8,9,10 Bishop Heber, Upton High, Chester, Christleton High, Neston High

2010/11 2 schools 1200 pupils

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NAME OF PROGRAMME



NUMBERS PER YEAR


High School Talk

Build on pupils’ existing knowledge and encourage pupils to think for themselves and relate to real live situations in relation to the dangers of risk-taking, particularly as these pupils are in the highest risk group for dying on roads. To encourage responsibility for others in the context of good citizenship.

PowerPoint presentation supplied and co-ordinated by Road Safety Unit. Delivered by SLO in response to requests.

Covers risks they face on the roads in vehicles and as pedestrians and cyclists. Includes information on how many teenagers are affected by death and injury on the roads and practical information on how they can all reduce their chances of being involved in a road crash.

Year 7-10 Reactive at present however will be offered to all secondary schools

Lack of presenters

Year 11 Road Show

The presentation aims to promote 4 main messages: Slow down, Wear your seat belt, Don’t drink and drive and the Consequences

The Road show is an emotive theatre education project, exploring the circumstances and consequences of a road traffic collision. Aimed at year 11 students it is coordinated by the RSU and delivered by the fire service It is preceded by a 45 minute, class size, discussion based workshop. It intends to educate Cheshire’s young drivers and their passengers about their actions and possible consequences whilst in a vehicle.

Year 11 Offered to all Secondary schools

10 schools 720 pupils

Cheers Bar To educate people on the risks of drinking and driving, particularly focusing on the impossibility of calculating a ‘safe’ alcohol limit of driving and the dangers of the morning after

A non-alcoholic bar that tours VI forms and colleges around Christmas and summer promoting the anti-drink drive message. Available on first come first served basis due to limited availability.

16 year + Schools with 6th forms,

colleges, universities, businesses

22 schools 3455 students

Needs to be manned by knowledgeable staff.

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NUMBERS PER YEAR


Year 12 Programme

To raise awareness of the consequences of irresponsible driving. To influence young people’s attitudes towards learning to drive, the driving test and the longer term skill of safe driving for life.

Brake 'Too Young To Die' (Y12), An hour-long presentation which covers the theory and practical driving tests as well as advice and help for new drivers. ‘To Drive or Not To Drive’, 45-60 minutes presentation covers Driving Licence regulations for riders and drivers, what vehicle documentation is required, driver and passenger safety, the consequences of traffic offences and the road back to ‘ L ‘ ( six points and you are back to learner status). Delivered by an officer from Cheshire Constabulary or a Road Safety Officer to either a class size audience or a whole year group.

16-17 year olds

Schools with 6th form and

colleges. YOT team and businesses

9 schools 920 students 10 schools 1645 students

Staffing issue – class size groups require several sessions per school for Brake presentation. No Barriers

Fatal Distractions

To raise awareness of the consequences of irresponsible driving including the consequences for the driver accused of causing death by dangerous driving

Teaching resource for educators based around a true life fatal road traffic collision. The DVD gives the facts of the case and shows the effects of this incident on the family of the perpetrator. Enable students to investigate the causes of one particular real life incident and the consequences of dangerous driving on the perpetrator and their family. The accompanying lesson plan allows the students to establish their own views on how these collisions can be prevented and stresses the importance of taking personal responsibility.

16-20 year olds

Figures unknown resource has been distributed to High Schools

Needs publicising

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NUMBERS PER YEAR


Year 13 programme

To enable young drivers and passengers to recognize and manage risks and make safer choices about road use

Road Safety Awareness and Enforcement Techniques (Y13) - This presentation is split into two 60 minute sessions. Road Safety Awareness covers current trends and problems on the road, traffic policing in Cheshire and collision statistics, while Enforcement Techniques explains why we have enforcement in the first place.

16-18 year olds

Schools with 6th form and

colleges


Theatre in Education

To educate young people about relevant issues such as speed, drink/drug driving and seatbelts using the medium of drama

Various plays tour Cheshire usually during the autumn term. Aimed at VI form / colleges as generally driving related. More recently also aimed at Year 7 (transitional issues) and year 9 students (seatbelts).

11-18 years old

Offered to all secondary schools over 6 weeks per year


For my Girlfriend

To discourage speeding amongst young male drivers by presenting them with the possibility that they could kill their girlfriend

The key campaign resource is a Valentine Card, which is distributed primarily through educational establishments. The card is supported by a poster, which is ideal for use in pubs and night clubs as well as educational establishments. The Valentine card has been tested among young people. Respondents admitted that, while they don't like it, the card is a powerful way to get the message across. Some road safety teams also organise local publicity events to back up the direct mail and poster activity.

Males 17-25 Once a year around Valentines Day

Funding – costs approx £6000 for the campaign

Road Skills Experience ON HOLD

To encourage a responsible, safe attitude to driving and enhance knowledge and driving techniques

A one day course consisting of a mixture of discussion and practical driving aimed at young drivers aged 17-25. Held in schools / colleges and also run as a work related driving course for employees.

17-25 year olds Offered to schools free, max 6 schools. Work related courses run on demand

Generating external clients – lack of interest,

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NUMBERS PER YEAR


Pass Plus Xtra To extend novice driver knowledge and skills beyond those learnt to pass their initial driving test. Includes drink drive session.

A theory and on-road course aimed at new drivers (usually 17-25 year olds). Held throughout Cheshire but dependent on funding being available - often funded by local road safety partnerships. Involves a two and a half hour theory session (based on RESE theory) that must be completed before the 6 on-road modules can be booked with a driving instructor from our approved list.

17-25 year olds Delivered county wide

10 courses 200 clients

Relies on funding received/agreed.

Young Drivers Project ( IAM)

Improve driving technique, increase ability and confidence and improve safety on the road.

Advanced driver programme ’skills for life’ with the Institute of Advanced Motorists, funded by the CSRP organised and administered by Road Safety Unit. In addition a cradle (skid) car training session is also undertaken.

17-25 year olds Offered to group of volunteers

17 clients 7 Passes so far

Child Seat Awareness- The Good egg Guide

Advice and guidance about safe buying and fitting of child seats

Child seat checking / advice scheme. Local garages around Cheshire have trained staff who will check whether car seats are fitted correctly / appropriate for the child - see road safety web site (downloadable leaflet) or hard copy leaflet for details of participating garages.

Parents/carers of young children

Through garages and road shows

2010/11 3 clinics 180 seat checks

Garages no longer willing to participate. Staff needs refresher courses on regular basis.

Minibus Educate drivers of their responsibility and how to manage risk. Also assess driving skills

Briefing and on-road assessment scheme for people who wish to drive minibuses on a voluntary basis.

Any driver but mainly teachers/school staff

Courses throughout the school year

7 courses 130 clients

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NUMBERS PER YEAR


Smartdrive Increase knowledge, improve and report on driver skills.

Driver training / assessment course. Flexible - can be theory only or theory and on-road assessment. There is a cost to businesses but free to community groups (except on-road assessment).

All drivers On Demand 4 courses 25 clients

Tend to react rather than proact

Set the Pace ON HOLD

Community ownership of community issue

A hearts and minds campaign to encourage local drivers to sign a commitment to drive at appropriate speeds within the legal limit. Designed to be led by communities themselves as a vehicle to highlight local concerns about speeding. Ideal to use alongside other speed reduction initiatives such as Speed Indicator Devices (SIDs). We provide all campaign materials free of charge - sign up forms, car stickers, posters. Indoor and outdoor display banners available for loan. Web page with more info including online sign up form and materials order form.

All drivers Promoted at publicity events by Fire Service

Needs admin staff to process campaign forms and send out regular newsletter. This can be reviewed and may be given to the Fire service to manage.

Polish your performance (Motorcyclists)

Increase knowledge, improve riding skills and provide assessment

Motorcycle assessment scheme. Full day ride out with an off-duty police class 1 rider who assesses client's riding ability and gives advice on ways to enhance it. Clients receive a written report and certificate on completion of the assessment. Open to riders of all experience and bike size as long as bike is capable of the national speed limit. Emphasis is given to real life needs such as positioning, hazard perception, cornering and overtaking.

All Motorcycle riders ( not mopeds)

On Demand

10 clients

Needs promotion

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NUMBERS PER YEAR


National Driver Improvement Scheme

To improve driving standards and reduce road casualties by tutoring the concept of ‘avoidability’, defensive driving and Roadcraft techniques.

One and a half day theory and on-road course aimed at drivers who have either been in a blameworthy collision or have been stopped for a due care offence where they face prosecution. Clients are referred by the police - not an open public course. Course is an alternative for prosecution but can only be taken if client has not attended another DIS course in the last 3 years.

Driver referred by Police Force.

4/5 courses per month across East & West

400 clients

Speed Awareness

To re-educate drivers on the effects and dangers of speeding

A one day theory only course aimed at drivers who have marginally broken the speed limit and have been caught doing so on camera (fixed or mobile). Clients are referred by the police - not an open public course. Alternative to prosecution / points on licence. Clients again pay a fee equivalent to the speeding fine plus admin costs.

Driver referred by Police Force.

Daily courses

7000 clients

Red Routes To raises awareness of the Road Safety problems in a specific area

An initiative launched in February 2008 that highlights routes in Cheshire that are 'High Risk Collision Routes' i.e. routes where road users are more at risk of being involved in a serious crash. Currently there are 8 routes in Cheshire designated as Red Routes. Routes are identifiable by highly visible red road signs. Top 2 routes at present are the A530 Middlewich Road (between Middlewich and Nantwich) and the A540 Chester High Road (between Heswall and Two Mills). Intensive education and publicity campaign entitled 'Look Out!' has been going on over the last 9 months on and around these 2 routes pushing key messages to drivers about what they can do to reduce their risk. Has included information leaflets and branded merchandise, safer driving courses, schools workshops, promotional stand at local venues / events.

Local Community

Continuous Publicity, courses held several times per year.

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43 Secondary and College Sites, (9 Special Schools, 5 Private, 7College/University sites) WHAT IS THE AIM OF

IT WHAT IT IS…. TARGETED AT DELIVERED

WHERE AND HOW FREQUENT

NUMBERS PER YEAR


Publicity Events To raise awareness of various road safety issues

Various events such as displays at Cheshire Show, garden centre’s, superbikes where we display and give advice and provide appropriate materials.

Local Community

Respond to requests.

Staff resources/skill

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Page 64



REPORT TO EXECUTIVE

____________________________________________________________________ Date of meeting:

8 December 2010

Report of: Director of Regeneration & Culture Executive Member:

Councillor Richard Short, Portfolio Holder for Culture and Recreation

TITLE: LEISURE OPERATIONS - SECURING EXCELLENCE AND

MANAGEMENT CONTINUITY

Is this a Key Decision*? No 1.0 What is the report about? 1.1 On 29 September 2010 the Executive made the substantive decision to

establish a Community Interest Company (CIC) to deliver leisure operations. This report sets out proposals for the governance arrangements as previously requested by Executive.

2.0 What Decision is required by the Executive? 2.1 The Executive is asked to:

1. Agree the proposed Governance structure and process for appointing the Board of Directors of the CIC.

2. RECOMMEND TO COUNCIL That:

(a) the CIC be designated as an outside body;

(b) the decision to appoint the Directors of the CIC be delegated to the

Executive; and (c) Section 7, paragraph 14.1 (Outside Bodies) of Constitution be

amended accordingly. 3. Subject to Council approval at 2 above, establish an interim Board of the CIC to include: two Elected Members, one representative from Sport Cheshire, one representative from the Health Commissioners and one representative from the University of Chester.

4. Subject to Council approval at 2 above, appoint the remaining Directors as soon as is practicable by open recruitment process

Item No. 9

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5. Subject to Council approval at 2 above, authorise the Director of Regeneration and Culture to progress the appointment of the CIC General Manager as soon as is practicable

3.0 How does the Decision contribute to the Council’s Corporate

Priorities? 3.1 Creating a new vehicle to deliver sport and recreation across Cheshire West

and Chester, will contribute to the following key corporate priorities:

• Children & Young People – providing accessible and affordable state of the art leisure provision with associated enhanced opportunity for sport and physical development.

• Adult Heath & Well-Being - increased opportunity for participation in sport and recreational activities and associated physical and mental health benefit.

• Resources & Transformation – providing long term sustainability for the leisure product and developing the potential to deliver a range of regional standard leisure product with associated social and economic benefits.

• Environmental Sustainability – potential to develop energy efficient leisure product and significantly reduce the existing carbon footprint.

• Equality & Diversity – enhanced opportunity to access and partake in a wider range of leisure and physical activity in state of the art leisure provision.

4.0 Structure of the CIC 4.1 The overall structure of the CIC is intended to be lean in terms of

management, fit for purpose and adaptable to changing circumstances. In order to take advantage of the Teckal exemption which means that the Council does not have to tender the leisure services in accordance with the Public Contract Regulations 2006, there must be 100% public sector control of the CIC.

This means that the Council must have the right within the Company’s constitution to appoint and remove Directors, with no right of appeal. The Constitution must be very much geared towards control by the Council with appropriate checks and balances on the Directors’ ability to carry on day to day business. However the directors need not be employed by the Council.

4.2 The Board of Directors is intended to include the appropriate skills necessary

to enable the CIC to deliver a high performing and efficient service based on customer needs. It is proposed to have 9 executive Directors and one non-executive Director as follows:

• Two Elected Members

• One representing Health Commissioners

• One from Sport Cheshire Page 66

• One from the University of Chester

• Three from the business community with skills in business development and marketing

• One non-executive Director representing staff at the CIC

Should Sport Cheshire, Health commissioners or University of Chester not wish to take up a position on the Board then a replacement Director would be appointed by the Executive to broadly represent a similar area of interest. Selection of the three Directors from the business community would be through a transparent process involving advertisement in local newspapers. A selection panel of the six interim Board directors would make a recommendation to the Executive on which applicants should be appointed. The non-executive Director representing staff of the CIC to be appointed by the Executive following nominations from and a ballot of staff post TUPE transfer to the CIC

4.3 The General Manager of the CIC will be recruited by the Director of

Regeneration and Culture through a competitive process from a ring-fenced group of staff currently within Leisure & Green Spaces.

5.0 Duties of Directors

5.1 The CIC is a separate legal entity and a company registered at Companies House; but controlled by the Council. The Company is shown on the balance sheet of the Council. As such, any funds controlled by the CIC are deemed to be public monies; consequently, the Directors must comply with the Public Contract Regulations 2006 which implement the European Procurement Directive The Regulations require fairness and transparency in any tendering exercises and require that tenders only be evaluated on financial, technical or legal criteria. So whilst the company as a separate entity does not need to necessarily adopt the Council’s Contract Procedure Rules it should have in place a set of procurement guidelines under which it will operate which are in conformity with the Public Contract Regulations 2006.

5.2 As a separate Company general Company law also imposes on the directors a range of duties to ensure that they act in the best interests of the Company. In addition to these general responsibilities, CIC directors are also responsible for ensuring that the company is run in such a way that it will continue to satisfy the community interest test which is overseen by the Regulator.

5.3 Subject to the above legislation, and the requirements of its Constitution as referred to above, the CIC should be able to operate with as many freedoms as possible outside the Councils policies and procedures (for example delegated levels of expenditure) in order that it can innovate and mature as a separate body. But its governance will always remain under the control of the Council.

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6.0 Advisory Groups

6.1 There are a range of interests (customers, stakeholders, non-users) who will have an interest in the way the CIC shapes its business. In order to ensure that the CIC continues to meet customer expectation it is proposed to establish advisory groups for:

• Business/ commercial activity

• Community Development

• User (and non-user) representation

These would be non-constituted forums whose purpose would be to advise on service improvement and ensure that local needs and key outcomes are taken into account by the CIC.

7.0 Officer’s Recommendations 7.1 That the Executive resolves to:

1. Agree the proposed Governance structure and process for appointing the Board of Directors of the CIC.

2 RECOMMEND TO COUNCIL That:

(d) the CIC be designated as an outside body;

(e) the decision to appoint the Directors of the CIC be delegated to the

Executive; and (f) Section 7, paragraph 14.1 (Outside Bodies) of Constitution be

amended accordingly. 3. Subject to Council approval at 2 above, an interim Board of the CIC be established to include: two Elected Members, one representative from Sport Cheshire, one representative from the Health Commissioners and one representative from the University of Chester.

4. Appoint the remaining Directors as soon as is practicable by open recruitment process

5. Authorise the Director of Regeneration and Culture to progress the appointment of the CIC General Manager as soon as is practicable.

8.0 Reasons for the Recommendation 8.1 To ensure that the CIC is constituted and established in a compliant manner,

provided with the skills and adaptability to innovate thereby providing a robust basis for improvement in the operation of leisure services.

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9.0 What will it cost?

9.1 An approved capital budget of £380K for 2010/11 has been reserved previously for the progression of the leisure review and management arrangements.

10.0 What are the legal aspects?

10.1 Some specific legal aspects are covered in paragraphs 5.1 and paragraph 6.

10.2 Paragraph 14.1, Section 7 of the Constitution states that the Executive may make appointments to outside bodies which have been designated to it by the Council from time to time. Therefore full Council must first designate the CIC as an outside body and then delegate the appointments to the Executive.

10.3 The Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) will apply to the Transfer of any Council staff who are wholly or mainly engaged in the provision of the leisure service to be operated by the CIC at the date of transfer. This means that such staff will be entitled to transfer to the CIC and that their terms and conditions of employment and continuity of service will be preserved. The TUPE Regulations contain strict requirements in respect of consultation with staff

10.4 In accordance with the Public Contracts Regulations 2006, the Council is required to procure leisure and recreation services via a competitive process. However, the Council may take advantage of an exemption to these Regulations, known as the ‘Teckal’ exemption. This is European case law such that provided the Council

• Is be the sole member/share holder of a new company; and

• Has the power of “decisive influence” over both strategic objectives and significant decisions of the chosen vehicle and the constitution of the vehicle is drafted as such

Then the need to undertake a procurement exercise to secure a new service provider is not necessary.

11.0 What risks are there and how can they be reduced?

11.1 There is a low level risk in relation to the recruitment of Directors for the CIC Board; this will be mitigated by an open and transparent recruitment process and a campaign highlighting the innovative benefits of the CIC and the Council’s aspiration within the master plan for the renewal and/or upgrade of the leisure stock.

12.0 What is the impact of the decision on equality and diversity issues?

12.1 Implementation of the Council’s decision in this matter will lead to sustained, improved services and related benefits to the local authority’s residents and leisure service users.

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13.0 Are there any other options? 13.1 The recommendations are regarded as the only option available.

For further information:

Executive Member: Councillor Richard Short, Portfolio Holder for Culture &

Recreation

Officer: Charlie Seward and Chris Cook

Tel No: 01244 972857 01244 977735

Background Documents:

Report to Executive 29th September - Leisure Investment Arrangements - Securing Excellence and Management Continuity Report to Executive 08 September 2010 - Leisure Management Arrangements - Securing Excellence and Management Continuity Leisure Stock Review – August 2010; Knight Kavanagh Page

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1

Health and Safety Report

1st

April 2009 – 31st

August 2010

Item No. 10

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Health and Safety Report 1.0 Introduction

This report covers the period 1st April 2009 – 31st August 2010 and covers the main occupational health and safety risks associated with the Council’s undertaking.

The aim of this report is to outline the key issues that have arisen over the past year and to highlight areas that need to be addressed this year. In section 12 of this report, the priorities for the year 2010 – 2011 are listed.

Throughout the report, the term ‘health and safety’ is used and should be read within the context of occupational health and safety issues for which the Authority has responsibility under both statute and common law.

2.0 Policy and procedures

A new Health and Safety Policy has been approved by Members which states the Council’s commitment to protecting the health, safety and welfare of employees and others. The policy also outlines the responsibilities of Members and officers together with the arrangements for implementing the policy. New policies for the management of asbestos and Legionella have also been approved. The Health and Safety Team are currently reviewing all the health and safety policies and procedures, and this will be completed by 31st March 2011

3.0 Organising for health and safety

The Council has a Health and Safety Team within the Resources Directorate which provides health and safety advice to Members, officers, school governors, headteachers, partner organisations and contractors.

The Team also have a Schools Business Support Agreement (SBSA) with Cheshire West and Chester schools. This provides for an annual health and safety review of all secondary, primary and special schools, plus training for school staff. During the last year, the Health and Safety Team made over 500 site visits, took over 3000 telephone calls and dealt with over 6000 e-mail enquiries.

The Occupational Health Shared Service is a Cheshire West and Chester hosted service and provides advice and guidance to managers and employees in Cheshire East, Cheshire West and Chester plus a number of external organisations including Cheshire Fire and Rescue Service.

The Occupational Health Unit deals mainly in occupational issues but is also able to respond to national emergencies such as the Swine Flu outbreak in 2009 when the Unit worked in partnership with the PCTs to vaccinate front-line staff.

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4.0 Consultation and communication

The main forum for consultation with Trade Unions and employees is the Health and Safety Committee. This meets quarterly and has the following as the terms of reference:

• To be the consultation forum for new corporate health and safety policies and procedures

• To receive information about HSE/enforcing authority visits, letters, inspections etc.

• To receive up-dates on new legislation etc and assess the impact on the Council and its employees

• To review occupational health issues

• To receive notifications of serious accidents/incidents

• To discuss partnership issues

• To monitor health and safety training

• To examine accident statistics and trends

• To receive health and safety audit information

• To monitor corporate health and safety management e.g. Council targets and priorities

• To encourage co-operation between management and staff in order to improve the health and safety of staff at work

• To actively promote an improvement in the health and safety of the working environment through the sharing of best practice and comparative data

5.0 Liaison with regulatory bodies

The Council has established good working relationships with the Health and Safety Executive and Cheshire Fire and Rescue Service.

The Chief Executive signed an agreement with the Health and Safety Executive to promote ‘Sensible Risk Management’ whereby the Council is committed to a culture of promoting health and safety in areas where there is the risk of harm to health or risk of accidents. This culture aims to eliminate the negative results of adverse press stories over recent years which portray ‘health and safety’ as a burden on the organisation’s business.

5.1 Improvement Notices – 2 Clifton Drive, Blacon In September 2009, the Council received two Improvement Notices from the Health and Safety Executive regarding a Children’s Social Care property at 2 Clifton Drive, Blacon. The property is a children’s residential centre and is occupied by 3 children with social / behavioural needs who are cared for by 3 staff on a rotational basis. The premises have been open since 2006.

In July 2008 a teenage child was placed at the property and during the period July 2008 – February 2009 he swore and verbally abused staff and exhibited sexually inappropriate behaviour towards the female staff. He also assaulted the staff and destroyed property at the house.

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The staff suffered a variety of injuries both physical and mental some of which have required hospital treatment. They felt that they had not received enough information about the child before he was placed with them, and subsequent requests for involvement with care plans and debriefs after violent incidents were ignored. Two of the care workers then went to the HSE to complain. The HSE then carried out their own investigation and subsequently issued two Improvement Notices: one requiring new policies and procedures including improved staff training and the other notice requiring a better risk assessment process. Staff from Children’s Services subsequently put new policies and procedures in place and the notices were eventually signed off by the HSE in March 2010

5.2 Improvement Notice – Tattenhall Centre

In June 2010 the HSE advised the Council that they were carrying out a national programme of inspections of LPG (liquefied petroleum gas) pipes in workplaces following a fatal explosion in Glasgow. This occurred because an underground metallic gas pipe had fractured and allowed gas to escape and then ignite. In partnership with gas suppliers, the HSE identified 2 Council properties; Tarporley High School and the Tattenhall Centre which have an LPG gas supply. The Health and Safety Team advised Tarporley High School of the inspection process and the school immediately took remedial action to replace their metallic pipe with plastic pipe, which the HSE and gas suppliers recommend. In respect of the Tattenhall Centre, the HSE found that the LPG tank was sited too close to the building so they issued the Council with an Improvement Notice to re-site the tank prior to 6th January 2011. The facilities Management Team and Health and Safety Team are working together to ensure the Notice is complied with and the risks to the buildings (and its occupiers) are reduced.

6.0 Health and Safety in Directorates / Services 6.1 Regeneration & Culture

Heath and Safety Groups have been established in Culture & Recreation, Regeneration, and Strategic Housing and Planning, along with other smaller groups.

A Safety Advisory Group for Cheshire West and Chester events has been established involving the Police, Fire and Rescue Service, Ambulance, and staff from Cheshire West and Chester Event Co-ordination, Sports Development, Highways, Civil Protection, and Health and Safety Team.

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Plans are being put forward to hold an Event Seminar for Cheshire West and Chester event organisers in early 2011 to discuss issues of planning, co-operation, co-ordination, health and safety, public safety and insurance issues.

Plans to undertake a number of safety audits in Greenspace through the Health and Safety Working Group are currently being prepared.

6.2 Community and Environment

Heath & Safety Groups have been established in Highways and Transportation, Waste Management and Streetscene.

The Health and Safety Team undertook a review of health and safety at the Rossfield Road Depot at Ellesmere Port. Having identified a range of issues, an action plan was prepared to improve a wide range of issues which included vehicle movement, parking, pedestrian safety, housekeeping, improvement in welfare facilities, and safety checks of machinery and equipment.

In April a Transport Safety Awareness Week took place at the Depot which involved members of the Health and Safety Team, Road Safety and Fleet Management, to raise the awareness of transport and site safety.

Plans to form health and safety groups in Regulatory Services and in ICT and Customer Services.

6.3 Adult Social Care and Health

A Directorate Health and Safety Group has been established to discuss matters directly relating to the work of the Directorate.

A joint exercise with Cheshire East Council regarding fire safety and evacuation issues in Elderly Persons Homes was held to resolve strategies over the evacuation of residents during the night. This particular issue was causing concern because of the limited number of staff available to effect an evacuation.

Leftwich Green Elderly Persons Home now has a ‘misting’ system (similar to a sprinkler system) and is being assessed with a view to using this system in other care homes. This should allow evacuation strategies to be adjusted to ease the burden on staff particularly at night time. Work is ongoing within Adult Social care and Health to develop this area.

Many of the health and safety procedures are now due for review so a working group has been established including representatives from Cheshire East Council and pharmacists from the Primary Care Trust (East and West PCTs) to review the existing medication procedure.

The Health and Safety Team were part of the working party with Cheshire East PCT to agree Community Safety Procedures for intermediate care, which apply to the area covered by East Cheshire PCT.

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All e-forms for health and safety have been updated and transferred to the i-west site.

Health and Safety advice was given to the department during the severe winter weather earlier in the year, and was also given in relation to the swine flu’ outbreak.

An award was made to Cheshire West and Chester Council with regard to the ‘Heart of Cheshire’ organisation no smoking campaign. This award applies to the Council as a whole but is based on the checks and procedures in place to help protect our Domiciliary Care workers from the effects of second hand smoke when visiting domestic premises which aren’t protected by the Smoke-free(Premises and Enforcement) Regulations 2006. A new draft ‘No-Smoking’ policy is being produced in the coming months which will recognise the award and re-enforce our efforts to ensure a smoke free environment for staff.

6.4 Children’s Services

Schools

Through the SBSA, 113 primary schools, 9 special schools and 16 high schools have had an Annual Safety and Risk Assessment Review carried out. High schools have also had their local exhaust ventilation (LEV) systems in Science and Design and Technology checked by a member of the Health and Safety Team.

A new contract has been agreed with the Consortium of Local Education Authorities for the Provision of Science Services (CLEAPSS) for them to be appointed as the Radiation Protection Adviser for the Authority. This will take over the service which was previously provided by the Health Protection Agency. A member of the Health and Safety Team will be taking on the role of Radiation Protection Officer and will attend the appropriate training course run by CLEAPSS. A refresher course organised by the Science Adviser and Health and Safety Team and run by CLEAPSS for Heads of Science will be held in the Autumn term regarding the management of radiation in Schools. The Health and Safety Team will then continue with the visits to schools to carry out the monitoring of the management procedures.

Training courses for schools have been booked for the autumn term which includes Managing Health and Safety in Schools, Risk Assessment Awareness and Office Safety.

Two 'Governor H&S Roles and Responsibilities for Health and Safety in Schools' courses have been delivered by the Health and Safety Team.

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Children Centres

A Service Level Agreement (SLA) has been agreed with Children and Young People for the Health and Safety Team to deliver a similar service to which the Schools buy into through the Schools Business Support Agreement (SBSA).

7.0 Accidents and incidents

Whilst managers are required to report accidents and incidents at work which result in lost working time, medical treatment or specific injuries, the most effective and consistent way to record accident data is to report on the amount of accidents that were reportable to the Health and Safety Executive under the Reporting of Injuries, Diseases and Dangerous Occurrences (RIDDOR) Regulations 1995. This then enables the Council to benchmark such data with other Councils and compare with national statistics. All RIDDOR accidents are reported to the HSE by the Health and Safety Team. The RIDDOR Regulations contain a schedule which lists the accidents and incidents which are reportable and include the following: Accidents to employees resulting in:

• Over 3 days absence from work (or unable to do their normal work for this period)

• More than 24 hours in hospital

• Fractures of major bones

• Dislocations / Amputations

• Electric shock

• Burns In addition, accidents to third parties (such as pupils, service users, visitors and contractors) are also reportable to the Health and Safety Executive if the accident is work-related and results in the injured person being taken to hospital. Many accidents to school pupils fall into this category.

Table 1: Accidents reported to the HSE 1st April 2009 – 31st March 2010

Children & Young Peoples Services

28

County Hall / HQ

2

Adult Social Care & Health

3

Environment

1

Regeneration and Culture

5

Other

2

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8

Chart 1: Accidents reported to HSE

1st April 2009 - 31st March 2010

283

2

5

2 2

Children's and YoungPeoples

Adult Social Care andHealth

Environment

Culture andRegeneration

County Hall / HQ

Other

Table 2: Accidents reportable to HSE 1st April 2009 – 31st March 2010 by type

Contact with moving machinery 1

Slip trip or fall on same level 16

Physical attack 1

Hit by falling / flying object 1

Sport 9

Fall from height 4

Playing 1

Handling / carrying 6

Trap injury 1

Other 1

Chart 2: Accidents reportable to HSE

1st April 2009 - 31st March 2010 by type

1

16

1 1

9

4

1

614

Moving machinery

Slip/ Trip / fall

Physical attack

Falling / flying object

Sport

Fall from height

Playing

Handling / carrying

Trap

Other

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8.0 Information and training

During the year, the Health and Safety Team provided information on all aspects of health and safety including:

• Health and safety law (criminal and civil)

• Accident management and investigation

• Statutory testing of machinery, equipment, ventilation systems, pressure vessels, noise levels, vibration levels, lifting equipment, radioactive sources, fire fighting equipment, electrical equipment and installations

• Approved Codes of Practice, Guidance Notes, British and European Standards

• Work-related ill-health including respiratory diseases, musculoskeletal disorders, skin conditions, blood-borne diseases, the effects of toxins and pathogens, stress at work and hand-arm vibration syndrome

• Work at height, drugs and alcohol, driving at work, pregnancy, lone working, violence/harassment,

• Personal protective equipment including hearing protection, respiratory protection, eye protection, harnesses

• Risk assessments The Team have run briefing sessions on the following

• Corporate Manslaughter

• Management of health and safety

• Legionella

• Ladder safety

The Health and Safety Intranet site has been launched and all documents and forms are being included as they become available

9.0 Partnership working

Throughout the year the Health and Safety Team worked in partnership with the following stakeholders:

• The Health and Safety Executive: o Construction Inspectors o Occupational Hygiene Inspectors o Noise and Vibration Inspectors o Health and Safety Inspectors

• Cheshire Fire and Rescue Service

• Cheshire Constabulary

• Primary Care Trusts

• Institution of Occupational Safety and Health (IOSH)

• Health Protection Agency

• The Information Commissioner

• BAM Nuttall

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• Cheshire West and Chester Council o Facilities and Asset Management Team o Risk Management and Insurance Team o Internal Audit o Regulatory Services o Road Safety Team o Safeguarding Officers

10.0 Auditing

During the year, Internal Audit carried out an audit of health and safety training in the Authority. This focussed on the various types of training being undertaken including general training (induction etc) as well as job-specific training (e.g. manual handling).

The Health and Safety Team undertake annual reviews of all schools in Cheshire West and Chester and help the school complete an Action Plan to remedy any deficiencies. The Team have recently extended this programme to Children’s Centres.

The Health and Safety Executive have carried out a number of inspections of the Council’s buildings and have focussed on:

• Management and control of Legionella

• Control of contractors

• Management of airborne bacterial pathogens

• Identification and maintenance of LPG installations 11.0 Occupational Health

Organisation Structure

The Occupational Health Unit is strategically managed by the Health and Safety Manager and is managed on an operational basis by the Occupational Health Manager (a qualified Occupational Health Nurse). The Occupational Health Manager is supported by a team of self-employed Occupational Health Doctors and a team of Occupational Health Nurses who are employed by the Cheshire East and Cheshire West and Chester Councils. These are further supported by a number of self-employed Counsellors. The administration for the whole service is based at Nexus House in Chester and further complemented by a small administration team based at the headquarters of Cheshire Fire and Rescue Service in Winsford. The aim of the Occupational Health Unit is to provide advice to managers and employees on all aspects of occupational health including management of sickness absence. To achieve this aim, the Unit has the following objectives:

• To determine the medical suitability of potential employees and advise managers of any adjustments that may be needed in order to protect the

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health and safety of the employee

• To advise managers of any medical conditions affecting potential or current employees

• To advise managers on return to work timescales for employees affected by long-term illness

• To advise managers on the prognosis of employees affected long-term illness and their on-going ability to fulfil the duties of their role

• To measure and record specific medical data relating to an employee’s occupation e.g. hearing tests, lung function tests, hand-arm vibration (HAV) tests.

• To provide advice to managers on risk assessments where medical information is required

• To promote healthy lifestyle choices and raise awareness of general health issues through campaigns and promotions e.g. awareness of strokes, heart disease, alcohol misuse etc

• To advise on specific treatments and coping strategies for employees who are managing their sickness whilst remaining in work

• To determine whether (ex)employees meet the requirements for ill health retirement under the Local Government Pension Scheme

During the year 1st April 2009 – 31st March 2010, the Unit achieved the following:

• Just under 6000 pre-employment medicals were processed;

• The doctors and nurses conducted approximately 700 medical clinics and completed approximately 7000 patient appointments;

• There were over 550 face to face counselling sessions completed during this period;

• The nurses conducted monthly stress management talks and the unit held a monthly health promotion campaign, focussing on topics such as diabetes, cardio-vascular health, epilepsy, back care, women’s health and men’s health; and

• The Unit raised £ 493406 in income and spent £622,646 therefore the contributions from Cheshire East and Cheshire West and Chester were £64,620 each.

The Unit has continued to operate in the traditional way it has done for many years, however the proposed restructuring in 2010-11 will ensure that it is better placed to meet the demands of both Councils and external customers.

The service is hosted by Cheshire West and Chester and although Cheshire West and Chester is responsible for the operational delivery of the service and the line management of all staff within the service (including those seconded from Cheshire East), the performance of the service is overseen by the Joint Officer Board and the Joint Committee of Members. The latter agrees the levels of service that should be provided and provides the strategic direction for the service to follow.

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Chart 3: Occupational Health Unit – Governance arrangements

Slide 1

Occupational Health Shared Service

Host (West) Non-host (East)

Joint Officer Board

Joint Committee

Head of Service – HR

E Murdoch - HolliesHead of HR

P Bradshaw

Service Manager

Eric Burt

OH Manager

and OH Team

Cabinet/Exec

Senior Management

Team

Cabinet/Exec

Senior Management

Team

Portfolio Holders

attend

Portfolio Holders

attend

Separate Cost Centre

Service

Liaison

‘for info’

‘Service Delivery’

Scope of host authority

Legend

End Users End Users

Long-term direction of the Occupational Health Unit

It is the intention to firmly establish the Occupational Health Unit as the provider of choice for a good quality, efficient, cost effective service. In order to consistently provide value for money, the Occupational Health Unit will bid for the occupational health contract with Cheshire Fire and Rescue Service when the current contract expires on 31st March 2011. This will ensure that the Unit continues to receive the current level of income which helps to fund the existing staffing levels. To maximise the potential for income generation, it is also the intention of the Unit to bid for the contract for the provision of occupational health services with Cheshire Constabulary when the contract (with another provider) expires in March 2012. The Unit will continue to use a variety of external occupational physicians in order to meet the needs of the service and also provide flexibility in order to meet customer needs and also meet the requirements of the new ill-health retirement rules. The Unit will continue to explore ways of providing easy access to patients by the use of flexible and mobile working.

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12.0 Priorities for 2010 – 2011

The health and safety priorities for the Council in 2010 – 2011 can be listed as follows:

12.1 Up-date and revise all health and safety policies

Whilst the Health and Safety policies and procedures of the four previous Authorities had similar policies and procedures, there were differences in the ways in which the policies were implemented. Therefore the harmonisation of policies and procedures will be an on-going task for the Health and Safety Team. This will be completed by 31st March 2011

12.2 Carry out a full health and safety audit of the Council

A full audit of the health and safety management systems for the Authority needs to be undertaken. This will focus on strategic issues including training, information to employees, management of work-related ill-health, accidents and civil claims etc. The audit will then highlight areas in need of improvement and help set the priorities for the coming year. This will be completed by 31st March 2011

12.3 Set out a health and safety training strategy for the Council

There are a number of health and safety training courses being run for Council employees, but there is no co-ordinated strategy for ensuring that there is a minimum health and safety competence level for all employees. The training strategy will detail the type of training required for employees at all levels in the organisation, as well as the job-specific health and safety training that is needed for each type of job. This will be completed by 31st March 2011

12.4 Implement the Hazardous Persons Database

There is a requirement to inform employees of hazards in the workplace and this includes members of the public and others who pose a threat to employees. A database of persons who have assaulted, threatened, harassed or intimidated our employees is being established in order that an assessment of risk can be undertaken by other Council employees prior to visiting or engaging with members of the public. The database will meet the requirements of health and safety legislation as well as comply with data protection principles. This will be completed by 31st October 2010

Eric Burt September 2010 Health and Safety Manager

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REPORT TO EXECUTIVE

____________________________________________________________________

REPORT TITLE: The North West Evergreen Fund 1.0 What is the report about? 1.1 This report seeks approval to the establishment of the North West Evergreen

Fund as the urban development fund for the Greater Manchester, Lancashire, Cheshire and Cumbria sub-regions for the purposes of the European Commission’s JESSICA initiative.

2.0 What Decision is required by the Executive?

1. To approve the proposal to establish the fund to act as the area’s urban development fund in accordance with its Investment Strategy

2. To approve in principle (subject to agreement) Cheshire West and Chester

Council becoming a Limited Partner in the North West Evergreen Fund Limited Partnership

3. To authorise the Chief Executive in consultation with the Leader to nominate from time to time a person to act as the Council’s partner representative at the annual partnership meeting

4. To approve in principle (subject to agreement) Cheshire West and Chester Council becoming a shareholder in the General Partner

5. To agree in principle (subject to agreement) to the Council’s annual contribution towards the operating costs of the fund; being a start up cost of £52k in 2010/11 and £25k per year thereafter.

6. To authorise the Director of Resources to negotiate and approve the final

terms of the agreements necessary to implement the proposals and authorise the Head of Legal Services to arrange for the execution of the final agreements on behalf of the Council.

Date of Report:

8 December 2010

Report of:

Director of Regeneration of Culture

Executive Members:

Cllr H Manley and Cllr L Ford

Item No. 11

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3.0 How does the Decision contribute to the Council’s Corporate Priorities? 3.1 Securing funding for regeneration of key sites will unlock investment and the

creation of jobs and the promotion of prosperity across the Borough. 4.0 Report Details 4.1 Manchester City Council on behalf of itself and its partners submitted a bid to

establish an urban development fund for the North West, excluding Merseyside, on 18 June 2010, following approval by the Executive at its meeting on 2 June 2010. The fund, which has been named the North West Evergreen Fund, will be established by the local authorities in the Greater Manchester, Lancashire, Cheshire and Cumbria sub-regions.

4.2 Following evaluation of the bids by the European Investment Bank it was

announced in July that the Evergreen bid had been successful and the partnership had been appointed as preferred partner. Since then the final terms of the appointment have been negotiated and this report seeks approval to the formal establishment of the fund and to the Cheshire West and Chester Council becoming a partner (subject to agreement) in the vehicle being established to act as the fund.

Background 4.3 JESSICA (Joint European Support for Sustainable Investment in City Areas) is a

European funding mechanism to promote investment in urban development projects. A North West JESSICA Holding Fund was established by the Northwest Development Agency in December 2009 utilising £50m of European Regional Investment Fund (ERDF) resources from the North West Operational Programme. This North West Urban Investment Fund (the NWUIF) will oversee the investment of the European and matched resources in projects in the region via two urban development funds (UDFs); one established for Merseyside the other for the rest of the North West.

4.4 The Evergreen fund has been appointed to act as the UDF for rest of the North

West and the NWUIF has allocated £30m of funding to this UDF comprising £20m ERDF and £10m of Single Programme money. Of this funding, £10m of the ERDF money has been ring-fenced for Greater Manchester and £10m has been ring-fenced for the Cheshire, Cumbria and Lancashire sub-regions. The Single Programme money is available to be invested across the Evergreen area.

4.5 The NWUIF has appointed the European Investment Bank to act as its agent

administering fund, which will be regulated by the terms of an Operational Agreement between the bank, and the fund. The terms of the agreement reflect the requirements of the JESSICA initiative including the EU rules governing the management of the European Regional Development Fund and the regional priorities identified for the North West in the NWDA’s North West Operational Plan (NWOP). It will be a requirement as part of the management of the fund’s operation that the ERDF requirements are observed, including the need to

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secure match funding and the NWDA’s output targets are met in relation to the regeneration of Strategic Sites and creation of employment opportunities

The North West Evergreen Fund 4.6 The Fund will be constituted as a Limited Partnership under the Limited

Partnerships Act 1907. Each authority will be a limited partner whose liability will be limited to its initial investment of £1. The partnership will be regulated by the Financial Services and Markets Act 2000 and must appoint an FSA registered body to act as Investment Manager. As part of the bid proposals CB Richard Ellis will initially perform this function with the intention that this role will be competitively procured from time to time during the fund’s operation.

4.7 The fund will initially be a loan fund providing senior and mezzanine debt

finance. This reflects the EIB’s requirements that the funding is consistent with the State aid rules. However, the NWDA, under the guidance of the EIB, has made a submission to the European Commission, which, if successful, would considerably widen the nature of the JESSICA interventions to include the provision of guarantees and equity investments.

4.8 It is important to note that Evergreen investment is not a form of Gap Funding.

Projects selected for investment by the Fund must be capable of making a commercial return so that the debt is eventually repaid and the monies recycled for future investment. This does not preclude projects, which already have an element of gap funding as part of their funding package simply that JESSICA cannot be used as gap.

4.9 The size of the Evergreen Fund will initially be £60m, comprising of the NWUIF

contribution and match funding which, spread across the four sub-regions, is likely to make a significant, yet small contribution towards future regeneration projects. The long term vision for Evergreen is, however, much more ambitious with the fund forming the cornerstone of a much wider investment fund or funds, attracting private and public investment into projects across the area. Initially, the fund will have to invest so as to secure both a return on its investment and comply with the ERDF rules and requirements. However, once the first wave of investments is returned to the fund subsequent investments can be guided by a wider investment strategy, providing Evergreen with the potential to significantly expand its scope beyond its initial area of activity.

4.10 The potential of the fund to attract additional investment is demonstrated by the

commitment in principle of the Greater Manchester and Lancashire County Pension Funds to each invest up to £50m on the projects through the fund. Initial discussions with potential partner funders have also secured an in principle commitment of a debt facility of up to £300m to complement Evergreen’s investments into projects. Taken together with the core funding this illustrates how the fund has the potential to generate a funding capacity in the North West of more than £350m.

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Investment Strategy 4.11 The Evergreen investment strategy aims to first apply the ERDF and Single

Programme money towards eligible schemes, securing the outputs and objectives of the North West Operational Programme established by the NWDA. The returns on these initial investments will then be recycled into new regeneration schemes with the aim of optimising the economic and regeneration benefits in the sub-regions, complementing and enhancing the availability of existing private funding wherever possible.

4.12 The fund will invest initially by way of senior and mezzanine debt finance

although, subject to clarification of the State aid rules will also seek to invest in other products including equity and loan guarantees in the future. The rate of interest, security and other terms and conditions of loans to projects will be determined independently in accordance with investment industry practice.

4.13 The foundation of Evergreen’s investment strategy is rooted in the region’s

Future: North West framework vision for the future, which states as an aim:

“Quality of life for the people of the North West will be excellent and the area will become more prosperous, more equitable and produce less carbon: by 2030 it will be a better place to live, learn, work, visit and invest.”

4.14 This framework reflects the sub-regional strategies including that for Cheshire

and Warrington. Together these strategies, and their successors will comprise the Integrated Plans for Sustainable Urban Development that will guide the Investment Strategy of the fund. The priority areas of investment for the fund will include:

� Creating a high employment region – Evergreen will invest in projects that will

create the conditions for businesses to grow and to attract inward investment into the sub-regions

� Investing in science research and innovation – by investing in this sector Evergreen will support growth and contribute to maintaining the region’s strong tradition of leadership in this sector

� Building on the region’s strengths in culture and media – investing in this sector to enhance the region’s strength in this sector including developing and enhancing growth in the digital/new media sector

� Supporting strong and diverse town centres - to maintain and enhance the existing centres ensuring they remain key assets to the region with the potential for high density sustainable development securing the key service functions for the local communities they serve

� Promoting a stronger and more sustainable industrial base – diversifying the business base, supporting existing successful companies and helping create more businesses of the future.

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� Ensuring sustainable sites are ready for development – supporting remediation of brownfield sites ensuring they are available for development, allowing further growth to be created.

4.15 The Investment Manager will be responsible for delivering the fund’s

Investment Strategy. The initial fund manager CB Richard Ellis is currently developing a robust project selection, risk management and pricing methodology that will allow suitable projects to be identified and brought forward for investment. This will be supported by the fund’s governance arrangements that will ensure the partners are provided with regular updates as to the fund’s performance ensuring full engagement across the sub-regions.

Governance 4.16 The fund will be established as a Limited Partnership with the local authorities

each becoming limited partners. Under this structure the liability of the limited partners for the partnership’s debts is limited to their initial contribution, which in this case will be a nominal £1. As a limited partner cannot participate in the management of a limited partnership, a separate company will be established to act as General Partner that will manage the partnership’s business. Each authority will have a share in the General Partner Company. The company’s board will comprise 3 nominees of each of the AGMA and County Area groups together with independent directors who may be appointed by the board.

4.17 The fund will appoint from time to time an FSA regulated entity to act as

Investment Manager. This body, initially CB Richard Ellis, will be responsible for the management and administration of the fund and will also appraise and approve investments into projects.

4.18 The governance arrangements will be structured to ensure that the fund

engages fully with the region’s public and private sector in order to maximise its potential to secure the objectives outlined in its investment strategy. The arrangements will include:

� The establishment of a member led strategic panel to oversee the future

development of the fund’s Investment Strategy and the performance of the fund against these targets;

� Quarterly reporting by the fund’s Investment Manager of its performance against the targets in he Investment Strategy;

� Partner engagement through their nominees at formal partnership and General Partner Board meetings; and

� Private sector engagement through an advisory body that will be made up of industry professionals and developers from the region’s private sector to support and engage with the Investment Manager through the identification and appraisal of projects.

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4.19 In addition to the fund’s governance arrangements it is anticipated that each partner authority will play an important role in developing projects in their own area, securing match funding and maximising opportunities to take advantage of the fund in the future. The fund will encourage the establishment of sub-regional structures to enable partner authorities to identify and bring forward suitable projects for consideration by the fund in the future.

Financial Contribution 4.20 Under the terms of the agreement between the fund and the EIB, the fund’s

partners must meet the operating costs of the fund. The fund’s business plan identifies an annual operating cost of £500k. The initial set up costs will also have to be met by the partners and are in the region of £1.02m.

4.21 As the fund serves equally AGMA and the County Areas it is proposed that

these costs are met by the two groups on a 50:50 basis. Thus, for the County areas (of which Cheshire West and Chester Council in part) the required contribution is £51k on establishment of the fund in December 2010 and thereafter £25k per annum commencing on 1 April 2011 and continuing until the end of the fund’s initial 5 year investment period, December 2015. At that stage partners will have the opportunity to withdraw or, in the event that the fund is continuing, maintain their involvement.

4.22 There is no obligation on the partners to contribute any further funding towards

the fund. However, the partnership does allow the partners, if they wish, to contribute funding by way of interest bearing loans, to be used by Evergreen as match funding to the NWUIF funds being invested in a project in its area. It is anticipated that any such arrangements would be developed on a case by case basis and would be subject to separate approvals within the relevant authority.

4.23 Evergreen, through its Investment Manager, will also explore other options to

attract investment into the fund. In addition to Pension funds other potential sources may include private developers and, in the longer term, other private sector institutions. In addition, Evergreen, will seek to negotiate a senior debt facility that could be deployed alongside its investments into projects. If successful this could secure significant additional resource into projects in the sub-region over and above the initial £60m core investment.

Next Steps 4.24 The parties are currently negotiating the final terms of the EIB Operational

Agreement and other key agreements, including the appointment of CB Richard Ellis as Investment Managers with the aim of completing the agreements and establishing the fund before the end of December 2010.

4.25 In order to ensure the Limited Partnership is established and registered in time

to achieve this target a limited partnership has been established with

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Manchester City Council and Lancashire County Council as its initial partners, which will be expanded to include all the local authority partners prior to establishing the fund. The remaining authorities will then be able to join the partnership by executing a Deed of Accession, which has been prepared by Eversheds on behalf of all the partners.

4.26 The first meeting of the partnership has been set for the 17 December 2010.

This will be followed by the meeting of the partnership’s General Partner, which will consider the final agreements with a view to approving the arrangements and executing the agreements.

4.27 It is a requirement of the fund that all the partner authorities secure the

necessary approvals prior to this date in order to allow the project to proceed. 4.28 Once established it is anticipated that the fund will make its first investments

into projects in the first three months of 2011. Thereafter it will actively pursue further opportunities to invest with the aim that the first wave of investments is completed as soon as possible and no later than the deadline in he EIB agreement of December 2014.

5.0 Officer’s Recommendations 5.1 The Executive is recommended:

1. To approve the proposal to establish the fund to act as the area’s urban development fund in accordance with its Investment Strategy

2. To approve in principle (subject to agreement) Cheshire West and Chester

Council becoming a Limited Partner in the North West Evergreen Fund Limited Partnership

3. To authorise the Chief Executive in consultation with the Leader to nominate from time to time a person to act as the City Council’s partner representative at the annual partnership meeting

4. To approve in principle (subject to agreement) Cheshire West and Chester Council becoming a shareholder in the General Partner

5. To agree in principle (subject to agreement) to the Council’s annual

contribution towards the operating costs of the fund; being a start up cost of £52k in 2010/11 and £25k per year thereafter.

6. To authorise the Direct or of Resources to negotiate and approve the final

terms of the agreements necessary to implement the proposals and authorise the Head of Legal Services to arrange for the execution of the final agreements on behalf of the Council.

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6.0 Reasons for the Recommendation 6.1 To optimise opportunities to secure investment in regeneration and

employment across the Borough. 6.2 This proposal presents an opportunity for the Council to become a limited

partner in a new venture which will provide much needed access to finance in an environment where public resources are severely limited

7.0 What will it cost? 7.1 As a limited partner in the fund the Council will be committed to make an

annual contribution towards the set up and operational costs of the fund. The contribution will be £51,000 upon establishment of the fund with an annual contribution of £25,000 thereafter. The annual contribution will rise annually in line with inflation.

7.2 There would be no financial consequences for the Capital Programme at this

stage. In the future there may be opportunities for the City Council to invest its own resources to provide match funding for projects in its area. Such match funding could be in the form of cash or land. This will clearly be dependent upon which projects are promoted and any investment would be the subject of a further Executive report.

7.3 Under the terms of the agreement between the fund and the EIB, the fund’s

partners must meet the operating costs of the fund. The fund’s business plan identifies an annual operating cost of £500K. The initial set up costs will also have to be met by the partners and are in the region of £1.2m.

8.0 What are the legal aspects? 8.1 The North West Evergreen Fund will operate through a Limited Partnership

under the Limited Partnerships Act 1907. Each Authority will be a limited partner whose liability will be limited to its initial investment of £1.

8.2 As a limited partner cannot participate in the management of a limited partnership, a separate company will be established to act as General Partner that will manage the partnership’s business. Each Authority will have a share in the General Partner Company. The company’s Board will comprise of three nominees of each of the AGMA and County Area groups together with independent Directors who may be appointed by the Board.

8.3 The fund will appoint from time to time, a FSA regulated entity to act as

Investment Manager. This body, CB Richard Ellis will be responsible for the management and administration of the fund and will also appraise and approve investments into projects.

8.4 The governance arrangements will be structured to ensure that the fund

engages fully with the region’s public and private sector in order to maximise its potential to secure the objectives outlined in its investment strategy.

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9.0 What risks are there and how can they be reduced? 9.1 The fund will be established as a Limited Partnership with the local authorities

each becoming limited partners. Under this structure the liability of the limited partners for the partnership’s debts is limited to their initial contribution, which in this case will be a nominal £1.

9.2 A risk associated with this proposal is that there is no guarantee that the

Evergreen fund will be directed towards investment within this Borough and that the investment required to establish the fund does not result immediately in direct benefits to the Council.

9.3 This risk is mitigated partly through the proposed Governance arrangements,

which will ensure that the Council is involved in the development of strategic priorities for the fund.

9.4 In addition to the fund’s governance arrangements, it is anticipated that each

partner authority will play an important role in developing projects in their own area, securing match funding and maximising opportunities to take advantage of the fund in the future.

10.0 What is the impact of the decision on equality and diversity issues? 10.1 Investment in the development of new business opportunities will create

opportunities for new jobs and training. It will be for the Council, working with developers and businesses to ensure that these are available to all members of the community.

11.0 Are there any other options? 11.1 The key option would be not to participate in the fund. This would reduce the

potential to secure investment for the benefit of the Borough. For further information: Officer contact: Charlie Seward – Director of Regeneration of Culture (01244 972857)

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Item No. 14

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By virtue of paragraph(s) 3, 5 of Part 1 of Schedule 12A

of the Local Government Act 1972.

Document is Restricted

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