Agenda and minutes

The Council observed a minute silence to mark the passing of former councillor Douglas Parish.

Members paid tribute to Douglas Parish and joined the Mayor in extending their condolences to his family.

To receive apologies for absence (if any).

Apologies for absence were received from Councillors Akhter, Ali, Bostan, Davies, E M Giles, G Gill, M Gill, Hadley, Henlan, Kalari, Khatun, Mabena, Millard, Phillips, K Singh, S Singh, Smith and Tagger.

Members to declare any interests in matters to be discussed at the meeting.

No declarations of interest were received.

To confirm as a correct record, the minutes of the meeting of Council held on 18 January 2022.

Resolved that the minutes of the meeting of Council held on 18 January 2022 be agreed as a correct record and signed by the Mayor.

To consider any urgent business (with prior approval by the Mayor).

There were no additional items of business to consider.

To receive announcements from the Mayor.

Details of Mayoral and Deputy Mayoral engagements since the last meeting of the Council had been circulated to members.

The Mayor with the support of members across the Chamber took the opportunity to express support for the people of Ukraine during the ongoing international crisis.

To receive petitions under Standing Order No. 5.

No petitions were received under Standing Order No. 5.

To consider written questions under Standing Order No. 6 to:-

(a)     the Mayor;

(b)     the Leader of the Council;

(c)     any other member of the Cabinet;

(d)     any person appointed to preside at a committee, sub-committee or panel;

(e)     the members of the Council nominated pursuant to Section 41 of the Local Government Act 1985, on the discharge of the functions of the following Joint Authorities:-

(i)           West Midlands Combined Authority (the Leader);

(ii)         West Midlands Fire and Rescue Authority (Councillor C Padda);

(iii)        Transport for the West Midlands (Councillor

Akhter);

(f)      a nominated member appointed by the Council to the Board of Sandwell Leisure Trust;

(g)     a member of the Council who is, as a result of action taken by or on behalf of the Council, a member or director of any company.

Questions received under Standing Order No. 6 were asked of the relevant members and responses provided.

To consider the Council Finances & Council Tax Resolution 2022/23.

Council considered the Council Finances and Council Tax Resolution for the period 2022-23.

The provisional Local Government Finance Settlement was announced on 16 December. The key points from the settlement were noted as:

The settlement was for a single year only and further details on proposed funding reform and consultations were due to follow in the new year;

·      The £1.6bn additional funding announced at the Spending Review had been distributed as:

o   £0.8bn to a 2022/23 Services Grant, distributed using the 2013/24 Settlement Funding Assessment formula. The statement highlighted that this was a one-off grant and will not be taken into consideration for transitional support when future system changes are made.

o   £0.7bn to social care, with additional Social Care Grant (£0.6bn, distributed using the Adult Social Care Relative Needs Formula, with equalisation for the impact of the 1% social care precept) and an inflationary increase to the Improved Better Care Fund.

o   £0.1bn provided an inflationary increase to Revenue Support Grant;

·      In addition, £162m had been allocated to local authorities from the funds raised in the National Insurance Health & Social Care levy;

·      Authorities did not receive separately identified funding for the costs to them of the increase in National Insurance Contributions (the funding for this is assumed to be included in the new 2022/23 Services Grant);

·      Referendum limits had been confirmed at 2% (or £5 for districts and fire authorities, where this is more than 2%). PCCs would be subject to a £10 referendum limit;

·      An additional 1% social care precept for social care authorities (who would also be able to raise any balance of last year’s 3% social care precept);

·      The New Homes Bonus had been ‘rolled over’ for another year, with allocations made and the final 2019/20 legacy payment honoured;

·      The lower tier services grant has been ‘rolled over’ at £111m nationally, and with a new cash terms funding floor;

·      The compensation for under-indexing of the business rates multiplier would continue at RPI, though the settlement figures only include this at CPI;

·      No detailed announcements were made on future funding reform.

The Council had benefited from additional grant funding from the settlement, although much of it was either ring-fenced or to cover additional costs (such as the 1.25% increase in National Insurance Contributions).

Fees and Charges

A review of Fees and Charges had been undertaken as part of the budget setting process to ensure that each charge was appropriate and achieving its objective. Where charges had been intended to either break even or maximise income, analysis had been carried out to look at the total costs of providing the service to understand what the position was.

Reserves Position

The Council had two types of reserves:-

·      earmarked Reserves which were for specific future projects, commitments or risks, both revenue and capital;

·      unallocated balance, which was to ensure the Council can manage unexpected financial challenges.

The level of unallocated balances at the end of March 2022 was £8.4m, which was the lower end of a prudent level. Part of  ...  view the full minutes text for item 31/22

To approve the Pay Policy statement 2022 and the Gender Pay Gap data.

The Council considered the Pay Policy Statement and Gender Pay Gap data.

The Council was required by the Localism Act 2011 to annually prepare and publish a Pay Policy Statement setting out its policies relating to the remuneration of their chief officers and employees.

The Council was required by the Equality Act (Specific Duties and Public Authorities) Regulations 2017, to prepare and publish its Gender Pay Gap data on an annual basis. This formed part of an equality measure and transparency obligation placed upon local authorities to illustrate the difference in average earnings between men and women.

The Council’s previous Annual Pay Policy statement 2021 had informed that the pay ratio between the median FTE employee and the Chief Executive had narrowed from 1:6 to 1:5. Although this pay ratio had remained at 1:5, this median salary figure had increased over the last year from £27,741 to £28,672 per annum.

Sandwell Council’s ‘mean’ Gender Pay Gap figure for 2022 had narrowed from 5.1% to 3.4% over the last 12 months.

By way of a benchmark, the Office for National Statistics (ONS) recently published the results of its annual survey of the gender pay gap in the United Kingdom. The mean Gender Pay Gap figure as at 1 April 2021 was 7.9%.

Resolved that:-

(1)          the Pay Policy Statement 2022, as submitted, be approved;

(2)          the Gender Pay Gap data, as submitted, be approved.

To consider a proposed departure from the development plan.

At the meeting of Planning Committee held on the 19 January 2022 consideration was given to planning application DC/21/66106 for a proposed industrial unit (Use Class E(g)(iii) Industrial processes) with ancillary offices and associated parking. At the meeting, the Committee approved the planning application with conditions subject to the application being referred to Full Council as a departure from the approved development plan.

The proposal was on land allocated for housing within the Site Allocations and Delivery Development Plan Document. It was necessary for the Council to consider whether or not to grant an exception to its policy to allow the application to proceed.

Although the site was allocated for housing land, it was part of a wider allocation and could not be developed in isolation for residential development, as adjacent to the site were located existing employment uses. For housing to be acceptable on the site, the Council would be looking for a comprehensive development of the wider residential allocation. The proposed development was acceptable in its scale, design and appearance, and would not cause significant harm to the amenity of the occupiers of adjacent properties. Furthermore, there would be no

significant impact to the safety and convenience of users of the highway as a result of the proposed development.

Resolved that an exception to the local development plan in respect of planning application DC/21/66106 - Proposed industrial unit (Use Class E(g)(iii) Industrial processes) with ancillary offices and associated parking, land at Summerton Road, Oldbury be approved.

To consider appointments to statutory roles.

The Council was required to appoint a Returning Officer in accordance with Section 35(1) of the Representation of the People Act 1983. The duties of the Returning Officer were separate and one of a personal nature from his/her duties as a local government officer. The Returning Officer was directly accountable to the courts as an independent statutory office holder.

Returning Officers were under Sections 28(5) and 35(4) of the Representation of the People Act 1983 entitled to appoint deputies to discharge all or any of the duties placed upon them. There were no restrictions on the number of Deputies that could be appointed.

The Council was required to appoint an Electoral Registration Officer in accordance with Section 8(2)(a) of the Representation of the People Act 1983. By virtue of Section 23 (1) of the Act, only the appointed ERO may act as Acting Returning Officer at Parliamentary Elections. A previous resolution by Council confirmed the appointment of the Chief Executive as the Council’s Electoral Registration Officer and was detailed within the Council’s Scheme of Delegation to Officers.

The responsibility to appoint a Deputy Returning Officer fell to the Returning Officer. However, Section 52(2) of the Act provided that any Deputy Electoral Registration Officer must be appointed by the Council.

Resolved that:-

(1)          the Interim Chief Executive, Kim Bromley–Derry, be appointed as Returning Officer, in accordance with section 35(1) of the Representation of the People Act 1983 with immediate effect;

(2)          Council notes the Interim Chief Executive, Kim Bromley–Derry is appointed under the Council’s Scheme of Delegation to Officers, as the Electoral Registration Officer in accordance with section 8(2)(a) of the Representation of the People Act 1983;

(3)          the Monitoring Officer and Director of Law and Governance, Surjit Tour, be appointed as Deputy Electoral Registration Officer under Section 52 (2) & (3) of the Representation of the People Act 1983.

Council received an update on the work of the Fire Authority from Councillor C S Padda, the member nominated pursuant to Section 41 of the Local Government Act 1985 to report on the activities of the West Midlands Fire and Rescue Authority.

Council received an update on the work of the Transport Authority from Councillor Jalil, on behalf of the member nominated pursuant to Section 41 of the Local Government Act 1985 to report on the activities of Transport for West Midlands.

In response to questions raised, Councillor Jalil requested that Councillor Fenton send through the details of bus routes that were mentioned in order that he could raise the matter with the Authority.

Council received an update on the work undertaken by the West Midlands Police and Crime Panel from Councillor R Jones, the Council’s representative on the Panel.

In response to enquiries regarding off-road bikes and the ability of the police to deal effectively with these incidents, Councillor Jones gave assurances these concerns would be taken to the Panel. 

Council received an update on the work undertaken by the West Midlands Combined Authority from the Leader of the Council.

To consider an addition to the Scheme of Delegation for Officers.

The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 were new regulations and authorisation was sought for a revision to the Scheme of Delegation to Officers to enable both Trading Standards and Pollution Control Officers to act.

The Regulations introduced restrictions on the sale of wet wood for domestic burning, limits on the emission of sulphur and smoke from manufactured solid fuels and phases out the sale of bituminous coal (traditional house coal). The restrictions had criminal sanctions if breached, which could be enforced by local authorities. Such action was necessary since domestic burning through wood burning stoves and open fires was a major contributor to national emissions of fine particulate matter.

Resolved:-

(1)          that both Directors of Public Health and Borough Economy be granted delegated authority to exercise the statutory provisions of The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020;

(2)          that the Director of Law and Governance be authorised to revise the Scheme of Delegation to Officers in the Council’s Constitution with the following:-

The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020

To act and authorise other to act on his/her behalf under the Council’s functions under the provisions of the Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020.

To approve the political balance of the committees, boards and other fora for the remainder of the 2021-22 municipal year and nominations to vacancies on committees, boards and other bodies.

Council considered revisions to the appointments to committees, boards and other bodies.

Resolved:-

(1)          that the political balance of the committees, boards and other fora for the remainder of 2021-22, be approved;

(2)          that the revisions to appointments on committees, boards and other bodies, as set out in the Appendix, be approved with immediate effect.

To consider requests for an extension to the six month attendance rule.

Consideration was given to a formal request to waive the requirements of Section 85 of the Local Government Act 1972 and approve an extension of the six-month attendance rule due to ill health.

Under the circumstances, it was requested that Council approve an extension of the six-month rule for Councillor Tagger and that Council’s best wishes be conveyed to the Councillor for a speedy recovery. The extension of time would be effective for a six-month period, however, this did not, of course, prevent the councillor returning to meetings at any time if his health improved sufficiently.

Resolved that, having regard to the circumstances of the absence of Councillor Tagger from Council meetings, the requirements of Section 85 of the Local Government Act 1972 be waived and an extension of the six-month rule in respect of Councillor Tagger be approved for a further period, with effect from 3 March 2022 expiring at the Annual Meeting of Council 2022.

To receive the minutes of the meeting of the Cabinet held on 12 January and 9 February 2022.

The minutes of the meetings of the Cabinet held on 12 January and 9 February 2022 were received.

To receive the minutes of the Audit and Risk Assurance Committee held on 11 January 2022 and consider the recommendations arising from the meeting:-

(a)         Appointment of External Auditor.

The minutes of the Audit and Risk Assurance Committee held on 11 January 2022 were received.

The Council considered the recommendations of the Audit and Risk Assurance Committee on the following matter of strategic significance:-

Council considered recommendations in relation to the Appointment of External Auditor.

Resolved that the invitation from Public Sector Audit Appointments to opt into the national scheme for external auditor appointments from April 2023 be approved.

To receive the minutes of the Ethical Standards and Member Development Committee held on 9November 2021.

The minutes of the meetings of the Ethical Standards and Member Development Committee held on held on 9 November 2021 were received.

To receive the minutes of the Budget and Corporate Scrutiny Management Board held on 8 February 2021.

The minutes of the meetings of the Budget and Corporate Scrutiny Management Board held on 8 February 2021 were received.

To consider the following motions received under Standing Order No. 7:-

20(a) Armed Forces Bill 2021

         Proposer: Councillor Melia

         Seconder:  Councillor Moore

          “This Council:

·         Stands firmly behind our UK Armed Forces and fully supports the aims of the Armed Forces Covenant as amended.

·         Welcomes the new Armed Forces Act but sees the legislation as a missed opportunity to improve the lives of veterans in the Birmingham and Black Country Area.

·         Notes with disappointment that the Act which makes Sandwell Metropolitan Borough Council and local public bodies legally bound to have “due regard” to the Covenant when providing support to Forces communities but exempts central government from any such duty, creating a two-tier Covenant for veterans.

·         Notes with further disappointment that Labour led proposals backed by the Royal British Legion and Ex-Service organisation chiefs to enshrine the Covenant fully into law but Conservative MPs voted down these plans to improve Armed Forces accommodation, employment, support and pensions.

·         Notes that Conservative MPs failed to end the scandal of visa-fees for Commonwealth and Gurkha personnel.

·         Resolves to continue the campaign with Forces charities to see the Government strengthen the Covenant and improve vital services to veterans.”

20(b)Equality and Diversity

         Proposer: Councillor McVittie

          Seconder: Councillor Taylor

“Sandwell Council understands the harm caused to our LGBT+ community in the past by certain elements within society through the denial of rights and equal treatment and recognises that despite all the efforts to address such discrimination, it still exists today.

This Council recognises and opposes the ongoing harm the practice of so-called conversion therapy brings to LGBT+ people.

This Council calls on the Government to follow through on promises made for a number of years, to outlaw the practise of so-called conversion therapy.

This Council notes the ongoing Government consultation on this matter and requests that the Leader of the Council writes to Government and calls for the introduction of an effective ban on conversion therapy within England, supported by a programme of work to help tackle these practices in all their forms.

Furthermore this Council renews its commitment to highlight promote and improve the continued support, counselling and advocacy our local groups provide to members of the LGBT+ Community.”

The Council proceeded to consider motions received under Standing Order No. 7.

An amended motion was moved by Councillor Melia and seconded by Councillor Moore:-

“This Council:

Stands firmly behind our UK Armed Forces and fully supports the aims of the Armed Forces Covenant as amended.

Welcomes the new Armed Forces Act but sees the legislation as a missed opportunity to improve the lives of veterans in the Birmingham and Black Country Area.

Notes with disappointment that the Act which makes Sandwell Metropolitan Borough Council and local public bodies legally bound to have “due regard” to the Covenant when providing support to Forces communities but exempts central government from any such duty, creating a two-tier Covenant for veterans.

Notes with further disappointment that Labour led proposals backed by the Royal British Legion and Ex-Service organisation chiefs to enshrine the Covenant fully into law but Conservative MPs voted down these plans to improve Armed Forces accommodation.

Resolves to continue the campaign with Forces charities to see the Government strengthen the Covenant and improve vital services to veterans.”

On being put to the vote, the motion was carried and it RESOLVED accordingly.

It was moved by Councillor McVittie and seconded by Councillor Taylor:-

“Sandwell Council understands the harm caused to our LGBT+ community in the past by certain elements within society through the denial of rights and equal treatment and recognises that despite all the efforts to address such discrimination, it still exists today.

This Council recognises and opposes the ongoing harm the practice of so-called conversion therapy brings to LGBT+ people.

This Council calls on the Government to follow through on promises made for a number of years, to outlaw the practise of so-called conversion therapy.

This Council notes the ongoing Government consultation on this matter and requests that the Leader of the Council writes to Government and calls for the introduction of an effective ban on conversion therapy within England, supported by a programme of work to help tackle these practices in all their forms.

Furthermore this Council renews its commitment to highlight promote and improve the continued support, counselling and advocacy our local groups provide to members of the LGBT+ Community.”

On being put to the vote, the motion was carried and it RESOLVED accordingly.

To receive the response received from Paul Scully MP in relation to the Fireworks motion.

Council noted the response that had been received in relation to the motion in relation to Fireworks.