Agenda and minutes

            Councillor Long declared a personal interest  as Chair of the South London & Maudsley NHS Trust.

            Councillor Paschoud declared personal interests in Item 10 as a member of the Sydenham Society and in Item 15 as a member of the British Computer Society and other IT professional bodies.

            Councillor Peake declared personal interests in Item 10 as a member of the Sydenham Society and the Forest Hill and Tewkesbury Lodge Residents Association and in Item 15 as a member of the NUJ.

            Councillor Griesenbeck declared a personal interest in Item 10 as a member of the Lee Manor Society.

The minutes of the Council held on 6 April 2011 were approved and signed as a true record.

            The formal civic adoption of  ATC 1475 Squadron was proposed by the

            Mayor and seconded by the Council’s Reserve Forces and Cadets

            Association representative, Councillor Pauline Morrison.

            In response Squadron Leader Kevin Mehmet MBE RAFVR(T)

            delivered the following address:

            “Your Worshipful the Mayor, Chairman of Council, Councillors and

            Members of the London Borough of Lewisham.

            Thank you for inviting me here this evening to address you all.  I know

            this is a privilege rarely granted and I am deeply honoured to be here

            representing my unit.

            Mr Mayor, one of your predecessors, Alderman Henry Edwin Brown

            JP, with the full support of this chamber on Thursday 12 June 1941

            constituted an air cadet unit to be known as No 1475 (3rd Lewisham)

            Squadron of the Air Training Corps.  Since then over 6100 cadets have

            passed through the unit and today, exactly 70 years and 17 days later

            I stand before you as the commanding officer of that very unit

            which is currently, out of 930 Squadron’s, the best in the United

            Kingdom having won the ATC’s coveted Sir Alan Lees Trophy.  From

            then to now, 1475 Squadron has proved itself to be a successful and

            effective unit and I assure this chamber that we have not forgotten

            where we came from.  The Squadron Band leading the

            Lewisham’s Remembrance Day parade is testimony to that.

            Regrettably, we moved out of Lewisham in 1956 – albeit just 10 yards

            outside the boundary on Lordship Lane, but we have maintained our

            links with our founding Borough all these years.  My first personal

            experience of that association, as the newly appointed CO, was when

            Cllr Peggy Fitzsimmons, then as Mayor paid us a visit to review our

            annual parade in 1986.  [Cllr Fitzsimmons do you recall that visit?]

            It is our priority to give our cadets opportunities to supplement their

            education in the hope that they will grow to be good citizens and make

            a valid contribution to their   community.  About two thirds of our cadets

            come from Lewisham.  1475 Squadron is proud to be able to serve this

            Borough through the young Lewisham citizens in its cadet ranks and in

            turn to encourage them to serve their community.  All with the

            support of our parent service the Royal Air Force.

            Lewisham has never let us go.  You have nurtured a sense of

            belonging to the heart of the Borough.  I am delighted to say that the

            association is firm and strong.  In April 2010 when Cllrs Barrie

            Anderson, then Chairman, and Sylvia Scott came to our HQ to present

            me with a life time achievement award for service to young people, I

            asked Cllr Scott why does the Borough maintain such a support for us

            even though we are outside the borough -  albeit just 10 yards.  Cllr

            Scott replied “…because you’re OURS, that’s why.  Well we are happy

            with that and honoured to be yours and this adoption will cement that

            relationship.  I am grateful to you Mr Mayor for proposing this  ...  view the full minutes text for item 23.

            (1) Birthday Honours LIst

            The Chair referred to the written report which recorded awards made to

            persons with a Lewisham connection in the Queen’s Birthday

            Honours List.

            (2) Conservative Group

            The Chair informed the Council that June 29 was Councillor David

            Britton’s last day as Conservative Group Leader. The Chair thanked

            Cllr Britton for his service over the last 5 years and wished his

            successor, Councillor Christine Allison, well, in her new role.

            (3) Molly Stanbridge

            The Chair reported the death in May at the age of 98 of former

            Borough Housing Officer Molly Stanbridge.

            Molly had started work in 1946 with the Metropolitan Borough of

            Deptford as a Housing Superintendent and continued as an employee

            when it merged with Lewisham in 1965.  She retired in 1978 as the

            Council’s Chief Housing Officer with, responsibility of 40,000 Council

            owned properties. She lived in North London and was given Freedom

            of the Borough of Enfield in 1988.

            All present observed a minutes silence in memory of Molly Stanbridge.

            (4) Catford Mews

            The Mayor updated the Council on the regeneration of the Catford

            Centre and the closure of the Catford Mews. He reminded the Council

            CRPL had been established with a mandate to regenerate the town

            centre on a commercial basis that protected the Council’s very

            substantial investment. Current stallholders were on flexible short term

            leases and the Mews had significant numbers of vacant units and

            licensees who were in arrears, resulting in the facility not being

            commercially viable.

            CRPL had identified a single tenant who would provide rental that

            would treble current income. Responsible current licensees were to

            receive compensation in the form of ex gratia payments as a gesture

            from CRPL.

            The Mayor expressed optimism that the Council was promoting a long

            term regeneration of Catford on a sound commercial basis.

            In answer to a question from Councillor Maines, the Mayor indicated

            officers were making efforts to identify potential alternative sites for

            traders who wished to continue in business in Catford.

      Councillor Jacq Paschoud presented a petition bearing 210 names

      calling on the Mayor to consider a permanent memorial to Henry

      Cooper on the Bellingham Estate.

      Councillor Fletcher presented a petition bearing 174 names calling on

      the Council to extend doorstep recycling to include more plastic

      containers such as food trays and tetrapaks.

      Councillor Daby presented a petition bearing more than 800 names 

      calling for an extension of the 225 bus from Hither Green Station to

      Downham Leisure Centre.

      Councillor Jeffrey presented a petition bearing 775 names calling on

      the Council to provide the public facility of 10 free half hour parking

      bays in the side streets off Hither Green Lane for the use of the

      community.

      Councillor Best presented a petition bearing 764 names opposing the

      planned July 2011 closure of the Kirkdale Learning Institute.

            20 questions were received from the following members of the public which were answered by the Cabinet Member indicated. Copies of all questions and answers were circulated separately.

            72 questions were asked from Members of the Council and written answers were provided by the Members indicated.

The Cabinet Member for Community Safety, Councillor Crada Onuegbu moved that the recommendation be approved, and this was seconded by the Chair of the Safer and Stronger Communities  Select Committee, Councillor Morrison.

Following contributions from Councillors Maines and Johnson and the Mayor, there was a reply by Councillor Onuegbu and it was unanimously:

RESOLVED that the 3 year strategy for the partnership to deal with crime and disorder in Lewisham be approved

The Cabinet Member for Customer Services, Councillor Susan Wise, moved that the recommendation be approved, and this was seconded by the Chair of the Sustainable Development Select Committee, Councillor Curran and it was

            RESOLVED that the Food Law Enforcement Plan for 20011-2012 be approved.

The Chair of the Strategic Planning Committee, Councillor John Paschoud, moved that the recommendation be approved, and this was seconded by the Chair of the Sustainable Development Select Committee, Councillor Curran and it was:

            RESOLVED that the Core Strategy be adopted as a statutory Development Plan Document with immediate effect.

(a)       SELCHP

            RESOLVED that the following appointments made by the Mayor be noted:

                        Mr T Scott

                        Cllr M Long (Deputy)

(b)       Scrutiny Select Committees

            RESOLVED that the following appointments made by the Overview & Scrutiny Committeebe noted:

                        Housing: Councillor Padmore to replace Councillor Long

                        Public Accounts: Councillor Long to replace Councillor Padmore

The Chair moved that his action to exempt two decisions, and the previous Chair’s actions to exempt four decisions from the Scrutiny process be noted, and this was seconded by the Vice-Chair, Councillor Harris.

In answer to a query from Councillor Feakes, Councillor Adefiranye confirmed he had carefully considered the two decisions that he had personally exempted and that going forward he would be happy to provide a summary of the questions he had raised.

RESOLVED that the action by the Chair of Council, under the urgency procedure set out in Rule 15 of Section E of the Constitution, not to subject three Executive Director decisions and three Mayoral decisions to scrutiny be noted.

The motion was moved by Councillor Bell and seconded by Councillor Curran.

Legal advice on the motion was tabled by the Head of Law as follows:

“Head of Law’s advice in relation to the following motion and the first proposed amendment to it (proposed by Councillors Maines and Griesenbeck)

“In the light of serious concerns regarding the care provided by some private providers, this Council calls on the Executive Directors for Community Services and CYP to immediately implement a programme of non-announced inspections of all care homes providing residential care facilities for people with disabilities and the elderly.”

When Council debates motions, my general approach is to advise that they be allowed in if possible to facilitate the fullness of debate.  There are two types of motion – those that would commit the Council to take some action, and those that have more general applicability without commitment on the Council’s part.

Where a motion falls into the second category – for example a motion which  condemns action by say British Rail or the Post Office, they are essentially political in nature, express political opinion and do not bind the Council to act.  No specific analysis of corporate, legal or financial implications is necessary. 

Where the Council would be committed to do something then a proper consideration of matters affecting the decision needs to be made.  This motion and the first proposed amendment  fall more closely into the second category and there are the following legal implications:-

(1) The Council has no statutory basis to carry out any inspections of residential homes generally.  That function lies with the CQC and we have no power to intervene. 

(2) We do have monitoring powers in relation to homes where we have commissioned the service, but these provisions are to be effected in accordance with the contractual provisions.   They are not the same things as CQC inspections and the only powers we would have would be under the contract , save of course to report appropriate matters to the CQC where concerns arose.

(3) We do have social work powers of course but these relate to the assessment of individuals for social care purposes not for spot inspections of care homes.

(4) People resident in the homes have a right to privacy generally but especially where we are not commissioning their residency, and we have no right whatsoever to interfere in their private arrangements where we have no statutory function. Where we do not commission the places, the provider would not even have to give us access to the premises for the purpose of inspection.

(5) Our insurers are likely to have views about our potentially assuming liability where we have no role.

So if the motion, whether as originally drafted or as amended in accordance with the first proposed amendment, were passed, I would have to advise that it could not be implemented in any event.”

Following receipt of the legal advice, Councillor Maines expressed disappointment that he had not been  ...  view the full minutes text for item 33.

The motion was formally moved by Councillor Fletcher and formally seconded seconded by Councillor Maines. The movers accepted an amendment proposed by Councillor Wise and seconded by Councillor Curran that deleted the words  'calls on the Mayor' and inserted'notes that the Mayor intends'.

RESOLVED that the following motion be agreed:

“Council notes the importance of increasing recycling rates in Lewisham and notes that the Mayor intends to increase the range of plastic items that can be included in the kerbside collections and to investigate increasing the volume of tetra pak beverage cartons that can be recycled in Lewisham”.

This motion was not considered prior to the end of the meeting.