Agenda and draft minutes

Extraordinary, Council
Thursday, 20th July, 2017 7.30 pm

Venue: Council Chamber - Town Hall. View directions

Contact: Leigh Webb  Democratic Services

Items
No. Item

C. 92

DECLARATIONS OF INTEREST

Members of the Council are requested to declare any interests which they have in any items or issues before the Council for determination.

Minutes:

Councillor Shori declared a personal interest in any item which related to staffing as his partner is an employee of Bury Council.

 

C. 93

EXCLUSION OF PRESS AND PUBLIC

To consider the exclusion of the press and public from the meeting, in accordance with the provisions of Section 100A, Schedule 12A of the Local Government Act 1972.

 

Minutes:

The Council’s Deputy Monitoring Officer provided verbal advice with regards to the provisions contained within Section 100A, schedule 12A the Local Government Act 1972.  Namely that, whilst the presumption is for all meetings of public authorities and any papers relating to them, to be public, there are rules that both require meetings to be held in private, or provide discretion to members to move into confidential session.

 

The law provides that members may consider exempting reports from publication and meeting in private where, amongst other things, there is information about an individual, information from which an individual may be identified, financial arrangements with an individual or the documents contain professional legal advice to which a claim of professional legal privilege could be made.

 

Based upon legal advice and with the involvement of the authors of the reports that form the background papers to the report before you, officers have prepared the documents with the minimum redaction necessary to protect those competing interests and so as to allow a debate in public today, should members so wish it.

 

The Deputy Monitoring Officer reported that this advice is being offered so that it is clear that members at the meeting have carefully considered competing interests and reached a balanced view.

 

Councillor Shori moved that the meeting be held in public, this was seconded by Councillor Daly and it was:-

 

RESOLVED:

 

That the Extraordinary Council meeting be held in public

C. 94

REPORT OF THE HUMAN RESOURCES AND APPEALS PANEL pdf icon PDF 77 KB

A report from the Interim Chief Executive is attached.

Additional documents:

Minutes:

It was moved by Councillor Shori and seconded by Councillor Simpson and it was:-

 

RESOLVED:

 

That the report be noted.

C. 95

NOTICES OF MOTION

The following Notices of Motion have been received:-

 

  1. The Council has received a report from the Human Resources and Appeals Panel from its meeting on 19th and 20th June 2017 and has noted the outcome of that process including the resignations without notice of the former Chief Executive and Executive Director for Children, Young People and Culture.

 

The Council further Notes: -

 

(a)The report prepared by Malcolm Newsam CBE requested by the Leader of the Council, Councillor Rishi Shori into historic children safeguarding at Bury;

 

(b) The content of the report dated 1 June 2017 prepared by Charles Bourne QC into disciplinary allegations;

 

(c)The ongoing dialogue with the Department of Communities of Local Government, OFSTED and KPMG (the Council’s External Auditors) who have raised no concerns about the management/leadership of the Council;

 

(d)The exceptional work of the Interim Chief Executive and Interim Leadership Team during this difficult period.

 

The Council resolves to:-

 

(i)          Invite Charles Bourne QC to extend the scope of his independent investigation into  the conduct of elected members in relation to the issues highlighted in the  Newsam report with the scope of the said investigation to be agreed by the Chair of the Council’s Standards Committee in consultation with the Leaders of the three political groups with the investigation to report back to the Standards Committee by no later than 30 October 2017.

 

(ii)         Implement the outstanding recommendations detailed in the Newsam Report (as set out within the attached action plan) with progress of implementation to be monitored by the Council’s Overview & Scrutiny Committee as a standing agenda item until the completion of all actions.

 

(iii)        To refer the content of the Newsam report to the Chair of the Bury Safeguarding Children’s Board for review and recommendations (where required).

 

In the names of Councillors  Shori, Simpson, Briggs, Kelly, O’Brien, Quinn and Tariq

 

  1. “The Council has noted with immense concern the contents of the report of Malcolm Newsam CBE, Commissioner for Children's Services at the Department for Education, following his investigation into the actions of both Members and Officers of this Council surrounding safeguarding issues.

 

This Council instructs the Interim Chief Executive and Monitoring Officer to:

 

1.   Authorise the Executive Director of Children, Young People and Culture to implement any outstanding recommendations of Malcolm Newsam CBE in relation to safeguarding and adoption procedures and report back to Full Council in September 2017.

 

2.   Invite the Office for Standards in Education, Children’s Services and Skills (Ofsted) to review and comment upon the findings of Malcolm Newsam CBE.

 

3.   Appoint an independent investigator from outside the Council [whose name shall be agreed by the three Political Group Leaders] who shall consider any breaches by any Member or Officer of this Council of the adopted codes of conduct for both members and officers and any allegations of illegality, maladministration, impropriety, breach of statutory code, Nolan Principles, or any action which has brought this Council and their office into disrepute, and report back to  ...  view the full agenda text for item C. 95

Minutes:

Three Notices of Motion had been received and set out in the Summons

 

A motion had been received and set out in the summons in the names of:

 

Councillors R Shori, A Simpson, K S Briggs, J Kelly, E O’Brien, A Quinn and T Tariq.

 

It was moved by Councillor Shori and seconded by Councillor Simpson that :-

 

 

1.           The Council has received a report from the Human Resources and Appeals Panel from its meeting on 19th and 20th June 2017 and has noted the outcome of that process including the resignations without notice of the former Chief Executive and Executive Director for Children, Young People and Culture.

 

The Council further Notes: -

 

(a)         The report prepared by Malcolm Newsam CBE requested by the Leader of the Council, Councillor Rishi Shori into historic children safeguarding at Bury;

(b)          The content of the report dated 1 June 2017 prepared by Charles Bourne QC into disciplinary allegations;

(c)         The ongoing dialogue with the Department of Communities of Local Government, OFSTED and KPMG (the Council’s External Auditors) who have raised no concerns about the management/leadership of the Council;

(d)        The exceptional work of the Interim Chief Executive and Interim Leadership Team during this difficult period.

 

The Council resolves to:-

 

(i)          Invite Charles Bourne QC to extend the scope of his independent investigation into  the conduct of elected members in relation to the issues highlighted in the  Newsam report with the scope of the said investigation to be agreed by the Chair of the Council’s Standards Committee in consultation with the Leaders of the three political groups with the investigation to report back to the Standards Committee by no later than 30 October 2017.

(ii)         Implement the outstanding recommendations detailed in the Newsam Report (as set out within the attached action plan) with progress of implementation to be monitored by the Council’s Overview & Scrutiny Committee as a standing agenda item until the completion of all actions.

(iii)        To refer the content of the Newsam report to the Chair of the Bury Safeguarding Children’s Board for review and recommendations (where required).

 

A combined amendment was submitted in the names of:

 

Councillors R Shori, J Daly and T Pickstone

 

With the consent of the meeting the motion was duly amended for debate as the substantive motion as follows:

 

The Council Notes:

 

(a) The contents of the report by Malcolm Newsam CBE, commissioned at the instruction of the Leader of the Council, Councillor Rishi Shori, into an historic children safeguarding issue in Bury;

(b) The content of the report dated 1 June 2017 prepared by Charles Bourne QC into disciplinary allegations against senior officers;

(c) The ongoing dialogue with the Department of Communities of Local Government, OFSTED and KPMG (the Council’s External Auditors) who have raised no concerns about the interim management/leadership of the Council.

 

Accordingly this Council resolves to:-

 

(i) Thank the Interim Chief Executive and the Senior Leadership Team for their exceptional work for the Council and the public  ...  view the full minutes text for item C. 95