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PAPER B

Purpose: For Decision

Committee SCRUTINY COMMITTEE Date 30 JULY 2015 Title TRANSFER OF SERVICES TO TOWN AND PARISH COUNCILS Report of TRANSFER OF SERVICES SCRUTINY TASK AND FINISH

GROUP BACKGROUND

1. The Committee, at its meeting on 19 March 2015, initiated discussions on the

processes and support required to enable town and parish councils to undertake the delivery of discretionary services. Councillor Gill Kennett, Chairman of the Isle of Wight Association of Town and Parish Councils (IWALC), attended the meeting and gave an overview of the experiences of town and parish councils on this issue.

2. It was decided by the Committee to seek the views of all town and parish councils to enable a better understanding of their individual experiences.

3. Ten questions were compiled based upon those used in other areas of the country where similar exercises had been undertaken. In addition the Local Government Association/National Association of Local Councils publication Modelling devolution working together to deliver local services assisted in looking at the creation of improved working practices between principal councils and local councils.

4. Of the 33 town and parish councils on the island 19 provided a written response that was presented to the Scrutiny Committee at its meeting on 18 June 2015. In addition the Committee heard from representatives of Bembridge Parish Council, Chale Parish Council, Newport Parish Council and Yarmouth Town Council who had been invited to the meeting.

5. The Committee agreed to set up a task group to formulate relevant

recommendations based upon all the evidence provided. This would be aimed at building on the things that went well with the process and seeking improvements in other areas where difficulties have been evidenced.

6. The task group comprised of the Chairman and Vice Chairman of the Committee together with Councillors Geoff Lumley and Richard Priest. Additionally as the result of the meeting on 18 June 2015 an approach was received from Councillor Gill Kennett, Chairman of IWALC and

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Emma Goldring, Clerk of Bembridge Parish Council, Maxine Yule, Clerk of Newport Parish Council to help the task group.

7. A meeting took place between the task and finish group on 9 July 2015 and was attended by Councillors Dave Stewart, Stuart Hutchinson and Richard Priest. Councillor Geoff Lumley was unable to attend as he was away. In addition the Chairman agreed that it would be beneficial to invite Emma Goldring, Clerk to Bembridge Parish Council, Maxine Yule, Clerk to Newport Parish Council and June Davison, Vice Chair of the IW Association of Local Councils to attend.

KEY ISSUES CONSIDERED 8. The task and finish group looked at the following separate key issues that had

been highlighted as the result of the consultation exercise with the town and parish councils :- (a) Value for money

Concern was expressed that the transfer of services just pushed the same costs from the Isle of Wight Council precept to the parish/town council precept without any cost efficiencies or more effective service delivery. The concept of best value for money appears not to have been factored in to the decision making process.

(b) Detailed information on costs and service There was a delay in supplying information for each town and parish council regarding costs, services involved and timeframes. There was a lack of follow up actions after initial discussions and difficulties in being able to contact the lead council officer by telephone. Difficulties were also encountered with the same message being delivered by both council members and officers. The severity of the Isle of Wight Councils financial position was not fully appreciated by all town and parish councils.

(c) Capacity within the Isle of Wight Council

There were capacity issues for those council officers dealing with the proposed transfer of services. The help and advice that the town and parish councils received was however welcomed. It was appreciated the pressures that these were under due to the different demands being placed upon them. The IW Association of Local Councils indicated that it would have been easier for one officer within this Council to act as the main contact point between all councils. Town/parish councils were aware of the work being undertaken by the Councils transformation team. It was believed that the skills within this could be used to assist in the development of an effective and efficient transfer process for services to town and parish councils.

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(d) Cluster working There can be financial and practical benefits from partnership working. Whilst recognising the skills and experience within each town/parish council there should be encouragement to look at clustering/federation to assist with the delivery of services.

(e) Use of council assets Town and parish councils were unsure as to what assets the Isle of Wight Council had in each area. There was knowledge of these when looking at the transfer of services but there was a need to widen this to include all assets so that discussions could take place on others where there could be an increased community benefit if these were under more local control and management. Similarly all town and parish councils could provide the Isle of Wight Council with a list of all their assets.

(f) Procurement and contract monitoring

Town and parish councils indicated that within any future framework the process for procurement and contract management should be included. This will ensure consistency and clarity for both those wishing to undertake service delivery, those in receipt of the service and compliance with standards expected.

(g) Legal advice and documentation

One of the biggest criticisms made by town and parish councils was the timescales for completing the necessary legal documentation for the transfer of services/assets. Included within this was the responsibility for the Isle of Wight Councils legal costs which in some cases fell upon the individual town/parish council to pay in addition to paying for their own legal costs. There was also clarification required as to future public liability for assets and services transferred to town/parish councils.

(h) Pump priming and use of contingency fund. It was noted that in some parts of the country pump priming money had been made available to town/parish councils for the set up costs of equipment required to undertake certain services. During initial discussions on the transfer of services mention was made of a 2m contingency fund being available. Details as to if and how this could be used were not made clear.

(i) Parish Protocol

There was discussion on the implementation of the Parish Protocol which had been approved by the Executive on 8 April 2014. When the

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Scrutiny Committee considered this matter at its meeting on 3 April 2014 it recommended That the revised protocol be supported but a future review should include the process for town and parish councils consulting the Council on key operational and policy issues where services are being delivered to the public by them. Given the transfer of services being undertaken there was a need to undertake such a review in the light of recent practical experiences. The town and parish councils strongly believed that many of the key points were not being observed. The town and parish council representatives at the meeting with the task group referred to the motion at full council on 8 July 2015 relating to rural bus services. They highlighted the need for them to be given sufficient time to enable consideration to be given, by each council affected, the ability to contribute towards the continued operation of these.

OUTCOMES 9. As the result of all the evidence provided to the task and finish group a range

of recommendations have been formulated. It is intended that once these have been approved by the Scrutiny Committee they will be forwarded to the relevant Executive member with a request that a response to these be provided in sufficient time for submission to the 22 October 2015 committee meeting. (a) In the transfer of services it is essential to demonstrate that value for

money is being achieved by all partners which stand up to robust auditing arrangements

(b) That a process be agreed for the transfer of services, including a

frequently asked questions element, and that the framework document previously produced by the councils parish support team should be looked as part of this exercise.

(c) The appointment of a nominated officer as the initial point of contact

within the council be noted as a step towards ensuring improved liaison with town and parish councils. Consideration should be given to using the Councils transformation team to assist with the development of an effective and efficient transfer process for services and this should include a specific joint working group with town and parish council representatives to look at current and future devolved services.

(d) That whilst respecting the individual nature and identity of each town

and parish council encouragement should be given to increased collaborative working on the delivery of services to the wider community

(e) That a list of all council assets be supplied to the town and parish

councils so that consideration can be given by them to the possibility of

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any suitable facility being utilised for improved community use and a similar list be supplied by town and parish councils to the council on the assets that they hold

(f) That steps be taken to ensure that councillors and council officers use

the same information and the benefit of having regular liaison meetings with representatives of town and parish councils be considered.

(g) That there should be an agreed process for procurement and contract

management to ensure consistency and clarity for both those undertaking the service delivery and those in receipt of this

(h) Clarity should be provided as to the availability from the council of both

capital and revenue pump priming and whether use can be made of the councils contingency fund

(i) The aspect of future public liability should be included as part of any

work undertaken by the transformation team into processes so this is clear to all parties prior to the transfer of any services/facilities

(j) As part of any work undertaken by the transformation team there is a

clear understanding for town and parish councils of the legal process and costs involved together with such work being completed within reasonable timescales

(k) That concern be expressed that the council does not appear to be fully

implementing the content of the parish protocol and the executive be recommended that an urgent review should be undertaken of this to see if amendments need to be made in the light of recent experience and ensure that it is fit for purpose taking into account best practice elsewhere in the country

(l) In respect of the motion at full council regarding financial support for

rural bus services the executive should ensure that town and parish councils are given sufficient time to undertake proper consultation should they wish to consider taking over the responsibility for their future operation

OPTIONS 10. The Committee can :-

(a) Approve all the recommendations of the task and finish group for submission to the Executive member for a response.

(b) Reject one or more of the recommendations of the task and finish

group.

(c) Amend one or more of the recommendations of the task and finish group.

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RECOMMENDATIONS TO THE EXECUTIVE MEMBER :-

(a) In the transfer of services it is essential to demonstrate that value for money is being achieved by all partners which stand up to robust auditing arrangements

(b) That a process be agreed for the transfer of services, including a frequently

asked questions element, and that the framework document previously produced by the councils parish support team should be looked as part of this exercise.

(c) The appointment of a nominated officer as the initial point of contact within the

council be noted as a step towards ensuring improved liaison with town and parish councils. Consideration should be given to using the Councils transformation team to assist with the development of an effective and efficient transfer process for services and this should include a specific joint working group with town and parish council representatives to look at current and future devolved services.

(d) That whilst respecting the individual nature and identity of each town and

parish council encouragement should be given to increased collaborative working on the delivery of services to the wider community

(e) That a list of all council assets be supplied to the town and parish councils so

that consideration can be given by them to the possibility of any suitable facility being utilised for improved community use and a similar list be supplied by town and parish councils to the council on the assets that they hold

(f) That steps be taken to ensure that councillors and council officers use the

same information and the benefit of having regular liaison meetings with representatives of town and parish councils be considered.

(g) That there should be an agreed process for procurement and contract

management to ensure consistency and clarity for both those undertaking the service delivery and those in receipt of this

(h) Clarity should be provided as to the availability from the council of both capital

and revenue pump priming and whether use can be made of the councils contingency fund

(i) The aspect of future public liability should be included as part of any work

undertaken by the transformation team into processes so this is clear to all parties prior to the transfer of any services/facilities

(j) As part of any work undertaken by the transformation team there is a clear

understanding for town and parish councils of the legal process and costs involved together with such work being completed within reasonable timescales

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(k) That concern be expressed that the council does not appear to be fully implementing the content of the parish protocol and the executive be recommended that an urgent review should be undertaken of this to see if amendments need to be made in the light of recent experience and ensure that it is fit for purpose taking into account best practice elsewhere in the country

(l) In respect of the motion at full council regarding financial support for rural bus

services the executive should ensure that town and parish councils are given sufficient time to undertake proper consultation should they wish to consider taking over the responsibility for their future operation

BACKGROUND PAPERS Isle of Wight Council Constitution Parish Protocol Agenda and minutes of the Scrutiny Committee 19 March 2015 and 18 June 2015 Contact Point: Paul Thistlewood, Scrutiny Officer 821000 ext 6321 e-mail paul.thistlewood@iow.gov.uk

COUNCILLOR DAVE STEWART TASK GROUP LEAD MEMBER

COUNCILLOR STUART HUTCHINSON COUNCILLOR RICHARD PRIEST