Agenda and minutes

To sign as a correct record the minutes of the 12 December 2023 Policy Development Panel meeting (enclosed):

AGREED:

That the minutes of the 12 December 2023 Policy Development Panel meeting be signed by the Chairman as a correct record.

An update on actions which arose at the 12 December 2023 Policy Development Panel meeting and the tracking of outstanding actions (enclosed).

Consideration was given to the update on actions which arose at the 12 December 2023 Policy Development Panel meeting.

AGREED:

That the update to actions be noted.

Where a Councillor has a Disclosable Pecuniary Interest the Councillor must declare the interest to the meeting and leave the room without participating in any discussion or making a statement on the item, except where a councillor is permitted to remain as a result of a grant of dispensation.

There were none.

There were none.

To consider responses of the Cabinet to reports of the Panel. 

There were none.

There were none.

Consideration was given to the Key Decision Plan dated 24 January 2024.

AGREED:

That the Key Decision Plan be noted.

To consider the Council’s Housing Landlord Strategy 2024-2026 (report of the Assistant Director - Housing enclosed).

Consideration was given to the report of the Assistant Director – Housing, which asked members to consider the Council’s Housing Landlord Strategy 2024-2026.

The Assistant Director – Housing and the Housing Transformation Manager were in attendance for the item.

The Housing Transformation Manager introduced the report which set out the approach the Council intended to take with delivery of its Landlord Services over the next two years. The following documents were appended to the report:

• Appendix A was the Housing Landlord Strategy 2024-2026;
• Appendix B was the Housing Landlord Transformation and Improvement Programme Mandate;
• Consultation Responses were detailed at Appendix C; and
• The Equality Impact Assessment was at Appendix D.

The Assistant Director – Housing endorsed the strategy and stated that it supported the transition from being a reactive to a pro-active landlord.

Members considered the report and made the following comments:

• Members noted that a number of Housing policies would be coming forward in the next two years as a result of the new legislation, and that these were being prioritised according to need, and queried:
  • The allocated budget for this process; and
  • The timescale for completion of the HRA Business Plan.
    • The Housing Transformation Manager responded that:
      • A budget was currently in place for staffing only;
      • Where work was recommended to the Transformation Board, approval would be sought for an associated budget; and
      • Quotations for the HRA Business Plan had been requested.

• Members asked how the strategy contributed to the Council’s ‘green’ agenda.
  • The Housing Transformation Manager stated that:
    • The strategy and mandate included reference to:
      • Commitment of the council to improve the energy efficiency and performance of properties;
      • Green Home Grants that had been awarded from the Department for Levelling Up, Housing and Communities (DLUC) to improve the condition of properties; and
      • Minimum Energy Performance Certificate (EPC) standard for all council housing stock.

• Members queried the action that would be taken if residents were reluctant to accept required improvements to the building, for example, removal of coal fires for greener alternatives.
  • The Housing Transformation Manager responded that:
    • Work would be undertaken with residents to understand the reasons for resistance to the changes, for example, where residents preferred electric to gas appliances for medical reasons, a move could look to be facilitated to a property that could accommodate this; and
    • Ultimately, where a reasonable approach was not forthcoming, the council had the power to enforce changes so that the property met the legal standards;
  • The Assistant Director – Housing stated that:
    • The council’s ongoing Decent Homes Programme had reduced the amount of goal fired/solid fuel heating systems in council owned properties and further reductions would be seen when systems were due to be replaced;
    • A whole house retro-fit approach was taken in respect of improvements for the green agenda. In these cases, a Tenant Liaison Officer worked with tenants to understand concerns and assist with the transition and implementation of the legislative measures; and
    • The council had not yet needed to take ‘last resort’ enforcement action in order  ...  view the full minutes text for item 49.

To consult Members on the development of a Regulation of Investigatory Powers Act 2000 – Partnership Policy; for the South and East Lincolnshire Councils Partnership (report of the Assistant Director - Regulatory and Senior Responsible Officer (SRO) for RIPA enclosed).

Consideration was given to the report of the Assistant Director Regulatory and Senior Responsible Officer (SRO) for RIPA to consult members on the development of a Regulation of Investigatory Powers Act 2000 – Partnership Policy; for the South and East Lincolnshire Councils Partnership.

The report was introduced by the Assistant Director – Regulatory and Senior Responsible Officer (SRO) for RIPA and the following verbal introduction was provided to assist members with consideration of the item:

The Regulation of Investigatory Powers Act (RIPA) governed all public authorities in their use of covert, directed surveillance and how this tool could be used to gather evidence in the pursuit of legal proceedings. RIPA allowed a local authority to conduct the following covert, investigative activities:

·       Directed surveillance of an individual or individuals without their knowledge for a specific purpose;

·       Use of a Covert Human Intelligence Source (informant / undercover officer); and

·       To access personal communications and data such as mobile phone records, social media accounts, work IT networks and correspondence.

RIPA provided the regulatory framework which enabled local authorities to undertake lawful surveillance whilst ensuring that the rights of citizens to respect for a private family life, home and correspondence, enshrined by the European Convention on Human Rights and the Human Rights Act 1998, were protected.

Proposed surveillance activities were required to comply with the policy and could only take place following assessment that it was lawful, necessary, proportionate, and non-discriminatory.

Approval to conduct directed surveillance must have been obtained from the Magistrates Court following the initial, mandatory internal assessment of the proposed activity by an authorised officer of the Council with designated responsibilities and training to do so under the RIPA Policy.

The Investigatory Powers Commissioner’s Office (IPCO) was the regulatory body that provided oversight of public bodies in their use of RIPA. IPCO would undertake audits to evaluate compliance every three years with the onus being on the Council to demonstrate that its policy, procedures and working arrangements were compliant with RIPA and Home Office guidance.

In a recent self-assessment of the council’s RIPA operational arrangements prepared by officers and submitted to IPCO, the current working arrangements and proposals to move towards a Partnership approach to Policy and operational arrangements, were endorsed by the Commissioner.

RIPA required that a public authority appointed a SRO for the provision of professional oversight and direction to all RIPA related activity. This role would continue to be designated to the Assistant Director Regulatory under shared RIPA arrangements.

Home Office Guidance required that the SRO report RIPA related activity to elected members at least once per year and consult with members on policy changes. The report being considered at the current meeting sought to fulfil the latter of the two requirements with the former being discharged through Audit and Governance Committee.

Appendix B consisted of the following:

• The Partnership RIPA Policy document; and
• The IPCO letter which demonstrated that the Regulator was satisfied with the partnership approach to, and implementation plans of, the RIPA Policy.

Members considered  ...  view the full minutes text for item 50.

That members consider the Health and Safety Policy, following a recent review, and make recommendation to Cabinet for approval (report of the Assistant Director – Regulatory enclosed).

Consideration was given to the report of the Assistant Director – Regulatory that asked members to consider the Health and Safety Policy following a recent review, and make recommendations to Cabinet for approval.

The Assistant Director – Regulatory introduced the report and the following points were highlighted:

• The Health and Safety Policy was a mandatory requirement of all employers under the Health and Safety at Work etc Act 1974;
• The Policy set out the council’s commitment to health, safety and welfare of all employees and others who could be affected by council activities;
• The Policy needed to be reviewed periodically to ensure that it remained compliant and fit for purpose; the policy had not materially changed as a result of the review; and
• The draft Health and Safety Policy was at Appendix A.

Members consideration the report and made the following comments:

• Members asked whether staff were encouraged to log ‘near miss’ incidents.
  • The Assistant Director – Regulatory responded that :
    • Part of Health and Safety management at the council included both accident and ‘near miss’ reporting;
    • Employee training, in respect of responsibilities to report accidents and ‘near miss’ incidents, was delivered as part of the induction programme and at regular intervals thereafter;
    • Certain categories of accidents were required to be reported to the Health and Safety Executive (HSE);
    • There was an obligation for the council to keep track of  all accidents, not just the most serious;
    • Discussions and actions arising from the Health and Safety Working Group were shared with departments and also escalated to the Partnership Health and Safety Governance Group, which was chaired by the Assistant Director – Regulatory. In turn, the minutes from the partnership meeting were seen by the Senior Leadership Team and this process demonstrated the Health and Safety performance mechanism within the organisation and ensured that opportunities for learning were captured across the partnership.

• Members asked whether the policy covered issues relating to mental health, and were incidents required to be recorded.
  • The Assistant Director – Regulatory responded that:
    • Responsibilities relating to mental health were intrinsic as part of the council’s obligations and duties under the Health and Safety at Work Act and issues should be recorded;
    • Mental Health First Aiders were in place across the partnership as part of the regime to manage the wellbeing of employees;
    • The council also had an Employee Assistance Programme and employees could utilise mental health resources through Maximus; and
    • Although updates had been made to the 1974 Act, the issue of wellbeing and mental health in the workplace was still evolving in importance.

• Members asked whether resilience and conflict management training was offered to staff and whether processes were in place for managers to follow-up this type of training with employees.
  • The Assistant Director – Regulatory confirmed that, as part of statutory responsibilities, training to manage and mitigate workplace abuse or violence was provided to front-line staff and repeated at intervals. Management processes were in place as part of the overall Health and Safety management arrangements.  ...  view the full minutes text for item 51.

To note the SHDC Policy Register and the S&ELCP Policy Register (copies enclosed).

The Panel considered the SHDC Policy Register and S&ELCP Policy Register.

The Business Intelligence and Change Manager introduced the report and gave the following update:

• In respect of the SHDC Policy Register:

• • All policies due for review were either scheduled for the current meeting or a future meeting;
  • The Counter Fraud and Corruption Policy was due for review in March 2024, in respect of this:
    • Risk mapping work for the policy was underway with Internal Audit;
    • Responsibilities for this area was constitutionally attributed to the Section 151 Officer; and
    • A timeline for the presentation of a report would come forward to members at the next Policy Development Panel meeting.
• In respect of the Partnership Policy Register:
  • The governance/approval route and responsible Portfolio Holder for each policy was to be included in the register.

Members considered the update and made the following comments:

• Members noted the extra information to be included on the Partnership Policy Register and requested that the register still be clear and easy to read.
  • The Business Intelligence and Change Manager responded that a draft would be produced and circulated to the Panel for comments.

• Members queried whether the Counter Fraud and Corruption Policy included the payment card process.
  • The Business Intelligence and Change Manager confirmed that this was the case; and
  • Details of the relevant Internal Auditor would be passed to a member who wished to make further enquiries.

• Members queried a batch of policies on the SHDC Policy Register that were due for review and approval at Full Council in March 2024, which were stated as already being approved.
  • The Business Intelligence and Change Manager responded that several policies were part of the budget setting process and the dates needed to be amended according to the scheduled meetings; and
  • The policies concerned had not historically been presented to the Policy Development Panel but all policies were captured on the register for completeness.

AGREED:

That the SHDC Policy Register and the S&ELCP Policy Register be noted.

To seek Policy Development Panel’s views on the proposed HR policies prior to report to Council (report of the Assistant Director – Corporate enclosed).

Consideration was given to the report of the Assistant Director – Corporate which sought the Policy Development Panel’s views on the proposed H.R. policies prior to a report to Council.

The Group Manager – Organisational Development introduced the report and the following main points were highlighted:

• The report brought forward a new Equality, Diversity and Inclusion Policy at Appendix A; and
• Slight alterations had been made to the following existing policies:
  • Absence and Sickness Management Policy and Procedure;
  • Code of Conduct for Council Employees;
  • Disciplinary Policy and Procedure;
  • Grievance Policy and Procedure; and
  • Improving Performance Policy and Procedure.

The revised policies were detailed at Appendices B to F, however point 2.5 of the report detailed the specific changes in a table format of which members were asked to give feedback.

Members considered the report and made the following comments:

• Members asked whether the policies were sent digitally to new recruits.
  • The Group Manager – Organisational Development responded that:
    • An employee ‘onboarding platform’ had been implemented which enabled new recruits to access certain information/documents digitally prior to their commencement date, such as: contract of employment, corporate policies, and corporate strategies. The information could also be made available in hard copies and alternative formats where requested.

• Members noted the extensive process for new recruits and asked whether a similar process was undertaken when people left the organisation.
  • The Group Manager – Organisational Development responded that:
    • A set process was in place for when employees left the organisation, this included:
      • A leaver’s checklist which was forwarded to H.R.; and
      • The notification to H.R. prompted management follow-up processes such as the return of computer equipment, phone, payment cards, employee access badge, and the opportunity for an exit interview with H.R.

• Members queried which departments had the highest staff turnover.
  • The Group Manager – Organisational Development responded that a workforce report was provided by H.R. to the Senior Leadership Team, Corporate Management Team, and Workforce Development Board. The report included reasons for staff turnover and leaver information at departmental level and therefore enabled the identification of trends.

·       Members requested that where changes to policies were being considered by the Panel, that these be highlighted within the policies in the agenda pack.

AGREED:

After consideration of the report that the HR Policies be noted.

That the Panel consider this report which provides a review of the implementation of the Partnership Litter and Fly-Tipping Engagement and Enforcement Strategy which was approved in February 2023  (report of the Assistant Director – Regulatory enclosed).

Consideration was given to the report of the Assistant Director – Regulatory  which asked the Panel to consider a review of the implementation of the Partnership Litter and Fly-Tipping Engagement and Enforcement Strategy which was approved in February 2023.

The Group Manager – Public Protection and the Portfolio Holder for Public Protection were in attendance for the item.

The Group Manager – Public Protection introduced the report which detailed:

·       The impact and performance monitoring of the enviro-crime contract awarded to Kingdom;

·       The Litter and Fly-Tipping Engagement and Enforcement Strategy 2023 at Appendix A; and

·       The Litter and Fly-Tipping Engagement and Enforcement Strategy Action Plan 2023 at Appendix B

Members considered the report and made the following comments:

• Members noted that SHDC had obtained one prosecution for fly-tipping and queried how this compared with Boston Borough Council (BBC) and East Lindsey District Council (ELDC).
  • The Group Manager – Public Protection responded that:
    • Prosecutions fell into two categories:
      • Direct prosecutions, which required evidence and a court process; and
      • Through the issue of fixed penalty notices, after which the matter was considered settled unless they remained unpaid in which case prosecution may follow.
    • Regarding comparisons with BBC and ELDC in 2022/23:
      • BBC reported 10 prosecutions which reflected targeted enforcement by the use of surveillance cameras at known fly-tipping ‘hot spots’ at recycling points; and
      • ELDC had not recorded any prosecutions for that period.
  • The Portfolio Holder for Public Protection stated that the enviro-crime contract with Kingdom had led to an increase in fixed penalty notices and was working well.

• Members asked whether the act of urinating was considered a littering offence.
  • The Group Manager – Public Protection responded that the act of urinating and spitting was legally classified as a littering offence. A pragmatic approach to prosecutions would be taken which would be dependent on the circumstances.

• Members queried the penalties that applied for the dropping of chewing gum and any prevention measures that could be taken.
  • The Group Manager – Public Protection responded that:
    • A fine of £150 for littering could be imposed where such offence had been witnessed;
    • Involvement in national campaigns could be sought, such as through Keep Britain Tidy;
    • Public Protection worked closely with Environmental Services to focus on identified key issues; and
    • SHDC communication campaigns could also focus on the issue.

• Members noted the Dog Fouling Public Space Protection Order (PSPO) included in the Action Plan for 2024/2025, and queried when and where the public consultation would take place; in addition, there appeared to be a lack of public knowledge that dog waste could be placed in general rubbish bins, and therefore could relevant information be placed on the bins.
  • The Group Manager – Public Protection responded that:
    • Discussions would be made with Environmental Services regarding information stickers for bins;
    • The Dog Fouling PSPO would be district-wide and patrols would concentrate on high footfall areas, and where intelligence was received by ward members or members of the public;
    • The PSPO needed to follow a statutory process including a  ...  view the full minutes text for item 54.

To provide feedback on the proposed new Housing Damp Condensation and Mould Policy (report of the Assistant Director – Housing enclosed).

Consideration was given to the report of the Assistant Director – Housing which asked the Policy Development Panel to provide feedback on the Housing Damp Condensation and Mould Policy.

The Housing Property Services Manager and the Assistant Director – Housing were in attendance for this item.

The Housing Property Services Manager presented the report to the panel and the following points were highlighted:

·        The Housing Damp, Condensation and Mould Policy was a new policy and did not replace an existing policy;

·        Following the death of Awaab Ishak, the Housing Ombudsman had developed a spotlight report on the social housing sector response; and the Regulator of Social Housing had focussed on provider arrangements to ensure that damp, condensation and mould were a focus during inspections; and

·        The Housing Damp, Condensation and Mould Policy set out the approach that the Council intended to take as landlord when dealing with all reports of such issues from its tenants and leaseholders.

The Housing Property Services Manager also presented the following update in relation to reports and inspections:

·        In recent years, many providers had received increased reports relating to damp, condensation, and mould. SHDC had received the following reports for the period from 1 November 2023 to 31 January 2024:

o   206 new cases had been reported, of which the following categorisation has been applied.

o   13 emergencies;

o   114 urgent;

o   57 routine;

o   4 monitor;

o   14 no contact - 13 had subsequently been inspected through SHDC surveyor visits;

o   2 were new build and dealt with under the defects process; and

o   2 were unhabitable outbuildings and therefore were not assessed.

·        As at 31 January 2024, 164 inspections had been carried out and 16 inspections had been booked with tenants; 5 properties could not be accessed; and a further 17 had been passed to SHDC surveyors to visit;

·        As a result of the inspections, repairs had been raised at 120 properties, with common themes including: window seals, blocked gutters and broken or ineffective extractor fans; and advice was given as standard in all cases with literature given to the tenant regarding preventative measures;

·        24 cases had been closed, as follows:

o   15 with full agreement of the tenant;

o   3 where the tenant had refused agreement of closure;

o   2 were outbuilding only cases; and

o   4 have been closed where following inspection, the problem was classified as a repair and deemed not to fall under the damp, condensation, and mould policy; and

·        Due to recent mobilisation of the remedials contract, performance was being closely monitored to ensure Key Performance Indicators (KPIs) were met and cases remained ‘open’ until all repairs had been completed and the works signed off. 

Members considered the report and update and made the following comments:

·        Members asked how much repair work was undertaken previously in relation to damp, condensation and mould.

o   The Housing Property Services Manager responded that prior to the Awaab Ishak case, 3 or 4 cases per month were reported, however since that time,  ...  view the full minutes text for item 55.

To set out the Work Programme of the Policy Development Panel (report of the Assistant Director – Governance enclosed).

The Panel considered a report by the Assistant Director – Governance (Monitoring Officer) which set out the Work Programme of the Policy Development Panel.

The Democratic Services Officer introduced the report and the following points were highlighted:

• Appendix A set out the dates of future Panel meetings along with proposed items for consideration.
  • The Unreasonable Behaviour and Vexatious Requests Policy was moved to the 9 April 2024 Policy Development Panel meeting with the agreement of the Chairman;
  • The Dog Fouling PSPO, discussed at agenda item 14 of the current meeting, would be added to the work programme for the 9 April 2024 Policy Development Panel meeting; and
• Appendix B set out the Task Groups that had been identified by the Panel. The new Street Scene Task Group had commenced its work.

AGREED:

That the Policy Development Panel Work Programme 2023/2024 be noted.

There were none.