Agenda and draft minutes

The Chairman welcomed Councillor Tom Oliver to his first meeting as a member of the Cabinet with the Communities & Equalities portfolio. He commented on the increasing diversity of the population of Dartford and felt that it was right that the value of this should be reflected in the composition of the Cabinet and Cabinet portfolios.

The Chairman also offered his congratulations to all Members from every political group on the Council who had been elected in the recent elections and hoped that they would work together for the benefit of local people irrespective of different political views.

There were no apologies for absence.

To receive declarations of interest from Members including the terms(s) of the Grant of Dispensation (if any) by the Audit Board or the Chief Officer & Director of Corporate Services.

There were no declarations of interests.

Summary:

To consider the minutes of the meeting of the Cabinet held on 23 March 2023.

Recommendation:

That the minutes of the meeting of the Cabinet held on 23 March 2023 be confirmed as an accurate record.

The Cabinet considered the minutes of its meeting which took place on 23 March 2023.

            RESOLVED:

That the minutes of the meeting of the Cabinet held on 23 March 2023 be confirmed as an accurate record.

There were no urgent items.

The Cabinet received the minutes of the meeting of Cabinet Advisory Panel B which took place on 5 June 2023 and had regard to the views expressed by the Panel throughout the meeting.

            RESOLVED:

That the minutes of the meeting of Cabinet Advisory Panel B held on 5 June 2023 be noted.

There were no references from other committees.

Summary:

To consider factors affecting the Council’s waste collection services and the future provision of the Council’s waste collection services. This report seeks to explain the current uncertainties and propose the way forward.

Recommendations:

1.  That Cabinet note and consider the issues raised in the report; and

2. That Cabinet agree the recommendations given at section 3.10 of the report.

The Cabinet considered a report which outlined factors affecting the current and future operation of the Council’s waste collection services, its duties as a waste collection authority and the impact of proposals by the Waste Disposal Authority, Kent County Council. The Council’s current 5 year contract for waste collection and environmental cleansing with Urbaser was due to end on 30 June 2024 and many of the factors detailed in the report could have significant impacts upon future service delivery, including the shape and scale of delivery, and therefore any future contract for service provision. The Government had been developing a wide-ranging series of waste reforms as part of its green agenda, many of which were detailed in Part 3 of the Environment Act 2021 and would significantly affect local authority waste and recycling services. Provisions included measures to reduce packaging waste, to further encourage re-use and recycling and to improve the way waste will be collected. The Part 3 provisions had yet to come into force through ‘commencement regulations’ (the Regulations).

The Part 3 waste reforms included a requirement for local authorities to collect glass, paper & card, plastics, metals, garden and food waste separately from other general waste. It was also possible that the Regulations could require each waste stream to be collected separately from each other i.e. co-mingled collections of recycling would no longer be allowed. The Government was also considering banning authorities from charging directly for garden waste collections and requiring them to provide garden waste collections to all properties. It was likely that authorities wishing to continue with co-mingled collections would be required to demonstrate that it was both economic and best practice to do so. 

The Government was also establishing a fund to which all commercial users and producers of waste packaging would be required to contribute, with contributions determined by the amount of packaging produced. This fund would be distributed to local authorities according to a formula that rewards high quantity and quality recycling performance. Details of the formula were not known but it was believed that entirely separate collections of recycling would be considered to achieve the best results and that authorities offering fully separate collections would benefit from the fund the most.

The Government was also looking to establish a deposit return scheme for glass and plastic bottles and metal drinks cans operated through supermarket deposit banks which could result in a significant reduction in these items being placed in domestic waste for collection.

Kent County Council (KCC) was also looking at its waste disposal arrangements, including the possibility of creating a new waste transfer site in Dartford exclusively for the use of the Council’s contractor, which would be hugely beneficial, although it was also considering the closure of its Dartford Heath Waste & Recycling Centre. KCC was also suggesting that the Council should change its current kerbside collection service to a ‘twin stream’ service which would involve households being provided with a second wheelie-bin and additional food waste caddies.

There were still many  ...  view the full minutes text for item 7.

Summary:

To agree a draft Policy on Damp, Mould and Condensation for council tenanted properties. The Policy sets out the Council’s approach on how it will address and respond to reports of damp, mould and condensation in Council properties. It also outlines both the Council’s and tenant’s responsibilities in preventing, reducing and treating damp, mould and condensation.

Recommendations:

1. That the draft Damp, Mould and Condensation Policy for Council Tenanted Properties, attached at Appendix A to the report, be approved;

2. That the consultation comments and responses, attached at Appendix B to the report be noted; and

3. That the Director of Housing and Public Protection be granted delegated authority to approve any minor or legislative in-year amendments to the Policy, as required.

The Cabinet considered a report which detailed the Council’s actions in response to the Housing Ombudsman’s ‘spotlight’ report on damp and mould published on 26 October 2021. This stated that landlords should take a zero-tolerance approach to damp and mould and that landlords should be proactive when addressing damp and mould to improve the experience of tenants. The Ombudsman’s report was written following a high number of complaints from tenants that certain landlords did not act appropriately to deal with these issues and before the tragic death of two year old Awaab Ishak.

The Council had developed a Draft Damp, Mould and Condensation Policy to specifically address the problems associated with damp and mould highlighted in the Housing Ombudsman’s report, and to cover each area where the Council as a landlord might be required to act. The draft policy covered proactive interventions to be taken, the approach to diagnosis, actions considered appropriate in different circumstances, effective communication and aftercare. This reflected the Council’s ongoing commitment to tackling damp and mould in its properties, and the recognition of the serious health implications that these issues posed to tenants. The key aim of the policy was to raise awareness of the issues surrounding damp, mould and condensation, and to set out the Councils pro-active approach to addressing and resolving any issues in its properties.

The key objectives of the Policy were:

·                     To take a zero-tolerance approach to damp and mould;

·                     To raise awareness of landlord and tenant responsibilities on damp and mould;

·                     To provide and maintain dry, warm and healthy homes for all tenants, reducing the number of homes with damp and mould;

·                     To ensure responsive repairs to alleviate damp are carried out quickly and as efficiently as possible;

·                     To ensure the fabric of properties are protected from deterioration and damage resulting from damp and mould;

·                     To work in partnership with tenants to resolve the issues of damp and mould in their homes. This will include providing tenants with information, materials and support to prevent and help them reduce condensation in their homes;

·                     To reduce the number of complaints and disrepair claims regarding damp and mould;

·                     To ensure the service provided is accessible to all so everyone can easily report damp and mould;

·                     To ensure all tenants are treated in a fair, respectful, empathetic and consistent way.

The Policy also detailed how the Council would respond when a damp or mould issue was reported and contained a process map to drive the Council’s response from the reporting of the need for a repair until the completion of the works.

The policy had been subject to consultation with tenants and leaseholders, including the Dartford Tenant & Leaseholders Forum, and 30 responses had been received, which were detailed in Appendix B to the report. As a result two changes had been included in the policy. The policy had also been considered by the Housing Advisory Board at its meeting on 18 January 2023 which had endorsed the draft policy. 

The Cabinet noted the comments  ...  view the full minutes text for item 8.

Summary:

To consider a revised Housing Allocations Policy, following a review of the existing policy, to ensure a consistent approach and to reflect new legislation and/or operational methods.

Recommendations:

1. That the draft Housing Allocations Policy, attached at Appendix A to the report, be approved; and

2. That the Director of Housing and Public Protection be granted delegated authority to approve any legislative or minor in-year amendments to the Policy, as required.

The Cabinet considered a report which detailed proposed revisions to the existing Housing Allocations Policy which had been reviewed to reflect new legislation and/or operational methods since the last review of the policy in 2020. This had been subject to consultation with tenants (including the Dartford Tenant & Leaseholder Forum), residents and registered housing providers.

The main policy amendments were:

·         Removal of Band E from the allocations scheme as they are not eligible to bid for housing;

·         A local connection test will not be applied to victims of domestic abuse who have had to flee their home district and wish to apply to join the housing register. This was in response to a recent ruling which found a Council to have indirectly discriminated against an applicant on the housing register;

·         Additional priority will be given to homeless applicants that are homeless as a result of fleeing domestic abuse (as set out in s189(1) (e) Housing Act 1996 as inserted by s. 78 Domestic Abuse Act 2021;.

·         Priority may be given to applicants moving on from a domestic abuse refuge or safe accommodation as defined in the Domestic Abuse Act 2021;

• Properties will, from time to time and where available, be advertised for bidding specifically for applicants in band D for the reason of homelessness to ensure that homeless applicants in Band D have a reasonable preference to secure a property advertised on Kent Homechoice;
• Clarification that management transfers or reciprocal arrangements with other social landlords where violence, harassment or threats of violence are likely to be carried out include for reasons of domestic abuse and hate crime; and

·         Where applicants may have a medical need that requires an additional bedroom, this will be considered under a medical and welfare needs assessment where there is significant supporting medical evidence.

Despite the wide consultation only 1 response had been received and this had not resulted in any changes to the proposals. The removal of people in band E reflected the fact that they were not eligible for housing and the revised policy was therefore confined to those categories of applicant who had some eligibility for the allocation of housing. All applicants in band E had been notified of this change prior to consultation. 

The Housing Advisory Board had considered and endorsed the proposed policy at its meeting on 5 April 2023.

            RESOLVED:

1. That the draft Housing Allocations Policy, attached at Appendix A to the report, be approved; and

2. That the Director of Housing and Public Protection be granted delegated authority to approve any legislative or minor in-year amendments to the Policy as required.

Summary:

To approve a revised Housing Assignment Policy following a review of the existing policy to ensure that a fair and transparent service is provided to Dartford Borough Council tenants in terms of the Council’s approach towards statutory and non-statutory assignments.

Recommendations:

1. That the draft Housing Assignment Policy, attached at Appendix A to the report, be approved; and

2. That the Director of Housing and Public Protection be granted delegated authority to approve any legislative or minor in-year amendments to the Policy, as required.

The Cabinet considered a report which detailed the outcome of a review of the Assignment Policy which had been carried out following the completion of a self-assessment against the Government’s Regulatory Framework for Social Housing Tenancy Standards. The Policy outlined the Council’s approach towards statutory and non-statutory assignments, in order to provide a fair and transparent service to Dartford tenants.

The main changes and additions made to the Policy included clarification on the ways that mutual exchanges could be carried out, clarifying the meaning of ‘survivorship’ and the circumstances in which statutory succession is allowed pre-April 2012 and post-April 2012. After 2012 succession rights were limited to fewer household members. Minor amendments had been made due to the Council’s decision to end the granting of flexible tenants, a new data protection section had been added and the equality and diversity section updated. The Policy had been consulted on with tenants and the Dartford Tenant & Leaseholder’s Forum, and the four responses received were detailed in Appendix B to the report. One minor change had resulted as a result, to include that a property could be adapted to suit a successor’s medical needs, if required.

The policy had also been considered by the Housing Advisory Board at its meeting on 5 April 2023 which had endorsed the policy.

          RESOLVED:

1. That the draft Housing Assignment Policy, attached at Appendix A to the report, be approved; and

2. That the Director of Housing and Public Protection be granted delegated authority to approve any legislative or minor in-year amendments to the Policy, as required.

Summary:

To consider a revised Tenancy Fraud Policy for Council Housing following a review of the existing policy. The Policy sets out how the Council will prevent and tackle tenancy fraud within its own housing stock and applies to all Council tenancy lets, including lets made to new tenants, transfers and mutual exchanges.

Recommendations:

1. That the draft Tenancy Fraud Policy, attached at Appendix A to the report, be approved;

2. That the consultation comments and responses, attached at Appendix B to the report, be noted; and

3. That the Director of Housing and Public Protection be granted delegated authority to approve any legislative or minor in-year amendments to the Policy, as required.

The Cabinet considered a report which detailed the outcome of a review of the Council’s existing Tenancy Fraud Policy. The policy set out the steps that the Council would take to prevent and tackle tenancy fraud and had been consulted on with tenants (including the Dartford Tenant & Leaseholders Forum) and residents. It had also been consulted on with the Fraud Team and the Community Safety Unit. 8 responses had been received, which were detailed in Appendix B to the report, but no changes to the policy were proposed as a result.

The main changes and additions made to the existing Policy included adding the powers available to Councils under the Prevention of Social Housing Fraud Act 2013 and information on how Council employees may report suspected tenancy fraud. Right to buy fraud had also been included as a form of tenancy fraud, and new complaints, data protection and equality and diversity sections had been added to the Policy. The Council had also published a Counter-Fraud and Corruption Strategy, which detailed the Council’s overall commitment towards the prevention of fraud and corruption (including bribery) from both internal and external sources.

The policy had also been considered and endorsed by the Housing Advisory Board at its meeting on 5 April 2023.

            RESOLVED:

1. That the draft Tenancy Fraud Policy, attached at Appendix A to the report, be approved;

2. That the consultation comments and responses, attached at Appendix B to the report, be noted; and

3. That the Director of Housing and Public Protection be granted delegated authority to approve any legislative or minor in-year amendments to the Policy, as required.

Summary:

Following a successful bid to the Department of Business, Energy & Industrial Strategy (BEIS) for Social Housing Decarbonisation funding (SHDF) to deliver energy efficiency works to the Council’s social housing HRA properties, the housing team now need to procure a contractor to deliver the works. Please note that BEIS has been disbanded as part of a reorganisation and the funding is now managed by the Department for Energy Security and Net Zero (DESNZ).

Recommendations:

1. That the new work programme is added to the HRA (Housing Revenue Account) Capital Budget, as per the schedule at appendix A to the report, via a combination of virements to the existing programme, identified revenue cost reductions and an increase in spending to match the amount of the grant so that the total revenue envelope remains the same over the three years (see paragraph 3.10); and

2. That for the reasons detailed in para.3.7 of the report, Contract Standing Order 7.5 be waivered and the contract for the energy efficiency works to the Council’s HRA Housing Stock be awarded to a contractor under the FUSION 21 framework purchasing scheme where the competition has already been undertaken on behalf of the Council.

The Cabinet was informed that the Council had bid successfully for Government funding from the Social Housing Decarbonisation funding (SHDF) to deliver energy efficiency works to the Council’s social housing HRA properties. The Council had been awarded a grant of £1,744,000, which required a co-funding of £1,889,533 to help fund the installation of energy efficient measures to approx. 154 social housing homes. This programme of works would deliver energy savings for residents, saving on average 5000kwh per annum on heating demand. The reduction in gas usage as a result of the external wall insulation would make a carbon saving of over 150 tonnes per annum. 

However, the award of the grant was conditional on preparation for the project starting before June 2023 and for all works to be completed before the end of March 2025. Preparation had commenced and a specialist consultant had started to survey properties and collate designs for the properties applicable. To ensure that the completion deadline for the funding could be achieved it was necessary to appoint a contractor at the earliest opportunity. The Cabinet was therefore asked to waive Contract Standing Order 7.5 to allow the contract to be awarded to a contractor under the FUSION 21 framework purchasing scheme.

The Cabinet noted the points raised at the Cabinet Advisory Panel and the clarification provided at the meeting.

The Cabinet welcomed the ground-breaking programme of work being carried out in Dartford to improve energy efficiency and the green agenda. The significant projects being carried out across departments, most notably in Housing Services, were noted, as was the contribution of the Council’s Climate Change Team in drawing many aspects of this work together and supporting successful funding bids.  

RESOLVED:

1. That the new work programme is added to the HRA (Housing Revenue Account) Capital Budget, as per the schedule at appendix A to the report, via a combination of virements to the existing programme, identified revenue cost reductions and an increase in spending to match the amount of the grant so that the total revenue envelope remains the same over the three years (see paragraph 3.10); and

2. That for the reasons detailed in para.3.7 of the report, Contract Standing Order 7.5 be waivered and the contract for the energy efficiency works to the Council’s HRA Housing Stock be awarded to a contractor under the FUSION 21 framework purchasing scheme where the competition has already been undertaken on behalf of the Council.

Summary:

To approve the transfer of any remaining funding from the Council Tax Support Fund, to the Exceptional Hardship Fund.

Recommendation:

That the transfer of any remaining funding from the Council Tax Support Fund, to the Exceptional Hardship Fund, be approved.

The Cabinet considered a report which proposed the transfer of any remaining funding from the Council Tax Support Fund when that scheme closed, to the Exceptional Hardship Fund, which assists low income households experiencing financial difficulties. It was anticipated that the balance for transfer would be in the region of £37,000.

RESOLVED:

That the transfer of any remaining funding from the Council Tax Support Fund, to the Exceptional Hardship Fund, be approved.

Summary:

To report to Cabinet, in accordance with the requirements of Standing Order 38(2)(b), the delegated action taken under Standing Order 38(2)(a) by the Director of Growth & Community, in consultation with the Cabinet Chairman, to accept the offer of settlement with the third party named in exempt Appendix A to the report. The settlement offer is time limited and needed to be agreed before the next available Cabinet date.

Recommendation:

That Cabinet note the action taken by the Director of Growth & Community, in consultation with the Cabinet Chairman, under Standing Order 38(2)(a), to accept the offer of settlement with the third party named in exempt Appendix A.

In accordance with the requirements of Standing Order 38(2)(b), the Cabinet considered a report which detailed a delegated action taken by the Director of Growth & Community under Standing Order 38(2)(a), in consultation with the Cabinet Chairman, to accept the offer of settlement with the third party named in exempt Appendix A to the report. The settlement offer was time limited and needed to be agreed before the next available Cabinet date.

The Cabinet welcomed the settlement of this contractual claim and the resolution of a commercial dispute between the parties on a fair and equitable basis. The suggestion by a member of the Cabinet Advisory Panel that this item should be referred to the Audit Board was not supported as the matter had been fully considered in accordance with the Council’s established procedures.   

RESOLVED:

That Cabinet note the action taken by the Director of Growth & Community, in consultation with the Cabinet Chairman, under Standing Order 38(2)(a), to accept the offer of settlement with the third party named in exempt Appendix A.

Summary:

To consider the settlement of a contractual claim with a third party as outlined in exempt Appendix A to the main report.

Recommendation:

That the content of Exempt Appendix A to the main report be noted.

The Cabinet considered the details of the settlement of a contractual claim with a third party as outlined in exempt Appendix A to the main report.

RESOLVED:

That the content of Exempt Appendix A to the main report (minute 14 above refers) be noted.