Issue - items at meetings - Tenant Scrutiny

Report of the Strategic Director; Place together with extracts from the Housing Committee meeting held on the 26^th September and the Housing Management Consultative Sub-Committee meeting held on the 4^th September 2012 (copies attached).

(1)               That the establishment of a Tenant Scrutiny Panel in Brighton & Hove, with the terms of reference set out in Appendix A to the report with effect from December 2012 be agreed; 

(2)               That the Head of Housing be granted delegated powers to:

(i)           after consultation with the Chair of the Housing Committee and tenant representatives as he/she considers appropriate, appoint the selection panel for the appointment of Members of the Tenant Scrutiny Panel;

(ii)         after consultation with the Monitoring Officer, the Chair of Housing Committee and relevant tenant representatives, agree the code of conduct that would apply to Members of the Tenant Scrutiny Panel;

(iii)  take any steps necessary or incidental to the establishment  and continued operation of the Tenant Scrutiny Panel, including the power to make transitional arrangements as he/she thinks fit.

(3)               That the role of the Overview & Scrutiny Committee be noted, including the powers regarding scrutiny and call-in are not affected by these proposals although the existence of the Panel and its work will be a factor taken into account in deciding what issues the committee reviews.

56.1         RESOLVED:

(1)         That the establishment of a Tenant Scrutiny Panel in Brighton & Hove, with the terms of reference set out in Appendix A to the report with effect from December 2012 be agreed; 

(2)         That the Head of Housing be granted delegated powers to:

(i)           after consultation with the Chair of the Housing Committee and tenant representatives as he/she considers appropriate, appoint the selection panel for the appointment of Members of the Tenant Scrutiny Panel;

(ii)         after consultation with the Monitoring Officer, the Chair of Housing Committee and relevant tenant representatives, agree the code of conduct that would apply to Members of the Tenant Scrutiny Panel;

(iii)  take any steps necessary or incidental to the establishment  and continued operation of the Tenant Scrutiny Panel, including the power to make transitional arrangements as he/she thinks fit.

(3)         That the role of the Overview & Scrutiny Committee be noted, including the powers regarding scrutiny and call-in are not affected by these proposals although the existence of the Panel and its work will be a factor taken into account in deciding what issues the committee reviews.

Report of the Strategic Director, Place (copy attached).

1. That the Housing Committee recommends to Policy & Resources Committee that proposals in the report as outlined in 2.3 and 2.4 below, are agreed.

2. That Policy & Resources Committee agrees to the establishment of a Tenant Scrutiny Panel in Brighton & Hove, with the terms of reference set out in Appendix A to this report with effect from December 2012.

3. That the Strategic Director, Place/Head of Housing & Social Inclusion be granted delegated powers to:

(1)       after consultation with the Chair of the Housing Committee and tenant representatives as he/she considers appropriate, appoint the selection panel for the appointment of Members of the Tenant Scrutiny Panel;

(2)       after consultation with the Monitoring Officer, the Chair of Housing Committee and relevant tenant representatives, agree the code of conduct that would apply to Members of the Tenant Scrutiny Panel:

(3)       take any steps necessary or incidental to the establishment and continued operation of the Tenant Scrutiny Panel, including the power to make transitional arrangements as he/she thinks fit.

4. That Policy & Resources Committee note that the role of the Overview & Scrutiny Committee, including the powers regarding scrutiny and call-in are not affected by these proposals although the existence of the Panel and its work will be a factor taken into account in deciding what issues the committee reviews.

21.1The Committee considered a report of the Strategic Director Place on the creation of a Tenant Scrutiny Panel. The report set out the model for the Introduction of Tenant Scrutiny Panels in the city. The matter had previously been considered by the City Assembly, Housing Area Panels and the Housing Management Consultative Sub Committee.

20.1         RESOLVED:

1. That the Housing Committee recommends to Policy & Resources Committee that proposals in the report as outlined in 3 and 4 below, are agreed.

2. That Policy & Resources Committee agrees to the establishment of a Tenant Scrutiny Panel in Brighton & Hove, with the terms of reference set out in Appendix A to this report with effect from December 2012.

3. That the Strategic Director, Place/Head of Housing & Social Inclusion be granted delegated powers to:
   1. after consultation with the Chair of the Housing Committee and tenant representatives as he/she considers appropriate, appoint the selection panel for the appointment of Members of the Tenant Scrutiny Panel;
   2. after consultation with the Monitoring Officer, the Chair of Housing Committee and relevant tenant representatives, agree the code of conduct that would apply to Members of the Tenant Scrutiny Panel:
   3. take any steps necessary or incidental to the establishment and continued operation of the Tenant Scrutiny Panel, including the power to make transitional arrangements as he/she thinks fit.

4. That Policy & Resources Committee note that the role of the Overview & Scrutiny Committee, including the powers regarding scrutiny and call-in are not affected by these proposals although the existence of the Panel and its work will be a factor taken into account in deciding what issues the committee reviews.

Report of the Strategic Director Place (copy attached)

16.1The Committee considered a report of the Strategic Director Place, on the creation of a Tenant Scrutiny Panel (TSP). The report set out the model for the introduction of a TSP in Brighton and Hove.

16.2 Councillor Mears noted that recommendations of the TSP would be presented to the Housing Committee, and asked if it could also be presented to Housing Management Consultative Sub Committee (HMCSC) for information. Councillor Mears was concerned that the creation of a TSP would devalue the role of the HMCSC, and asked if the long term plan was to get rid of the Committee altogether.  The Chair assured the Committee that she had no intention of removing the HMCSC. Officers referred Councillor Mears to paragraph 5.6 of the report which stated that all recommendations of the TSP would be presented to the Housing Committee and then the responses of that Committee would then be reported to the HMCSC. Officers explained that TSP would make recommendations directly to the Council’s Housing Committee rather than formally via HMCSC. This was because HMCSC and Housing Committee had an overlapping membership, and it was a fundamental principle of scrutiny that the body responding to scrutiny recommendations should be discrete from the body making those recommendations (i.e. that members should not sit on both bodies). However, this formal reporting pathway aside, it was intended that the TSP and HMCSC should be close and mutually supportive partners.

16.3 Mr Crowhurst asked if the TSP would be able to make any decisions themselves. Officers confirmed that the TSP could only make recommendations.

16.4 Mr Kent was concerned over the role of the HMCSC, previously it had been a full Committee and now it was a ‘sub’ Committee with no powers and asked why it had been changed. Mr Kent was advised that the council had agreed to move from a Cabinet system to a Committee system, and so this Committee was now part of the Housing Committee. The change had been agreed by Full Council.

16.5 Mr Melson was concerned that if tenants were conducting the scrutiny there was a possibility that it could become adversarial.  Officers reassured Mr Melson that a panel would need to be very clear about why it was being held, and confirmed that scrutiny officers would offer support to the TSP.

16.6 Councillor Robins thanked officers for the report and thought the introduction of a TSP was a positive thing, and encouraged everyone to support it. Councillor Robins asked if the Chair of the Panel would be independent. Officers said that the plan was to have an independent mentor who would be able to support the panel.

16.7 Councillor Peltzer Dunn agreed with the comments of Councillor Robins. Councillor Peltzer Dunn referred to the report and suggested the wording of paragraphs 5.3 and 5.6 be looked at, as they appeared to contradict each other. Councillor Peltzer Dunn noted that paragraph 1.2 stated that the report had ‘been’ presented to HMCSC on 4 September. The report on the Innovation Group, which recommended the creation of the TSP, had not yet been endorsed by the HMCSC and so the wording of that paragraph was misleading.

16.8 Mr Crowhurst asked if a TSP requested information, officers would be compelled to provide it. It was confirmed they would, subject to the usual scrutiny ‘access to information’ regulations.

16.9 RESOLVED

(1) That the Housing Management Consultative Sub Committee noted the report.

(2) That the comments of the Housing Management Consultative Sub Committee be taken into consideration.