Agenda and draft minutes

(if any)

Head of Local Democracy and Member Services to report that the Overview and Scrutiny Committee of 15 August 2011 on consideration of a Call In of the Cabinet’s decision of 19 July 2011 vide Minute CAB.20 relating to the Proposed Closure of Three Older People’s Residential Care Homes and One Learning Disabilities Residential and Respite Home resolved as follows –

RESOLVED

2a.       That CAB20 – Proposed Closure of three older people’s residential care homes and one learning disabilities residential and respite care homes be referred back to the Cabinet as the decision taker for reconsideration of the decision before taking a final decision.

2b.       That in reconsidering the decision the Cabinet pay particular attention             to:

i.          The points raised within the written submission from Bindmans (Solicitors) and satisfy itself that the Council had fulfilled all legal requirements and had not acted outside of the requirements for consultation and human rights.

ii.         Financial transparency: the Cabinet should consider the full financial implications of the closures; not simply in terms of budget strands for residential care homes but also for Whitehall Street but also take into account the aggregated impact that increased alternative service provision will have on other budgets within the Council.

iii.        Consultation and engagement: the Cabinet should develop a model of services intended to replace the current provision of respite and residential care. It should be based on a comprehensive programme of engagement with service users, their carers and families and other stakeholders.

Part Four Section H (Call In Procedure Rules) Paragraph 10 (b) of the Constitution requires that when the Overview and Scrutiny Committee decides to refer a decision back to a decision maker then the decision taker has 5 working days to reconsider the decision before taking a final decision.

The following documents are attached –

1. Report of the Monitoring Officer;
2. Report of the Director of Adult and Housing Services;
3. Written Submission made by Bindmans (Solicitors) to which resolution 2b i above refers.

Additional documents for information –

4. Copy of the ‘Call In’;
5. Extract from published minutes of the Cabinet meeting of 19 July 2011;

f.     Report of the Director of Adult and Housing Services considered by the Cabinet on 19 July 2011.