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Cambridge City Council

Item

To:	Strategy & Resources Scrutiny Committee
Report by:	The Leader of the Council
Relevant scrutiny committee:	As above	17/11/2008
Wards affected:	All

EMPOWERMENT - IMPLICATIONS FOR THE CITY COUNCIL OF NEW LEGISLATION

Key Decision

1. Executive summary

1.1 This report recognizes the huge amount of work that the Council has already done to strengthen local democracy and the processes we have put in place to ensure that Cambridge residents are at the heart of everything we do. In this context, it sets out my recommendations as Leader of the Council as to how the Council should respond to elements of the Local Government and Public Involvement in Health Act 2007 and the recent White Paper, `Communities in Control, Real people, real power'.

1.2 The report also summarises the purpose and scope of the Sustainable Communities Act 2007 and recommends a way for the Council to investigate how the Act might present opportunities for Cambridge.

1.3 Before I make final decisions I seek comments from Strategy and Resources Scrutiny Committee Members on the recommendations on how the Council should respond to this legislation.

2. Recommendations

2.1 The recommendations I would like the Strategy and Resources Scrutiny Committee to support in relation to the Local Government and Public Involvement in Health Act 2007 and the Empowerment White Paper are set out in the table in Appendix 1

2.2 The recommendation I would like the Strategy and Resources Scrutiny Committee to support in relation to the Sustainable Communities Act 2007 is that officers explore, in consultation with Members, whether there are any potential proposals that the Council would like to work up in detail. The outcome of this consultation to be reported back to Strategy and Resources Scrutiny Committee in March 2009.

3. Background

3.1 The government has been talking for some time about the need to give more power to citizens and to strengthen the role of local government. The White Paper `Strong and Prosperous Communities' which was published in October 2006 by the then Secretary of State for Communities and Local Government, Ruth Kelly stated that the government aimed to: “….give local people and local communities more influence and power to improve their lives. It is about creating strong, prosperous communities and delivering better public services through a rebalancing of the relationship between central government, local government and local people”

3.2 The Local Government and Public Involvement in Health (LGPIH) Act 2007 seeks to enact some of the issues in the 2006 White Paper, particularly around the structure and governance of local government and the way we work in partnership with others to deliver local (and national government) priorities.

3.3 The recent Empowerment White Paper, `Communities in Control, Real people, real power', published in July 2008 by the current Secretary of State for Communities and Local Government, Hazel Blears, takes things further and talks about “greater democracy, devolution and control for communities”. Many of the issues in the 2008 White Paper are likely to appear in a “Community Empowerment, Housing and Economic Regeneration Bill” which is due to be published before the end of the year.

3.4 The purpose of this report is to consider how the Council should respond to the different elements of the LGPIH Act and the Empowerment White Paper. Some elements place duties upon the Council and other elements present us with choices. Other elements may become clearer when the Community Empowerment, Housing and Economic Regeneration Bill is published.

3.5 The Empowerment White Paper, in particular, contains a hotchpotch of ideas ranging from qualifications and accreditation for councillors to prize draws to encourage voting at elections. However, the stated aims from central government of stronger local government and community empowerment should be welcomed and there are some sensible elements within the documents.

3.6 First, we need to recognise that, as a council, we have already done a huge amount to strengthen local democracy and put Cambridge residents at the heart of everything we do. Just a few examples include:

Ensuring all our formal council meetings are open to the public and giving residents the right to speak and ask questions
Introducing area committees with `open forum' sessions and working with the police to introduce neighbourhood policing

Involving elected tenants on our Housing Management Board where they can scrutinise Council decisions before they are made
Funding and supporting Cambridge Federation of Tenants, Leaseholders and Residents to involve them in the management of our Council housing

Having regular consultative meetings with residents' associations and planning agents to discuss how the development control service can be improved.

Grant aiding community groups and working with them to help build their capacity and resolve their issues
Employing City Rangers who work with Police Community Support Officers and interact with local residents and businesses in their neighbourhood and respond quickly to local issues such as litter and graffiti removal.

Running initiatives during Local Democracy Week such as `Political Speed Dating' where young people find out about the role of their local councillors, and `I'm a Councillor Get Me Out of Here' where councillors go into schools to talk about their role and young people get the chance to question them and vote for their favourite councillor.

3.7 With this is mind, I have set out my recommended response to the elements within the LGPIH Act and the Empowerment White Paper at Appendix 1 and I invite the scrutiny committee to comment.

4. Sustainable Communities Act 2007

4.1 In addition to the above, the Sustainable Communities Act 2007 also seeks to strengthen local communities. The Act places a duty on the Secretary of State to invite local authorities to make proposals which they consider would contribute to promoting the sustainability of local communities. The Secretary of State issued the first invitation on 14^th October 2008. Now she must produce “Local Spending Reports”, which will detail how public money is spent in the local area and assist local authorities in drawing up proposals for submission. We can expect the first Local Spending Reports by April 2009.

4.2 Before making a proposal, Local authorities must have regard to `the schedule'. The schedule effectively contains a list of measures from which a local authority may wish to develop a proposal or proposals. The list is not exhaustive but examples include:

Measures to increase the number of local jobs
Measures to decrease emissions of greenhouse gases
Measures to increase community health and well being
Measures to increase the use of local waste materials for the benefit of the community
Measures to increase social inclusion, including an increase in involvement in democracy

4.3 Local authorities must “establish or recognise” a panel of “representatives of local persons”, consult the panel about the proposals and try and reach agreement with it on the proposal(s) to be submitted. Guidance says that panels must include under represented groups and local authorities must also work with 3^rd sector organisations and other agencies to determine who these under represented groups are.

4.4 Proposals may include a request for a transfer of functions from one person (or organisation) to another but both parties must be consulted first. Assuming we wanted to submit a proposal(s), we would have until 31^st July 2009.

4.5 All proposals submitted will be considered and short listed by the Local Government Association before it consults the Secretary of State who will agree which proposals have been successful and can be implemented.

4.6 I am mindful that local community and voluntary groups will be facing renewed pressures in the current economic climate and that these pressures may persist for some time. Whilst the Sustainable Communities Act is unlikely to offer an alternative funding source for such groups, it may present opportunities for us to work together in different ways to deliver similar outcomes.

4.7 My recommendation, as Leader, is that officers explore, in consultation with Members, whether there are any potential proposals that we may wish to work up in detail. The outcome of this work, together with any proposals coming forward from community groups, to be reported back to Strategy and Resources Scrutiny Committee on 16^th March 2009.

4.8 If, having considered the outcome of this initial work, there are any practical proposals that would benefit Cambridge residents and that could be implemented at little or no additional cost to the Council, I will need to consider whether to allocate resources to work them up, in consultation with a panel (see paragraph 4.3 above), into a detailed proposal for submission before 31^st July 2009.

5. Implications

5.1 The initial work to explore potential proposals can be carried out within existing staff resources.

5.2 The Strategy and Partnerships Service Plan for 2009/10 will need to make provision to work up detailed proposals during the early part of 2009/10. However, it may be more appropriate for other service areas to take the lead depending upon the nature of the proposal. For example, Community Development if a proposal relates to young people or Sustainable City if it relates to reducing the carbon footprint of a local area.

5.3 Limited financial resources could be taken from the corporate consultation budget.

5.4 Other implications will depend upon the nature of any proposals that are taken forward.

6. Background papers

These background papers were used in the preparation of this report:

The Local Government and Public Involvement in Health Act 2007

The Sustainable Communities Act 2007

Communities in Control, Real people real power: published by DCLG in July 2008.

7. Appendices

7.1 Appendix 1 - Details and recommendations for elements of the Local Government Public Involvement in Health Act 2007 and the Empowerment White Paper July 2008

7. Inspection of papers

To inspect the background papers or if you have a query on the report please contact:

Author's Name:	Trevor Woollams
Author's Phone Number:	01223 - 457061
Author's Email:	[email address]

Appendix 1

Local Government and Public Involvement in Health Act 2007

Key Provisions of the Act

Provision	What does it do?	Do we have to do it?	Timing	Recommendation (or current position)
Structural Changes	Gives Secretary of State the power to reorganise 2 tier areas into single tier by inviting or directing councils in 2 tier areas to make bids for unitary status.	No	Directions had to be given before 25 January 2008. The Act does not specify a specific deadline for invitations (implies we could lobby for an invite)	No action at this time. Review once the outcome of re-structuring of neighbouring areas has been completed
Boundary Changes	Allows Boundary Committee to review administrative boundaries either on its own initiative or at the request of the Secretary of State or a local authority	No, not unless directed	No deadlines specified	We are in discussion with SCDC about a joint submission
Elections	Allows councils to switch to whole council elections	No	We would have to resolve to do so in 2010 and hold elections in 2011 (or resolve in 2014 and elect in 2015 etc.)	Retain existing system
Number of Councillors	Allows us to move to single councillor wards but only if we move to whole council elections	No	As above	No action
Name of electoral areas	Allows councils to change the name of electoral areas but must consult local people	No	No deadlines specified	No action
Timing of elections	Gives Secretary of State the power to move local election date to match EU election date.	Yes		Election date will move to 4^th June 2009
Executive arrangements	Directs councils to adopt either: A leader and cabinet model - with the Leader being elected by the Council for a 4 year term and the Leader appointing to the Executive. A directly elected Mayor model - with the Mayor appointing to the Executive. The Council could resolve to switch to a Mayoral model without a referendum but would need to consult for 12 weeks.	Yes.	We need to formally resolve which model we will be adopting by December 2010 and have the new arrangements in place in May 2011.	No action at this time. Report options to Civic Affairs Committee in 2010
Parishing	Gives councils the power to set up parish councils (subject to public consultation). Also gives the public the right to petition the Council for a review of `community governance' in their locality. We then have a duty to conduct a review.	No, but we would have to conduct a review if petitioned	No deadlines specified SCDC are introducing a new Community Council at Arbury Park. This will result in a Parish within the City if boundaries are changed as proposed. We will also inherit other parished areas e.g. at Kings Meadow and Cherry Hinton if boundaries are changed as proposed.	Assuming a joint submission is made to move the administrative boundaries as proposed, Strategy and Partnerships should review (2009/10 service plan) the wider implications for the Council, particularly with respect to parishing, service delivery etc. and report back to Members.
Well-being powers	Extends well-being power to eligible parish councils. The Quality Parish Scheme will include wellbeing criteria	Not relevant unless we have parish councils in the City	Provisions came into force in April 2008.	No action
Local Area Agreements	Requires County Councils and unitary authorities to negotiate new LAAs with government. District Councils and other partners are required to cooperate.	Yes	New LAA was agreed in June 2008. Joint performance management systems are being developed with partners. Partners will be assessed on delivery of the LAA through Comprehensive Area Assessment from April 2009.	We are already doing this
Joint Strategic Needs Assessment	Requires County Councils and Unitary Authorities to work with PCTs to prepare and publish a Joint Needs Assessment which identifies and assesses short, medium and long term health needs of their locality. District Councils must be consulted.	We must be consulted and must cooperate with the process	A combined JSNA for Cambridgeshire (Phase 1) was published in June 2008 which brings together the key issues from 5 themed JSNAs. Work is on-going with LSPs and local health partnerships to incorporate more local information and targets into the combined JSNA.	This is in progress
Overview and Scrutiny	Extends council scrutiny powers. DCLG are currently consulting on proposals which would (in the context of the LAA) enable: County and Unitary OS committees to require information from partners. District OS committees to require partner organisations (including the County Council) to provide information and to have regard to a scrutiny report when carrying out their responsibilities. Joint OS committees (County/District) to have the same powers. The consultation also includes proposals to require Chairs and Chief Executives of public bodies to attend public hearings and for residents to be able to petition senior officers to attend public meetings.	If proposals are confirmed	Consultation period ends on 30^th October 08. Awaiting regulations. Scrutiny of the LAA is being reviewed as part of Cambridgeshire Together's wider review of partnerships	No further action at this time. Review when regulations are published.
Councillor Call For Action	Enables all councillors to refer any local government matter affecting their ward or constituents for scrutiny (except for issues where statutory processes already exist such as planning or licensing). A CCfA also exists in the Police and Justice Act 2006 to raise crime and disorder issues. The Home Office is consulting on how a CCfA might work as part of the broader local accountability arrangements for crime and disorder in the Policing Green Paper.	Yes, but in effect our Cllrs can do this under existing arrangements	Guidance being issued by DCLG by end of 2008. Will be brought into force by end of 2008	Review when guidance has been issued to ensure we are compliant. Report to Civic Affiars Committee and revise Constitution if necessary.
Byelaws	Gives Local Authorities the power to make certain byelaws and enforce them through the Issuing of fixed penalty notices without referral to the Secretary of State.	No	DCLG currently consulting on draft regs. Implementation date unknown.	When details are known, assess scope for regulating a range of identified problems (e.g. verge parking, touting, alcohol related anti-social behaviour).
Best Value Regime	The old Best Value Performance Indicators were abolished In March 2008 so we don't have to collect them any more. The requirement to carry out Best Value Reviews has also been abolished but the duty to achive continuous improvement remains. We had to start collecting a new set of 198 National Indicators from April 2008. 34 of the NIs (with related Improvement targets) are Included In the new LAA which was agreed In June 2008. Some of our NIs are also our local LAA Indicators.	Yes	April 2008	Implemented in April 2008
Duty to Involve	Places a duty on local authorities to take action to Involve "representatives of local persons" (but not councillors) in the provision of local services. Local authorities need to consider 3 ways of Involving local people: Providing Information Consulting Involving	Yes	Duty comes into force in April 2009 Most of our services already involve local residents and groups in shaping service delivery..	Heads of Service to ensure their services comply with this duty.
Ethical Standards	Gives local authority Standards Committees responsibility for councillor conduct matters In their area Including receiving allegations and agreeing whether any action needs to be taken. The Standards Committee must have an Independent chair and a minimum of 3 members (2 elected and 1 Independent). The Standards Board will have a monitoring role and will ensure local arrangements are effective.	Yes, we have already complied	April 2008	Already implemented
Patient and Public Involvement in Health and Social Care	Requires social services authorities to recruit an organisation to host a 'Local Involvement Network' (LINk) by March 2008. The organisation must be Independent of councils and health bodies. The Act abolishes the Commission for Patient and Public Involvement In Health and all Patients' Forums from April 2008. The authority must support the LINk to promote and support Involvement of local people In: Commissioning, provision and scrutiny of local care services Monitoring and reviewing the standard of local care services and reporting on how they could be Improved Obtaining the views of local people about their experience of local care services and their care needs. Health and social care providers must respond to requests for Information from LINks and must respond to any LINks reports or recommendations. LINks representatives will be able to access care premises. LINks can refer "social care matters" to the appropriate overview and scrutiny committee. LINks must produce an annual report.	No, the County Council has to do it. The City Council participates in scrutiny	County Council implemented by April 2008	No action
Authority for local councillors to exercise functions	Allows a local authority to make arrangements to discharge any function of the local authority to an Individual councillor to the extent that the function Is exercisable In relation to the ward for which the councillor Is elected. The form of delegation will be decided by the Executive In relation to Executive functions (i.e. the Leader under the new Executive arrangements). In all other cases It will be for the authority Itself to decide. Regulations will require records of decisions and actions taken by ward members to be made available to the public. Scrutiny committees will be able to require such councillors to appear before them to answer questions about the delegated functions.	No, we have a choice about whether we wish to delegate functions and, if so, which ones	tbc	No action
Joint Waste Authorities	Allows groups of local authorities that currently fulfil partial responsibilities to propose a joint waste authority. Applications will be made to the secretary of state In accordance with a new regulatory framework. This will simplify arrangements for setting up shared services. Could also Include street cleaning services	No	tbc	The Head of Environmental Services to report this issue through Environment Scrutiny Committee for consideration by the Executive Councillor for Environmental and Waste Services.
Controlled entities	Regulations are planned that will Introduce requirements, prohibitions or other regulatory measures covering local authorities' relationships with 'entities' with which they are closely connected e.g. local authority companies and trusts.	Yes, we will have to comply but implications will depend upon the regs.	tbc	Review implications for the Council when regulations are published.

Empowerment White Paper - Communities in Control: real people, real power

Provision	What does it do?	Do we have to do it?	Timing	Recommendation
Duty to promote democracy	Places a new duty on local authorities to do a range of things to promote local democracy. Examples might be to run campaigns to register voters, explain voting to young people etc. Councillors will be allowed to hold surgeries on council premises. Effectively an extension of an existing duty on the Returning Officer to promote registration and activity around the electoral process under the Electoral Administration Act 2006	Yes, if duty is confirmed	In Bill	We do a lot of work in this area already. The Democratic Services manager will be looking at further options in 2009/10
Extension of duty to involve	Extends duty to involve to police authorities and key arts, sports, cultural and environmental organisations such as the Arts Council and Sports England	Yes (covered in LGPIH Act)	In Bill (April 2009)	Covered in the LGPIH Act table above.
Empowering the frontline taskforce	Government are launching a task force in the autumn which is likely to run until 2010 and which will look at the role of the public service workforce in empowering users and residents, particularly the most vulnerable.	Unsure of impact	Autumn 2008 - 2010	No action at this time
Empowerment Fund	The Social Enterprise Unit is launching a £7.5m fund for national 3^rd sector organisations to provide support for schemes in areas such as community leadership skills, involvement in planning and social enterprise.	Unsure of impact	Launch in autumn 2008	Promote to 3^rd sector
Volunteering	The government is launching a £70m Community builders scheme to support community organisations. Amongst other things this appears to be to help local organisations to bid for and run local services.	Unsure of impact	2010-11	Promote to 3^rd sector
Faith based organisations	Announcement that the government intends to remove some of the barriers for faith based organisations to supply goods and services to local authorities.	Unsure of impact	The Office of the 3^rd Sector is carrying out a survey of 3^rd sector and faith based charities later in 2008 which will inform this issue	No action at this time
Duty to respond to petitions	Government intend to place a duty on local authorities to respond to all petitions, including electronic petitions, relating to local authority functions or other public services where the local authority shares delivery responsibilities. Includes people who live, work or study in the local authority's area. This would fulfil the government's commitment to a community call for action. If the petition has the support of over 5% of the population, there must be a debate in full council.	Yes, if duty is confirmed	In Bill [note: we more or less comply with this anyway but we would need to ensure that our constitution is revised as appropriate]	Report to Civic Affairs Committee to revise the constitution, if necessary, once we are clear about the scope and timing of this duty.
Councillor Call for Action	Included in LGPIH Act. Guidance expected later this year	Yes, but in effect our Cllrs can do this under existing arrangements	Guidance being issued by DCLG by end of 2008. Will be brought into force by end of 2008	Covered in the LGPIH Act table above.
Participatory Budgeting	Unsure if this will be a duty - the Government want all Councils to use such schemes by 2012	Unsure	(National Strategy published in autumn 2008) By 2012	The Head of Strategy and Partnerships to report to the Leader through Strategy and Resources Scrutiny Committee during 2009/10 proposing options and opportunities for participatory budgeting
Promoting voting	As part of the new duty to promote democracy the Government wants Councils to do more to promote voting. Government also intends to give Councils the power to provide incentives for voting in local government elections e.g. a prize draw.	Yes, if duty is confirmed	In Bill	Include as part of action in `Duty to promote Democracy' at the top of this table
Parish Councils (see LGPIH Act)	Government wants to encourage more parish and town councils including neighbourhood and community councils in urban areas. Government will introduce a new right for local people to appeal to the secretary of state if their council denies them the opportunity to establish a community council.	No, but we would have to respond if local people want to establish a community council (see LGPIH Act)	In Bill	Covered in the LGPIH Act table above.
Community engagement in planning	Government will ensure planners work with local communities and will provide more funding to support community engagement in planning	Unsure but we do lots already	Funding available 2009-11	No action at this time. Review when the Bill is published and we have clarity about what is required.
Tenants	Government promises toolkits to encourage tenants to get involved in neighbourhood management and to empower people in decisions about housing growth following the Housing Green Paper.	Unsure but we do lots already	tbc	No action at this time
Young People	DCLG is proposing to work with the Dept for Children, Schools and Families to develop internships for young people with councillors as part of a £6m national institute for youth leadership programme.	No	Further detail expected this year	No action at this time
Regional Empowerment partnerships	Government wants to see greater collaboration between REPs and regional improvement and efficiency partnerships (RIEPs) to ensure that empowerment is considered within the RIEP programmes and for all capital projects	Unsure of impact	2008-2011	No action at this time
Sustainable Communities Act Guidance	Guidance issued on how to work with `local representatives' (see Sustainable Communities Act)	No	From October 2008	Covered in the main report
Directly Elected Mayors	Government want to consult on relaxing referendum criteria on whether to have a directly elected mayor by reducing the trigger threshold from 5% to 2,3 or 4% and reducing the period for a further petition to 4 years. They will give elected mayors additional powers over local policing by making them the `Crime and Policing representative'.	We would have to comply if petitioned	In Bill	No action
Overview and Scrutiny	Government wants to encourage councils to adopt large scale public event meetings, hold council meetings in the community and involve the public more in scrutiny meetings. Chief Executives will have to appear before regular `public hearings' so that they are open to public scrutiny and there will be a new right to petition to hold `local officers' to account at public meetings. Consultation on this was issued in August 2008.	Yes, if powers are confirmed although we may have choice about some elements	In Bill	No action at this time. Review implications for the Council when Bill is published.
A review of redress	The role of the LGO is being reviewed. A review will be carried out into extending redress for citizens.	Unsure of impact	Review due to report in early 2009	No action at this time
Ownership and Transfer	Government wants to see more assets such as community centres, swimming pools and parks transferred to local community ownership. They also want to see more local co-ops and mutually owned groups running services. They will establish a new Asset Transfer Unit to speed this up and will consult on a national framework for Community Land Trusts. Government will also encourage councils to ensure that social enterprises are able to compete fairly for contracts.	Unsure of impact	Asset Transfer Unit will be set up in the autumn 2008. Consultation on Community Land Trusts to be published during winter 2008	No action at this time, though we will consider such ownership and management options for new facilities in the urban extensions.
Bye-Laws (see LGPIH Act)	Local Authorities will be able to make certain bye-laws without the need for scrutiny by government. Consultation due in August 2008	No	DCLG currently consulting on draft regs. Implementation date unknown.	Covered in the LGPIH Act table above.
Publicity Code	Government will be reviewing the Code of Recommended Practice on Local Government Publicity.	Unsure of impact	Consultation autumn 2008	Review the Council's practices to ensure that we comply with revised Code when it is published.

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