{meta} 27 September 2019 - 11 October 2019

Decisions

In accordance with the constitution, the council publishes decisions taken by the City Mayor, Deputy City Mayors and Lead Members. Use the search options at the bottom of the page to find information regarding decisions taken at executive meetings after 24 January 2017.

Details of previous decisions are available as follows:

Officer decisions are not subject to call-in, however during the period of five working days from the publication of a decision taken by the City Mayor, Deputy City Mayors or a Lead Member, a request to 'call-in' a decision may be made by either:

Requests for call-in are only used in exceptional circumstances and if a decision is not called-in, it becomes effective at 4pm on the fifth working day following publication.

Decisions published

24/09/2019 - The Bevan Intermediate Care Unit (IMCU), Stott Lane Eccles ref: 553    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 24/09/2019 - Cabinet

Decision published: 10/10/2019

Effective from: 18/10/2019

Decision:

Salford City Council - Record of Decision (CABINET)

 

I, Paula Boshell, Statutory Deputy City Mayor, in consultation with the Cabinet and in exercise of the powers contained within the City Council constitution do hereby:

  • Notes the contents of this report and the progress being made to deliver the IMCU project.
  • Approve the allocation of up to £10.4Million (The original budget estimate) to deliver the IMCU, subject to the detailed supporting and financial information as set out within the report.
  • Approve officers proceeding with a procurement exercise to secure an appropriate contractor to deliver the IMCU.
  • Approve the provisionally agreed Heads of Terms for the lease of the Intermediate Care Unit to Salford Royal Foundation Trust (SRFT) the main element of which is that the costs of capital borrowing costs of up to £10.4Million, are recovered through the ICO pooled budget over a lease term of 25 years.
  • Note that if approved it is recommended that the Council procure a construction/cost management expert to oversee the construction of the IMCU and the approval of payments to the contractor. It is estimated this will cost in the order of £100,000 and will be a cost to the project and included within the lease repayment arrangements. 
  • That progress with the delivery of the IMCU and all associated matters be the subject of regular update reports to City Issues meetings.

 

The Reasons are:- Approval to the recommendations in this report will allow the project to be progressed and a suitable construction partner to be procured, which will allow confirmation of a start on site and completion date for the IMCU. It will also assist in delivering Council priorities in the following areas-

Adult Social Care, Integrated Care, Integrated Commissioning, Personalisation

 

Options considered and rejected were -To not fund the proposed new intermediate care Unit or to maintain /enhance the existing facility at the Limes

Assessment of Risk - Low

The source of funding is - The capital cost of the preferred option was estimated at a maximum of £10.4m which would be met by Council borrowing funded through repayments by the Pooled Budget with the Council receiving annual repayments to cover the full cost of borrowing (i.e. loan repayments and interest) over the 25 year lease term.  This will be cost neutral from a Council perspective in terms of borrowing.

 

Legal Advice obtained - Tony Hatton, Principal Solicitor, tel. 219 6323

 

When commissioning contracts for the procurement of goods, services or the execution of works, the Council must comply with the Public Contracts Regulations 2015 (PCR) and its own Contractual Standing Orders (CSO’s), failing which a contract may be subject to legal challenge from an aggrieved provider. CSO’s stipulate that where a suitable framework exists, this must be used unless there is an auditable reason not to do so.

 

The report sets out the Council’s intention to go out to tender in accordance with OJEU rules, and CSO’s. In following the procedures, any potential challenge to the award of a contract to a provider from an aggrieved provider will be significantly reduced, assuming always that the tender exercise is an open and fair one.

 

A compliant exercise to procure a construction/cost management expert to oversee the construction of the IMCU will also be undertaken.

 

Legal Services will be pleased to advise and assist in drafting the lease for the unit with SRFT upon receipt of instructions.

 

It is noted that a further detailed report will be submitted to City Mayor for formal approval once a contractor has been appointed and completion dates confirmed.

 

Financial Advice obtained – Chris Hesketh x 2668  It is intended that the construction of the IMCU carries no risk to the council. In order to achieve this objective, CCG and council officers will devise an agreement that:

·         Guarantees, with appropriate security, the reimbursement of the council’s borrowing costs, through the remaining life of the current pooled budget and beyond

·         Allocates the risk of any variance in running or lifecycle costs

·         Allocates the risk of damage/loss to the building (this risk will be negligible provided the arrangement fits in with existing insurance arrangements)

 

The means of reimbursement of the council’s outlay will be determined in order to mitigate any risks to the council from owning the asset and to secure the most advantageous VAT position for the integrated fund. The reimbursement may be either:

·         Reductions in the council’s contribution to the integrated fund (hosted by CCG)

·         Payments from the integrated fund (hosted by CCG) to the council  

·         Lease/rental payments from SRFT to the council – SRFT to be funded by the integrated fund

 

In all cases, the reimbursement will be calculated to match and offset borrowing costs over the life of the loan.

 

Advice on the VAT position is being sought from Ernst Young by SRFT and from PwC by the council. If appropriate, a determination will be sought from HMRC to confirm the VAT position.

 

As noted in the report, the allocation of £10.4m (the original budget estimate) is at full costs, including VAT. It is anticipated that successful resolution of the VAT issues will bring down the overall cost.

 

 

Procurement Advice obtained - Deborah Derbyshire x 6244

The project is being procured through the utilisation of established Framework Agreements for both the consultancy and construction. 

 

The Consultant framework arranged by SBS was appointed by direct award through the framework as this has the option to procure direct with an approved provider.

 

The Construction of the property will be procured using the Procure Northwest Framework and is by Mini Competition.

 

The processes chosen are compliant with the Procurement Contracts Regulations and the City Councils Contractual Standing Orders. 

 

The following documents have been used to assist the decision process.

Intermediate Care Unit Business Case and City Issues report dated 27th June 2018

 

(if the documents disclose exempt or confidential information, they should not be listed, but the following wording shall be inserted : "(The relevant documents contain exempt or confidential information and are not available for public inspection)":-

Contact Officer:  Judd Skelton /Peter Openshaw                             Tel No x2234/3050

 

*           This document records a key decision, but the matter was not included in the Council's Forward Plan and it has been dealt with under the emergency procedure.

*           The appropriate scrutiny committee to call-in the decision is the Health and Social Care Scrutiny Panel.

 

 

Signed: Paula Boshell                                     Dated:  10 October 2019

Statutory Deputy City Mayor

 

FOR DEMOCRATIC SERVICES USE ONLY

 

*           This decision was published on 10 October 2019.

*           This decision will come in force at 4.00 p.m. on 17 October 2019                                        unless it is called-in in accordance with the Decision Making Process Rules.

 


26/09/2019 - Appointments to Fostering Panel ref: 552    Recommendations Approved

Decision Maker: Lead Member for Children's and Young People's Services Briefing

Made at meeting: 26/09/2019 - Lead Member for Children's and Young People's Services Briefing

Decision published: 09/10/2019

Effective from: 04/10/2019

Decision:

Salford City Council - Record of Decision

 

I, John Merry, Lead Member for Children and Young People in exercise of the powers contained within the City Council constitution do hereby approve:

 

Annie Clarkson to be appointed to the central list for the fostering panel

    

Annie Clarkson is suitable for this role as she is a qualified social worker. She is also  practice manager with the fostering team in Salford. She has a good understanding of child development, safeguarding and issues involved when assessing adults as foster carers and when foster carers go on to adopt children. 

 

Annie understands how panels work and the role of panel within the decision making process.

 

Annie understands what is required from a good assessment of adults wanting  to care for children. She has direct knowledge of fostering through her work as Practice Manager

 

 

Assessment of Risk:

 

As a fostering agency there is a duty to have an appropriately constituted panel in line with regulations and good practice. If panel does not have the required number of independent members then it cannot proceed on the day and the work of the fostering agency would be delayed. Fostering is highly regulated and delay from this type of reason would not be acceptable for the agency and more importantly for the child.

 

The source of funding is:  

 

Legal Advice obtained  No

Financial Advice obtained  No 

The following documents have been used to assist the decision process.

 

 

Contact Officer: Martin Sadler       Tel No 7852

 

 

 

*           This matter is also subject to consideration by the Assistant Mayor for   and, accordingly, has been referred to that Assistant Mayor for a decision.

x

*           This decision is not subject to consideration by another Assistant Mayor.

x

 

*           This document records a key decision, but the matter was not included in the Council's Forward Plan and it has been dealt with under the emergency procedure.

*           This decision is urgent and is not subject to call-in, in accordance with paragraph 5 of the Decision Making Procedure Rules

*           The appropriate Scrutiny Committee to call-in the decision is the Children’s Services Scrutiny Select Committee.

 

 

 

 

FOR COMMITTEE SERVICES USE ONLY

 

*           This decision was published on 26.09.19.

*           This decision will come in force on03.10.19  unless it is called-in in accordance with the Decision Making Process Rules.

 

Salford City Council - Record of Decision

 

I, John Merry, Lead Member for Children and Young People in exercise of the powers contained within the City Council constitution do hereby approve:

 

Emma Parkinson to be appointed to the central list for the fostering panel

    

Emma Parkinson is suitable for this role as she is a qualified social worker. She is also  practice manager with the fostering team in Salford. She has a good understanding of child development, safeguarding and issues involved when assessing adults as foster carers and when foster carers go on to adopt children. 

 

Emma understands how panels work and the role of panel within the decision making process.

 

Emma understands what is required from a good assessment of adults wanting  to care for children. She has direct knowledge of fostering through her work as Practice Manager

 

 

Assessment of Risk:

 

As a fostering agency there is a duty to have an appropriately constituted panel in line with regulations and good practice. If panel does not have the required number of independent members then it cannot proceed on the day and the work of the fostering agency would be delayed. Fostering is highly regulated and delay from this type of reason would not be acceptable for the agency and more importantly for the child.

 

The source of funding is: 

 

Legal Advice obtained  No

Financial Advice obtained  No 

The following documents have been used to assist the decision process.

 

 

Contact Officer: Martin Sadler       Tel No 7852

 

 

 

*           This matter is also subject to consideration by the Assistant Mayor for   and, accordingly, has been referred to that Assistant Mayor for a decision.

x

*           This decision is not subject to consideration by another Assistant Mayor.

x

 

*           This document records a key decision, but the matter was not included in the Council's Forward Plan and it has been dealt with under the emergency procedure.

*           This decision is urgent and is not subject to call-in, in accordance with paragraph 5 of the Decision Making Procedure Rules

*           The appropriate Scrutiny Committee to call-in the decision is the Children’s Services Scrutiny Select Committee.

 

 

 

Signed: ………………Councillor John Merry .................           Date: 26.09.19

City Mayor

 

FOR COMMITTEE SERVICES USE ONLY

 

*           This decision was published on 26.09.19.

*           This decision will come in force on 03.10.19 unless it is called-in in accordance with the Decision Making Process Rules.

 


08/10/2019 - Traffic Regulation Order - Howard Street Area, Ordsall and Langworthy. ref: 551    Recommendations Approved (subject to call-in)

Decision Maker: Lead Member for Planning and Sustainable Development

Made at meeting: 08/10/2019 - Lead Member for Planning and Sustainable Development

Decision published: 08/10/2019

Effective from: 16/10/2019

Decision:

Salford City Council - Record of Decision

 

I, Councillor Derek Antrobus, Lead Member for Planning and Sustainable Development, in exercise of the powers contained within the Council Constitution, do hereby authorise the making of the Traffic Regulation Order:

 

City of Salford (Howard Street Area, Ordsall and Langworthy) (Prohibition of Waiting) Order 2019

 

The Reasons are:

 

The Proposed No Waiting at Any Time restrictions have been promoted by the Ordsall and Langworthy Community Committee Highways Task Group following concerns raised to them by residents in the area. The restrictions are required in the interest of highway safety and to ensure that delivery and refuse collection vehicles can gain access to the properties within the area and are not restricted by long stay parking.

 

The sole objector to the advertised proposal has not expressed any particular location(s) of concern, but has reiterated that residents need to park. If residents are parking in locations identified for restrictions, they are creating a hazard to other road users, compromising road safety and on occasions causing access difficulties for larger vehicles that require access to the area.

 

Assessment of Risk:   

 

Implementation of the No Waiting At Any Time restrictions would ensure safe access and egress and protect minimum sightlines, improving road safety in the area, especially for children, cyclists and other vulnerable road users.

 

Legal Advice obtained: 

 

When commissioning contracts for the procurement of goods, services or the execution of works, the Council must comply with the requirements of the Public Contracts Regulations 2015 (PCR) and its own Contractual Standing Orders (CSO’s) failing which the decision may be subject to legal challenge.

 

The report seeks approval for the instruction of Urban Vision Partnership Limited to introduce waiting restrictions in the Howard Street area as set out in the report. In that regard, the Council will effectively appoint Urban Vision under the terms of the exclusivity arrangement with them contained in the Development Services Partnership Agreement which provides the Council with suitable rights and protections. In any event, the value of the works does not exceed £10,000, for which CSO’s provide that an informal written quotation from 1 (or more) suitable person(s) or firm(s) is compliant.

 

A Traffic Regulation Order will be required to introduce the prohibition of waiting restrictions. This should not give rise to any particular legal implications provided the works and procedures are carried out in accordance with the relevant statutory requirements, which would include the consideration of any objections to the proposed TRO.

 

Financial Advice obtained:     

 

The cost of the proposed scheme will be met from the approved Highways Devolved Capital Allocation for Ordsall & Langworthy, in the 2018/19 financial year

 

Procurement Advice obtained:

 

Urban Vision Partnership was procured through a fully compliant OJEU process.  The services outlined within the report are delivered under the exclusivity agreement in line with the Council’s contractual standing orders.

 

 

 

 

 

The following documents have been used to assist the decision process.

Proposal plan, Lead Member report, letters of objection


Contact Officer:  

Robert Owen                          Tel No. 0161 779 4848

Ray Scholes                           Tel No. 0161 779 4991

 

This decision is not subject to consideration by another Lead Member.

The appropriate scrutiny panel to call-in the decision is the Growth & Prosperity Scrutiny Panel.

 

 

 

 

 

Signed: Councillor Antrobus                                       Dated: 8th October 2019

Lead Member for Planning & Sustainable Development

 

 

FOR DEMOCRATIC SERVICES USE ONLY

 

This decision was published on 8th October 2019.

 

This decision will come in force at 4.00 p.m. on 15th October 2019, unless it is called-in in accordance with the Decision Making Process Rules.