Agenda and minutes

In accordance with the Council’s Code of Conduct and the statutory provisions of the Localism Act, Members and co-opted Members of the Council are reminded that it is a requirement to register disclosable pecuniary interests (DPIs) and gifts and hospitality to the value of which exceeds £50 or multiple gifts and/or instances of hospitality with a cumulative value of £50 or more when received from a single donor within a rolling twelve month period. In addition, Members and co-opted Members are reminded that unless their disclosable pecuniary interest is registered on the register of interests or is the subject of a pending notification to the Monitoring Officer, they are required to disclose those disclosable pecuniary interests at the meeting. This should be done by completing the Disclosure of Interest form and handing it to the Democratic Services representative at the start of the meeting. The Chair will then invite Members to make their disclosure orally at the commencement of Agenda item 3. Completed disclosure forms will be provided to the Monitoring Officer for inclusion on the Register of Members’ Interests.

There were none.

To receive notice of any business not on the agenda which in the opinion of the Chair, by reason of special circumstances, be considered as a matter of urgency.

There were no items of urgent business.

Cabinet Member: Leader of the Council, Councillor Hamida Ali

Officer: Interim Chief Executive, Katherine Kerswell

Key decision: no

The Leader of the Council informed Members that the report gave Cabinet a broad update on a number of areas relating to the council’s improvement journey, including the Improvement Plan and the government’s Rapid Review of the council which had been undertaken in November 2020 and published in February 2021. The Leader noted that it was encouraging that the Rapid Review report had recognised the efforts of both Members and officers to address the real challenges faced by the council. Additionally, the report to Cabinet covered the appointment of the Improvement and Assurance Panel which was welcomed by the council as their support and advice over the following three years would be an important aspect to the improvement journey.

Members were informed that the report provided details on the consultation which had been undertaken on the proposed Terms of Reference for an external Improvement Board which had shown there was support for transparency but concerns were raised in terms of ensuring the diverse community could be involved in the work. In response to the consultation outcomes the report outlined the proposal to pause the development of an Improvement Board until July 2021 and develop a Community Panel which would provide greater transparency on the work being undertaken and would enable the council to bring together a diverse range of community partners.

The Interim Chief Executive, Katherine Kerswell, advised Members that Cabinet would receive update reports each month to ensure Cabinet were being fully informed of progress. It was suggested that at some meetings those updates would be longer than others. Members were advised that the Improvement and Assurance Panel were at the ‘getting to know’ phase with colleagues across the council and that work had been very positive to-date.

The Cabinet Member for Culture & Regeneration welcomed the creation of a Community Panel as part of the renewal process for the borough as it was recognised that it was important to hear the voices of Croydon residents during the challenging period, but questions were asked as to how the council would ensure that the Panel was representative of the broad diversity of the borough. In response, the Leader noted that concerns had been raised in the consultation that there would only be a single representative from each part of the community but it was recognised that the borough was diverse and the council wanted to hear from all groups. As such, it was noted that work was required to engage and facilitate that communication which would be reported to the Cabinet meeting on 22 March 2021.

It was queried by the Cabinet Member for Economic Recovery & Skills how the Community Panel would differ from the Improvement & Assurance Panel as it was recognised that it was important that the business, community and voluntary sectors were involved in the improvement journey. It was stated by the Leader that when the Improvement Panel was being considered there would be expertise in relation to social care and commercial matters and other issues which had been  ...  view the full minutes text for item 17/21

Cabinet Member: Cabinet Member for Homes & Gateway Services, Councillor Jane Avis

Officer: Executive Director Health, Wellbeing & Adults, Guy Van Dichele

Key decision: no

The Cabinet Member for Homes & Gateway Services informed Members that the report proposed a policy which aimed to clarify and codify existing practice within the council's housing department and ensure compliance with the rent standards set by the government.

Members were informed, as a means of background, that the rent standard had been revised in 2020 which had set social housing rents at Consumer Price Index, plus 1%. This had replaced the 2016 rent standard which had reduced social housing rents by 1% over a four year period.

It was noted that work on developing the Housing Strategy had been put on hold due to covid-19 and staff being redeployed to support other priority areas. The proposed Policy, the Cabinet Member noted, would require Council approval and, if approved, would form part of the Housing and Homelessness Strategy which was being developed.

The Cabinet Member noted that at paragraph 5.2 of the report it mentioned that the council had developed and purchased 95 homes for affordable rent but that existing social rented properties had not been converted to affordable rent. It was stated that no further conversions from existing social rented homes to affordable tenure were allowable.

Ozay Ali, Interim Director for Homes & Social Investment informed Members that officers have reviewed the council’s rent policies to ensure they reflected guidance and best practice in the development of the proposed Policy. It was stated that compliance with government guidance on rents would support the council in delivering more homes in the future with it being possible to purchase up to 190 homes for the affordable homes programme. The Interim Director advised Members that the proposed Policy ensured compliance with government guidance, would enable the council to develop affordable housing and maintain current housing at rents which reflected best practice.

The Cabinet Member for Resources & Financial Governance welcomed the clarification the proposed Policy provided but queried whether an assessment had been undertaken on the council’s ability to collect rent due to the challenging financial climate. In response, the Interim Director confirmed that modelling had not been possible on individual levels but confirmed that the proposed rent levels were within government guidelines for housing allowances support and local housing caps. The Policy sought to bring rent levels in line with the sector and it was not anticipated that there would be an increase in rent arrears as a result.

The Cabinet Member welcomed the question and stated that the Policy followed four years of 1% reductions which over 30 to 40 years would have impacted the Housing Revenue Account by around £200,000. Whilst it was recognised that a continued reduction in rents would be welcomed by residents it would make ensuring properties were maintained appropriately more challenging. The rise in rents would enable the council to maintain services which residents had come to expect and following discussions with resident groups it was noted that residents were satisfied with the proposal. The Interim Director further informed Members that the Policy would enable the council  ...  view the full minutes text for item 18/21

Cabinet Member: Leader of the Council, Councillor Hamida Ali

Officer: Interim Chief Executive, Katherine Kerswell

Key decision: yes

The Leader introduced the report noting that it marked a significant moment in the context of the council’s recovery and thanked Chris Buss, Consultant, for his work in reviewing the options for the future of Brick by Brick. Options before Cabinet were the product of two sets of detailed analysis which had been undertaken. The first of which was assess how the company was operating and the council’s relationship with the company. That report had also identified a series of possible options which required further analysis. It was reported that following that initial report in November 2020 progress had been made to progress the recommendations with the appointment of non-executive directors with significant financial experience. Furthermore, the company had appointed a Finance Director, which had been a key recommendation from PwC, and significant work was underway to review and reconcile the loan agreements which were in place.

It was stated that the second analysis, which was contained within the report before Cabinet, had been designed to support the council to make a decision on how to move forward in terms of the future of the company. The Leader stressed that a fundamental principle driving the consideration of the most appropriate option had been to minimise the loss to the public. The first report had set out seven options and following further analysis an additional option had emerged; that the council conclude its relationship with Brick by Brick in October 2021 with the completion of the 29 remaining sites. Cabinet were asked to agree that option, subject to further exploration of possibly selling the company which still posed risk and challenge, as outlined within the report, but it was felt that there was less risk to the council with this option.

The Cabinet Member for Culture & Regeneration thanked those involved in undertaking the assessment and developing the report. It was highlighted by the Cabinet Member that the report recommended loaning Brick by Brick an additional up to £10m; as such he sought reassurance that any additional lending would be monitored by the council to ensure terms and conditions were adhered to and that the money was repaid to the council. In response, the Leader confirmed that there was recommendation for the council to make up to £10m available to Brick by Brick. It was further confirmed that the sale receipts from those sites which were due to complete before October 2021 would be used by Brick by Brick to limit the lending to the company. Work was also underway to reconcile the number of loan agreements which were in place to ensure there was absolute understanding between Brick by Brick and the council on those agreements.

Chris Buss, Consultant, confirmed that the loan agreements between the council and Brick by Brick were being worked through and that following a Cabinet decision a meeting would be held with the lawyers to review and finalise an agreement. Members were advised that the council would be, following agreement of the recommendations, dealing with an  ...  view the full minutes text for item 19/21

Cabinet Member: Cabinet Member for Croydon Renewal, Councillor Stuart King and Cabinet Member for Resources & Financial Governance, Councillor Callton Young

Officer: Executive Director Place, Shifa Mustafa

Key decision: yes

The Cabinet Member for Croydon Renewal informed Members that budget preparations were well underway, as had been discussed at a meeting of the Scrutiny & Overview Committee earlier that week. Three objectives were at the heart of the budget preparation; strengthening financial discipline to ensure the council lived within its means, ensuring the delivery of the best quality services which the council can afford, and limiting liabilities with a particular focus on property and assets. In relation to the last objective, the Cabinet Member stated that the report was an essential step towards achieving that goal.

It was noted that the council fully accepted the need to review all of the assets it owned and undertake asset disposal so as to reduce its borrowing requirement and focus on core business. To that end, an Interim Assets Disposal Strategy had been developed to support that work and covered commercial assets, such as the Croydon Park Hotel, and surplus operational sites. The Cabinet Member stated the Strategy would, in combination with the Corporate Asset Management Plan, ensure the best use of the council’s assets and complement the Capital Programme and the Medium Term Financial Strategy which were due to be considered at the following Cabinet meeting.

Following consideration by the Scrutiny & Overview Committee the report and Strategy had been updated in line with recommendations from the Committee including; ensuring ward councillors and Cabinet Members were consulted at the outset of the consideration of a disposal, the initial tranche of disposals were included in the Part A report, and additional information in terms of options considered for possible uses of Croydon Park Hotel had been included.

In terms of the options, including emergency and temporary accommodation, which had been considered in relation to the Croydon Park Hotel the Cabinet Member informed Members that he had seen the business case assessment for those options and was in agreement with the officer judgement that it would not be affordable and therefore viable option. To that end, the Cabinet Member highlighted the recommendation to appoint a tier one agent to prepare a marketing strategy and subject to approval manage a sales process for the Croydon Park Hotel with a report to Cabinet in September 2021.

The Cabinet Member noted that Members had raised that it was important that the council achieved best consideration whilst balancing the current economic climate with the timing of the disposals. It was noted by the Cabinet Member that achieving best consideration could be achieved by securing planning permissions on sites to add value to the asset. Additionally, he noted that Members had queried whether community led initiatives could be considered for the sites. The Interim Director of Homes & Social Investments advised Members that the approach to best consideration was set out as sections 6 and 7 of the report, which would include robust business cases. The process, it was confirmed, would include early consultation with ward councillors and Cabinet Members.

The Interim Director advised Members that the programme had been structured with  ...  view the full minutes text for item 20/21

Cabinet Member: Cabinet Member for Communities, Safety & Resilience, Councillor David Wood

Officer: Interim Chief Executive, Katherine Kerswell

Key decision: no

This item was taken as the second substantive item of the meeting following the Renewing Croydon Improvement Plan – Update.

The Cabinet Member for Communities, Safety & Resilience thanked the Equalities Manager, Yvonne Okiyo, and Director of Policy & Partnerships, Gavin Handford, for all of their work in developing the new Equalities Strategy. It was stated by the Cabinet Member that the council had a clear vision for Croydon to be a place of opportunity where everyone could belong. The challenge for the council was to make a difference through its work to continue to improve the life chances and lived experiences for its residents. It was noted that Cabinet was being asked to refer the adoption of the Equalities Strategy and new equality objectives to Council for adoption and to note the engagement and consultation which had been undertaken to develop the new Strategy.

The new priorities outlined within the Strategy were to address social inequalities through the council’s role as a community leader and employer, that the council work with residents to better understand the communities within the borough and that residents are encouraged and supported to live healthy lives. It was highlighted that the outcomes within the report closely aligned with the Equality Framework for Local Government. Additionally, the Equality Peer Challenge by the Local Government Association which had taken place in 2019 was also drawn upon to develop the Strategy.

The Cabinet Member thanked the Scrutiny & Overview Committee, partners and stakeholders for their invaluable feedback throughout the drafting process of the Strategy which had been incorporated where possible.

It was highlighted that the Strategy was designed to be a living document which was owned by the council and ran through all aspects of the council’s activities. At Section 4.7 of the report, it was noted by the Cabinet Member outlined that a high level board would be formed to coordinate the arrangement for embedding the policy and managing the implementation of the Strategy. As outlined within the appendices, each outcome had been considered on what actions would be taken and what success would look like with realistic timelines.

It was stated by the Cabinet Member that work had begun to align the Strategy with existing strategies and policies to avoid duplication and ensure there were compatible objectives throughout all of the policies and strategies of the council. It was recognised that the council was in a very different position than it was when work on developing the Strategy first began but the Cabinet Member assured Members that they had reappraised the objectives to reflect the new priorities and ways of working; as such it was suggested the document was working towards delivering achievable ambition.

The Leader also thanked the Equalities Manager and the Director of Policy & Partnerships for their work in developing the Strategy as it was recognised that a huge amount of work had gone into its development and also supporting the Peer Review. Tackling structural inequality was stated to be a central consideration of the work  ...  view the full minutes text for item 21/21

Cabinet Member: Cabinet Member for Children, Young People & Learning, Councillor Alisa Flemming

Officer: Interim Executive Director Children, Families & Education, Debbie Jones

Key decision: no

Due to technical difficulties experienced by Councillor Flemming this item was taken as the last substantive item of the agenda.

The Cabinet Member for Children, Young People & Learning noted that the report covered the work which the council had done with schools to support children and young period during the unprecedented times of the pandemic. It was highlighted that this report did not include progress data as young people’s results in 2020 were based on teacher assessments rather than exam results; as such the Department for Education had not published progress data for the previous academic year. Additionally, achievement data had not been provided in the report due to the impact of covid-19.

It was noted that the council had been supporting and working alongside schools in the borough since March 2020 to ensure outcomes were being delivered for young people. It was highlighted that this was an area which would need to be monitored closely going forward, particularly with phonics screening. The Cabinet Member noted that it was important that all young people, including those who had been home schooled and those who had continued to attend schools, were supported with additional learning where necessary.

The Leader recognised how challenging the previous year had been for young people and teachers and thanked all those who had been involved in ensuring education provision continued throughout the pandemic.

The Shadow Cabinet Member for Children, Young People & Learning applauded the work of the schools, and those supporting the schools, during such a difficult year. It was noted, however, that the pandemic had widened existing gaps between groups of young people and high and low performing schools. Furthermore, concerns were raised that with the financial difficulties facing the council that early help and adolescent services would be cut, especially as the Children, Families & Education department continued to overspend. The Shadow Cabinet Member queried whether it was a concern that support would be reduced for the most vulnerable children and families in the borough. 

In response, the Cabinet Member stated that the majority of school funding was grant funded and was transferred directly to the schools. In relation to the concerns raised in terms of safeguarding of young people, the Cabinet Member stressed that social care had ensured, where possible, that young people were supported within the school setting and those who were home schooled and were eligible for free school meals were in receipt of sufficient school vouchers.

The Cabinet Member further noted that it was widely recognised that gaps would increase and stated that she had been working with the Children’s London Policy Board to understand what a post covid-19 situation would look like for young people; including their mental and physical health. The Cabinet Member stressed the council had been supporting schools and young people throughout the pandemic and noted the impact would be further reaching than just financial but that the council would continue to provide support.

The Chair of the Children & Young People Scrutiny Sub-Committee raised concerns that some  ...  view the full minutes text for item 22/21

Lead Member: Chair of Scrutiny & Overview Committee, Councillor Sean Fitzsimmons

Officer: Executive Director Resources, Jacqueline Harris Baker

Key decision: no

The Chair of Scrutiny & Overview Committee noted that recommendations in relation to the Brick by Brick report and Interim Asset Disposal Strategy had been discussed earlier in the meeting whilst the items were considered. The final set of recommendations were from a meeting of the Children & Young People Scrutiny Sub-Committee. The Cabinet were asked to receive the recommendations.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To receive the recommendations arising from meetings of the Children & Young People Sub-Committee held on 19 January 2021 and Scrutiny & Overview Committee held on 4 & 9 February, and to provide a substantive response within two months (i.e. at the next available Cabinet meeting on 22 March 2021.

Cabinet Member: All Cabinet Members

Officer: Executive Director Resources, Jacqueline Harris Baker

Key decision: no

The Chair of Scrutiny & Overview Committee noted that all but one recommendation had been received which was in relation to the roles of the Scrutiny & Overview Committee and General Purposes & Audit Committee in terms of the Croydon Renewal Plan. It was noted that the Constitution would be reviewed and updated, where necessary, to capture any additional governance responsibilities in relation to the Croydon Renewal Plan.

The Chair of Children & Young People Scrutiny Sub-Committee thanked the Cabinet Member for Children, Young People & Learning for their constructive responses to recommendations.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To approve the response and action plans attached to the report at Appendix A and that these be reported to the Scrutiny and Overview Committee or relevant Sub-Committees.

Cabinet Member: Cabinet Member for Sustainable Croydon, Councillor Muhammad Ali

Officer: Executive Director Place, Shifa Mustafa

Key decision: yes

The Cabinet Member for Sustainable Croydon informed Members that the report was in response to the referral and recommendations from the Scrutiny & Overview Committee in relation to the call-in on Emissions Based Parking Charges. During its consideration of the called-in decision the Committee had considered a number of areas including the environmental and economic impact of the proposed removal of free parking bays; in particular in district centres.

Following its consideration, it was noted by the Cabinet Member that the Scrutiny & Overview Committee had recommended that the free parking bays be retained and a report be taken to a future meeting of the Traffic Management Advisory Committee to consider future parking policies. The Cabinet Member thanked the Committee for reviewing the decision and the points raised.

The Lead Opposition Member for Scrutiny welcomed the end to the suspension of free parking and requested confirmation that any future decisions on parking would be evidence led and would take into consideration local circumstances. In response, the Cabinet Member confirmed that future decisions would use available data.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.    Note the grounds for referral made by the Scrutiny & Overview Committee on the Emission-based Parking Charges key decision.

2.    Agree that:

1)    Parking charges across the Borough are increased in line with the recommendations made in

Key Decision No.: 5120ETR - Parking charges review January 2021

Key Decision No.: 0220PL - EMISSION-BASED PARKING CHARGES

2)    That where current free parking bays exist across the Borough that these remain free for the current time and that to note that a report will be submitted to the Traffic Management Advisory Committee that will explore the options available to achieve the policy outcomes required within the Parking Policy.

The following motion is to be moved and seconded where it is proposed to exclude the press and public from the remainder of a meeting:

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within those paragraphs indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

The following motion was moved by Councillor Flemming and seconded by Councillor Young to exclude the press and public:

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within paragraph 3 indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

The motion was put and it was agreed by the Committee to exclude the press and public for the remainder of the meeting.

Cabinet Member: Leader of the Council, Councillor Hamida Ali

Officer: Interim Chief Executive, Katherine Kerswell

Key decision: yes

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To approve the recommendations set out in Part A (minute no. 19/21).

The following motion was moved by Councillor Campbell and seconded by Councillor King to exclude the press and public:

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within paragraph 3 indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

The motion was put and it was agreed by the Committee to exclude the press and public for the remainder of the meeting.

Cabinet Member: Cabinet Member for Croydon Renewal, Councillor Stuart King and Cabinet Member for Resources & Financial Governance

Officer: Executive Director Place, Shifa Mustafa

Key decision: yes

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.     Approve the Interim Asset Disposal Strategy

2.     Approve the proposed list of assets for disposal and to progress the marketing of the initial tranche of asset disposals as set out in appendix 3 of Part B of the report including specific approvals for:

                                          i.     Valuation fees for the proposed disposals

                                         ii.     Other cost of sales budgetary requirements as included in appendix 3 of the report.

3.     Approve the proposed approach for the disposal and marketing of the Croydon Park Hotel as detailed in section 8 of the Part A report

4.     Note the requirement for additional resource to successfully manage and achieve this major project.