Decisions

A report was submitted, recommending to Council Forum that care experience be adopted as a locally protected characteristic. If approved, it would be added to the definitions already outlined in the Equality Act and the three local characteristics currently in place. These were carers, vulnerable communities and deprived communities.

Members were advised that on 11^th July 2024, the Executive Board voted to recommend to Council Forum on 25^th July 2024 that care experience be adopted as a locally protected characteristic.

Care Leavers often faced disadvantages, discrimination and stigmatisation, including in areas such as education, employment, mental health, homelessness and criminal justice. Due to these disadvantages, in May 2022, an Independent Review of Children’s Social Care recommended that the ‘Government should make care experience a protected characteristic’.

By approving the above recommendations, Blackburn with Darwen Borough Council would be acknowledging the unique challenges of those who have left care. In addition, this would provide a platform to call upon others, as well as supporting its core missions as set out in the Corporate Plan 2023-27.  

RESOLVED –

That Council Forum:

a)    Note the contents of this report and the Executive Board Decision on 11^th July 2024 titled ‘Making Care Experience a Locally Protected Characteristic’.

b)    Approve the adoption of care experience as a locally protected characteristic.

Members received a report on the updated Council Constitution.

Periodically, the Council needed to undertake a review of its Constitution. The  report submitted presented the outcome of the most recent review reflecting, amongst other matters, changes to Executive Portfolios, Management responsibilities and various changes to procedural rules.

An opportunity had also been taken to make minor administrative changes to job titles, names of legislation etc where it was considered necessary to do so. Such changes occurred from time to time so Council Forum was asked to delegate authority to the Deputy Director, Legal and Governance (as the Council’s Monitoring Officer) to make any such changes.

RESOLVED –

That Council Forum:-

a)    approve the updated Constitution provided at Appendix B;

b)    give delegated authority to the Deputy Director, Legal and Governance to make minor administrative changes to the Constitution as appropriate.

Members received an update on the final stage of the Council’s Corporate Peer Challenge following a progress review by the LGA; together with the progress report and the Council’s response to it.

Blackburn with Darwen Council invited the Local Government Association (LGA) to undertake a Corporate Peer Challenge (CPC) during the week of Tuesday 11th – Friday 14th July 2023, to provide an external perspective on the performance of the Council and its capacity to deliver on the new corporate plan and priorities.

Following on from the publication of the LGA’s final report on the Corporate Peer Challenge and the publication of the Council’s action plan at Council Forum on 5^th October 2023, which detailed the steps being taken to respond to the 11 recommendations in the LGA report, an official progress review took place on 26^th March 2024.The full progress review report was attached as an appendix to the report.

In the short position statement and RAG rated Action Plan (Red, Amber, Green) that the Council shared with the LGA ahead of the progress review, details were provided to highlight how progress was being against each recommendation. Peers recommended the Council should continue with its current approach to the implementation, monitoring and reporting on, the delivery of our Corporate Peer Challenge Action Plan.

RESOLVED -

That Council Forum:

·       Acknowledges the progress report.

·       Agrees the Council’s response to it.

·       Formally thanks the Corporate Peer Challenge team.

A report was submitted which informed Council Forum of the proposed recommendation in response to the Independent Review of the Disclosure and Barring Scheme initiated by the government in February 2022 recommending all Unitary and Upper Tier local authorities to undertake DBS checks on all elected members who were being considered for appointment to any committee involved in decisions on the provisions of children’s services or services for vulnerable adults.

As part the ongoing commitment to safeguarding and transparency within our local governance, the Council was recommended to introduce enhanced Disclosure and Barring Service (DBS) checks for all Elected Members. This new measure would bolster public trust and ensure that those in positions of authority were held to the highest standards of integrity and accountability.

Elected Members must complete the initial DBS checks within threemonths of the application being created by HR colleagues.

Given the recommendations in the Minister’s letter it was suggested to implement DBS checks for all Elected Members with a view to prioritise:

·       The Executive Board Members.

·       The Executive and Assistant Executive Members for Adult Social Care & Health.

·       The Executive and Assistant Executive Members Children’s Young People & Education.

·       The members of the Children & Young People and the Health & Social Care Overview and Scrutiny Committees

·       Those Elected Members who hold responsibility for being a member of a Schools Governing Body.

Given that Blackburn with Darwen Borough Council Elected Members were elected for a 4-year term by thirds (at each election a third of the council is elected), it is proposed that following the initial process of DBS checking all elected members, this process be again implemented once the new councillor was elected, or the existing councillor was re-elected, following the election for that councillor’s seat. Following that, Enhanced DBS checks would then become aligned with the election of a new councillor, or the re-election of an existing councillor, every 4 years.

RESOLVED –

That Council Forum:

2.1    Note the contents of this report.

2.2    Agree the implementation of undertaking Enhanced DBS checks for all elected members.

2.3    Subject to 2.2 above, as the Council is minded to implement Enhanced DBS checks for all Elected Members, agree that the Code of Conduct for Elected Members is updated accordingly.

2.4    Agree to lobby the Government to make Enhanced DBS Checks for all Elected Members a legislative requirement.

The Committee received a presentation from Jo Siddle, Michelle Holt and Cllr Julie Gunn on the priorities and objectives for 2024/25 for the Children, Young People & Education Portfolio, the aim of which was to assist the Committee in agreeing its Work Programme for 2024/25.

The main Departmental priorities were summarised as:

·       We are systemic

·       Transitions for all ages and need

·       Best start in life

·       Right support, right time

·       Stable Homes built on love

·       Reaching full potential

A key upcoming focus was the SEND Local Area Inspection, which was imminent, and the three inspection outcomes were outlined. Additionally, the ILACS Inspection was due from January 2025 onwards, which was another key focus, and the results classifications were also outlined.

The Current priorities for the Department were:

•       Embed our refreshed Corporate Parenting Partnership arrangements

•       Preparation for inspection – SEND and ILACS

•       Consolidate good practice across all areas, including assessments, visits and supervision/management oversight

•       Embedding the new Working Together guidelines

•       Delivering the Family Help Strategy

•       Fostering Recruitment Hub

•       Strengthen Children’s Services Commissioning arrangements

•       Continue drive around workforce recruitment and retention

•       Strengthen transitions into adulthood

•       Deliver on the 6 key education priorities in the School Effectiveness Partnership Strategy.

•       Deliver on the 7 key outcomes outlined in the SEND Partnership Strategy ensuring strong education, employment and training opportunities for children and young people with SEND.

Members of the Committee focussed on a number of areas, including the likely outcomes of the two main inspections, and the need to understand areas of focus and how Members could scrutinise these. Jo Siddle agreed to circulate the link to the Ofsted Handbook and the Council’s Self Evaluation to aid the Committee in its work. The LGA also had some useful scrutiny resources for Members.

Recruitment and retention of Social Workers was a key focus and caseloads of Children’s Social Workers were discussed, as was the support available to them. Targets to increase the number of Foster Carers in the Borough were also discussed, and it was noted that the situation was improving, but targets were not yet being hit. Care packages when using independent agencies were costly, and it was hoped that the next Government would follow through on the recommendations of the McCallister review. Wherever possible, children were placed within the Borough. Members also discussed Children’s Homes and placements from outside the Borough.

Members were advised of the value of the Peer Review arrangements in place, which were not mandatory, but which assisted the Council in improving its services.

In terms of Commissioning, work was in progress towards a strategy, and the North-West Framework was utilised. Other strategies being refreshed or focussed on included the Corporate Parenting Strategy, and development of a Housing Strategy for Care Leavers.

In terms of Budget Pressures, costs of foster care placements were high, as outlined, but also more complex cases were particularly costly, and it was also predicted that Home to School Transport costs, which were already rising, would double over the coming years, which was a national issue.

Cllr Julie Gunn, Jo Siddle and Michelle Holt were thanked for their contributions and then left the meeting.

The Committee discussed potential areas to scrutinise, one main topic per meeting, and the order they would be scrutinised in. It was also noted that officers would be asked to ensure that reports/presentations be made available in good time ahead of meetings, ideally at the same time as agenda dispatch.

RESOLVED –

That the Work Programme for 2024/25 be agreed as follows:

1.    Preparation for the SEND/ILACS Inspections (19^th August 2024).

2. Strengthen Children’s Services Commissioning arrangements including development of Commissioning Strategy (4^th November 2024)

3.    Transitions, including development and progress of Housing Strategy for Care Leavers (17^th February 2025).

The Minutes of the Meeting held on 12^th February 2024 were agreed as a correct record.

The Minutes of the Meeting held on 5^th February 2024 were agreed as a correct record.

Councillor Tony Humphrys raised an issue relating to one of the Care Homes referred to in Minute No. 20, advising that he had been approached by staff members who had raised concerns that extra staff had been brought ahead of the inspection by the Task and Finish Group, and Councillor Humphrys also raised an issue about one of the Care Home owners being unable to source funds from family members to assist with fee payments.

Mark Warren advised the Committee that the matter relating to the extra staff had been investigated, and discussed with the home in question, and the former Chair, Councillor Jacquie Slater had been sent the information. Mark Warren gave further details of issues in relating to wages in the sector, and the work the Council was undertaking with home owners to move towards paying the National Living Wage. There was competition from the retail and leisure sectors, and the Council was uplifting payments to try and help raise wages. Mark Warren also gave details of way residents of care homes were paid for, which involved the Council making a net payment (most Councils paid gross) and the care homes then looked to recover the remaining money from families. The Council was currently investigating moving to gross payments.