minutes of the Joint Councils' Meeting
Joint Councils' meeting
7th April (09)
Held at Hillingdon Civic Centre
Present
David Simmonds ( Chair)
Chris Spencer
Graeme Trott
Anne Plummer
Carey Baff
Natalie Yost
Mary Blanche
Paul Carter
Peter Gilroy
Gavin Jenkins
David Holdstock
Nicola Rea
Karen Goodman
Susan Ellery
Andy Couldrick
Fran Fonseca
Gail Martin
Debbie Shannon
Apologies
Anthony Lillis
Ken Meeson
Les Lawrence
Geoff Alltimes
Item |
Discussion |
Actions |
1 Welcome and introductions |
Introductions made and apologies given |
|
2 Minutes and Matters arising |
Previous minutes agreed as accurate. |
|
3 Update on current financial position |
David Simmonds suggested that all authorities shared frustration about the current position. Having been told that funding would be available as in previous years, this has not proved to be the case and a significant number of over 18s now lay outside the grant regime. This not only produces a shortfall but also causes bureaucracy in trying to prove claims and claims are not paid in part whilst the disputed ones are negotiated. Indirect costs are not included and this can also cause problems for some authorities. There is a need to establish the total level of indebtedness for 08/09 The group discussed the conflict between childcare and immigration law and the need to resolve this. David put forward a proposal to suggest a legislative change moving the responsibility for post 18s to UKBA from local authorities. There was agreement that this should be explored. |
Kent to send out questionnaire and collate results. MB to coordinate
Hillingdon to draft report on how this could be achieved. CS/GJ . All Comments on this proposal to Hillingdon Kent to arrange meeting with Damien Green, Shadow immigration minister NY/ PC |
4 Current Immigration Issues |
Grant Jenkins led this item. There has been a judicial review between Hillingdon and Liverpool centring on assessment and the discharge of the Local authorities' duty. The judgement was that an assessment needed to take place before the wishes of the child could be taken into account. This illustrates the legal complexities of local authority responsibilities. |
|
5 UASC Reform Programme |
The programme is on its fourth manager and no progress has been made. Authorities who are prepared to work up a bid are being offered £10000 to do so. 6 authorities have put in a bid. Problems remain with funding though and Peter Gilroy suggested the group could work on a proposition of making a bid for financing, not per child, but on a global basis . Suggested this is worked into a paper with the proposed legislative changes to put to UKBA. Previous work done on costs formula may be useful |
Kent to lead on drafting the paper with legislative input from Hillingdon. PG/ MB to coordinate
Hillingdon to circulate CS |
6 Age Assessment |
Karen Goodman outlined the judicial review on age assessment and the medical role. Judgement is currently reserved. |
Meeting agreed that this was an issue for the ADCS/ ADASS Taskforce on asylum. |
7 Future lobbying strategy |
Discussion included how we ensure the LGA Members Taskgroup and the Regional Partnerships on Migration were aware of the concerns around UASC. |
All to alert MPs to issues |
8 Next Steps |
These are
|
KCC to organise
Hillingdon/ KCC
All
KCC/ Hillingdon to coordinate |
9 A.O.B. |
No items raised |
|
Draft Minutes from Joint Council Meeting - Held at Kent County Council
14th October 2008
In Attendance:
Cllr Paul Carter - Kent County Council (Chair)
Andy Ferguson - Hammersmith and Fulham
Alen Renshall - Liverpool County Council
Susan Ellery - West Sussex
Carey Baff - Birmingham County Council
Simon Bentley- Solihull
Amanda Honey-Kent County Council
Chris Spencer - Hillingdon
Cllr David Simmonds - Hillingdon
Julian Windsor - Hillingdon
Cllr Paul Lynch - Hounslow
Cllr Louise Chapman - Oxfordshire County Council
Fran Fonseca - Oxfordshire County Council
Keith Abbott - Kent County Council
Wayne Gough - Kent County Council
Minutes:
Item 1 - Introductions
Item 2 - Minutes
The Chair commented on the good level of support received following the House of Lords briefing, in particular from the 3rd sector.
Hillingdon updated the meeting on counsel opinion. They had found that the legal advice was that all legal options had been exhausted.
The Chair outlined the developments since the last meeting, and the agreement that had been reached with Liam Byrne, before his move from the Home Office
Item 3 - Update on current financial position and offers received
Hillingdon: Under 18s - had received what they claimed for 06/07. Nothing yet for 07/08. In total they had only received about 25% of historic claim. Over 18s was an issue, especially around the effects of naturalisation
Liverpool: Have been told they can claim for previous 2 years, but no resolution as yet. Have received around £1.4 million against under 18s from previous years.
Hammersmith & Fulham: Full settlement for Under 18s for 06/07
W.Sussex: no figures, but making small surplus from grant for team at Gatwick.
Oxfordshire - Asked for criteria used to judge claims, and their offer was doubled. Like most areas still awaiting settlement for 02-07
Solihull - 06/07 Full settlement. No figure for 07/08
Birmingham - Only £30k difference between claim and settlement. Getting about 5 new UASC per month, 140 in total at present.
Kent - U18 06/07 settled in full. 07/08 nothing so far. Approx £10million claimed, so far offer is at about 25% of this. At the moment Kent is accruing £4-5million in current year in addition to money owing.
In terms of trend Kent were receiving 50% more referrals than this time last year (mainly from Afghanistan and Iraq). Hillingdon, Fulham and Liverpool all reported a reduced number (Liverpool by 40%).
It was noted that the approximately 30% of new claims were knocked back, and that councils are now expected to claim individual by individual.
A further issue was raised concerning naturalisation. Once a UASC becomes a naturalised citizen then they are no longer seen as an UASC and therefore the grant is no longer available, however the care need still remains, e.g Leaving Care responsibility still falls on the council. Hillingdon has done some work on assessing this impact, and predict it could run to millions.
The group also discussed continuing issues accompanied asylum seekers, and other categories e.g Indefinite Leave to Remain (ILR). There was general agreement that what is really needed is a simple funding formula that funds full service provision for children not from the UK.
Item 4 - Discussion on Participation in UASC Reform
There was agreement that until the issues of funding is finalised that none of the councils would engage with the UASC Reform, nor apply for specialist status.
Item 5 - Next Steps
As discussed above - no councils will engage with UASC Reform until issues of funding finalised.
A letter should be sent to Phil Woolas, the new minister by Friday 17th Oct.
Kent (Keith Abbott) will lead, in conjunction with Hillingdon & Birmingham.
The letter should:
Outline that the councils would like to confirm the agreement that was struck with the previous minister.
Outline the historic position
Outline a rough cut of position for current year
Invite Minister to meet with some of the authorities involved and to discuss possible solutions.
Outline that the councils would not feel able to engage with UASC reform until issues of funding are finalised
The letter should be copied to 3rd sector, LGA, Association of London Councils, MPs
Mr Carter will contact LGA (John Ransford and Roger Lawrence) to outline this approach, whilst Cllr Simmonds will contact the Association of London Councils
All Councils to push a consistent message in their encounters with relevant authorities
Councils to continue to meet to collectively discuss reform programme
Hillingdon paper on predictive cost of specialist status to be circulated to the group
in a future meeting the councils should discuss a definitive way of costing services for the future - e.g should costs other than social care be included (housing, health , legal etc)
Draft
Action notes from Joint Council's meeting held in Oxford
20th February 2008:
Present: |
Graeme Trott - Hammersmith and Fulham Andy Ferguson - Hammersmith and Fulham Alen Renshall - Liverpool County Council Susan Ellery - West Sussex Mary Blanche - Kent County Council Carey Baff - Birmingham County Council Cllr Ken Meeson - Solihull Anne Plummer - Solihull Peter Gilroy -Kent County Council Cllr Paul Carter - Kent County Council Colin Elliot - Manchester City Council Natalie Yost - Kent County Council Chris Spencer - Hillingdon Cllr David Simmonds - Hillingdon Cllr Paul Lynch - Hounslow David Robertson - Oxfordshire County Council Andy Couldrick - Oxfordshire County Council Cllr Louise Chapman - Oxfordshire County Council Janet Tomlinson - Oxfordshire County Council Fran Fonseca - Oxfordshire County Council
|
Notes of meeting
It was decided by those present at the meeting that the formal agenda would be dispensed with as the major topic of interest to the group was the recent offer of partial settlement by the Home Office. Paul Carter and Peter Gilroy outlined the offered settlement which had been suggested to them in the previous week. The offer from the Home Office was to pay 70% of the deficit money owed to all the members of the joint council but there was no corresponding offer in relation to the deficit in the DCSF grant. If all the authorities had been happy with this suggestion, the Home Office would have written to all authorities outlining a formal offer.
Action: It was agreed not to take this informal offer further. Kent to lead on drafting letter refusing the informal offer. This will be circulated.
Several courses of action were debated. These included looking again at the possibility of judicial remedy, looking at involving MPs in a Ministerial meeting, all authorities to take the opportunity to publicise their position with Members and others who may be able to influence the situation. It was noted that this is an issue which has implications for social cohesion.
Action:
All to look at who they can influence within their local area.
Hillingdon to lead on seeking counsel opinion
Letter to be sent to Audit Office enclosing audit and professional paper. Kent to lead.
It was noted that the Home Office were keen to engage many authorities around the table as specialist authorities as part of the UASC reform programme. There was some debate about the fact that, whilst this could be useful to us, the Home Office may also look at penalties if local authorities did not agree to participate.
It was suggested that a House of Lord's briefing involving Ministers (if possible) MPs and others such as voluntary agencies and the Children's Commissioner would be a good idea. The briefing would include-
A presentation on the unaccompanied care leavers and asylum seekers paper
A report by PWC on their recent audit of four authorities.
A third presentation looking to the future, including the need for an agreed funding stream.
It would be good if this could be held before the 31st March but this may not be possible.
Action:
Kent County Council to organise Hose of Lord's event.
Hillingdon to lead on updating case studies in the professional paper
All to liaise with regard to media contact and press releases.
Draft action notes from the Joint Councils' meeting held at the LGA
13th November 2007
Present
Cllr Paul Carter (chair)
Colin Elliot
Cllr Basil Curley
Cllr Mark Dunn
Marcus Chrystomou
Tanya Oliver
Peter Gilroy
Yvette Waide
Carey Baff
Anne Plummer
Cllr Ken Meeson
Cllr Les Lawrence
Fran Fronseca
Andy Couldrick
Cllr Louise Chapman
Cllr David Simmonds
David Holdstock
Cllr Anthony Way
1 Welcome and introductions
Cllr Carter welcomed everyone and introductions were made
2 Minutes and matters arising
The minutes of the last meeting were accepted as a true record
3 Update on response to the letter to the Prime Minister
Cllr Lawrence confirmed that the only response received so far had been a letter of acknowledgement from the PM's office, which arrived on the 9th November.
5 Next Steps
Cllr Carter decided to take item five next as it was felt that it was important to have a strategy for after the Westminster Briefing.
Peter Gilroy raised a number of options which included going to JR, asking the Audit Office to investigate, raising a special precept or asking the Chairman of the LGA to assist in seeking a response. The route of seeking a judicial review did not seem a very productive one since it had been unsuccessful for Hillingdon.
Cllr Lawrence said he was seeing the Chairman of the LGA later this week and would raise the issue. He also told the group that he had written to the Chairman seeking support.
Cllr Meeson suggested raising the issues with sympathetic voluntary organisations such as NCBas they may lobby on our behalf.
Cllr Curley offered to raise the issues with Richard Kemp who was meeting with Hazel Blears this week on behalf of the LGA. This was accepted.
There was discussion of a Special Precept but this was clearly a matter of last resort.
It was also suggested that the Home Office could be invoiced separately for specialist services in order to highlight the issue.
Cllr Dunn suggested that the government may have made a decision not to assist authorities. Cllr Simmonds pointed out that Hazel Blears response to the LGA's last report on migration was to say that the Government would talk to individual authorities but that, despite writing to Ministers on ten occasions, no Minister had agreed to see Hillingdon.
It was agreed that an independent audit could be a good way forward. This would need to look at a basket of cases from a range of authorities. Once the report was prepared, we could ask for another collective meeting with Ministers.
Action Point: To commission an independent audit with Deloittes or similar. Kent to lead on this issue and to try for an 8 week turnaround. Write and arrange a meeting with Ministers in January to take forward discussions.
4 Westminster Briefing and Media Strategy
It was agreed that speakers would be mindful of the possibility of raising community tensions with this issue and all were reminded that it Children In Need week and that these children are certainly children in need. It was agreed that elected members would be at the press briefing.
6 AOB
No AOB raised
7 Next Meeting
Action Point: Next meeting to be held around the 20th January. Oxfordshire offered to host.
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