Officer Decisions

Date of Decision:

22/04/2021

Decision Maker:

(Including Job Title)

Jo Brown, Assistant Chief Executive

Specific Delegation:

(If any)

Constitution – Sub-Scheme of Delegation

Brief Description of Decision:

The reason for this decision is to extend the pre-existing, approved Controlling Migration Fund (CMF) programme, funded by the Ministry of Housing, Communities & Local Government (MHCLG).  Delivery of the CMF programme has been impacted by Covid-19, resulting in the need for re-profiling of the time period for delivery using existing underspend.

MHCLG have confirmed that the decision to extend the Rotherham Controlling Migration Fund programme was to be made by the Local Authority, taking into account local circumstances (see attached email from MHCLG).

The current deadline for delivery of the Rotherham CMF programme is 30^th September 2021.  It is proposed that delivery of the CMF programme is extended within the current financial year (using existing underspend) until 31st March 2022.  The final Impact Summary (Evaluation) for the programme will then be sent to MHCLG by 30th April 2022.

Reasons for the Decision:

Following the correspondence received from MHCLG, to approve the extension of delivery for the Controlling Migration Fund programme until 31^st March 2022 as detailed above.

Details of alternative options considered and rejected:

N/A

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

N/A

Dispensations Granted:

(If any)

N/A

Reports or parts of reports considered

Email correspondence from MHCLG.

Date of Decision:

21^st April 2021

Decision Maker:

(Including Job Title)

Sharon Kemp

Chief Executive

In consultation with the Leader

Specific Delegation:

(If any)

Delegation to the Chief Executive as determined by the RMBC Constitution.

Flag Protocol & Lighting Up of Buildings Policy.

Brief Description of Decision:

The Trade Union Congress has asked all Councils to join with them in marking Workers Memorial Day.

This will be commemorated on 28^th of April.

It is an internationally recognised occasion, to remember everyone killed or made ill through work.

The Council has been asked to mark this occasion by lighting up the Town Hall

Reasons for the Decision:

To protect workers given the Covid pandemic the TUC is being careful to protect all workers who usually gather in large numbers

at these events

In addition to online events the TUC have asked if Council buildings could be lit in purple on the evening of Wednesday the 28^th April to commemorate all those who have died in the last year.

Details of alternative options considered and rejected:

None.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None.

Dispensations Granted:

(If any)

None.

Reports or parts of reports considered

None.

Date of Decision:

12 April 2021

Decision Maker:

(Including Job Title)

Anne Marie Lubanski

Strategic Director of Adult Care, Housing and Public Health

Specific Delegation:

(If any)

Non-specific

Brief Description of Decision:

1)    Anyone eligible for the interim NHS hospital discharge funding scheme that commenced in March 2020 will not be expected to make client care contribution costs until 12 April 2021

2)    Anyone who has been already assessed and who has moved off the interim NHS funding, and has been making a financial contribution towards their care costs will be reimbursed their full client care contribution costs from the date they became eligible for the NHS funding until 11 April 2021 – inclusive.

3)    No back dated client contribution charges will be applied for anyone whose care services were incorrectly recorded as interim NHS funding codes but who were not eligible for the scheme.

4)    Anyone eligible to make a client contribution, and who still on the NHS funding scheme will become liable for their client care contribution cost from 12 April 2021

Reasons for the Decision:

As a result of the COVID19 pandemic interim NHS funding was introduced in March 2020 to facilitate timely discharges from hospital.

The new process for hospital discharge (and associated funding) created additional work as not everyone discharged on these schemes would have required a full reassessment under normal circumstances. Due to the additional workload there have been delays in completing the required assessments and updating the social care system.  The Council’s Charging Policy is that client contributions are backdated in line with the start date for care.  In this case this would mean backdating to the date of transition (assessment date) when NHS funding ceases and local funding arrangements resume.

At the point the NHS discharge funding ends, client contributions become payable if determined by an assessment. This could result in backdated charges arising.

The Council’s charging policy was designed for “business as usual” circumstances and does not account for the impact of a pandemic.  The decision not to charge during the period of delay ensures that people are treated fairly in the exceptional circumstances that have occurred. 

Is in accordance with the principles set out in the government guidance “Responding to COVID-19: the ethical framework for adult social care” Published 19 March 2020.

Due to the urgency of the decision the Leader used the authority invested him as ‘senior executive member’ under section 9E Local Government Act 1972 to authorise that the Strategic Director -Adult Care, Housing and Public Health should take this decision. It also complies with the Constitution at 7(6) special urgency due to the nature of the decision

A report will be made to Cabinet at its meeting on 21 June that will set out the decision taken and the reasons for the procedure that was used to take the decision.

Details of alternative options considered and rejected:

1)    To backdate client charges to the transition date in line with Council’s charging policy on charging from the service start date.

2)    To charge from the date of review (assessment date).

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

Reports or parts of reports considered

Briefing Paper – Strategic Director Finance and Customer Services – 26 March 2021

Date of Decision:

21 April 2021

Decision Maker:

(Including Job Title)

Paul Woodcock – Strategic Director for Regeneration and Environment

Specific Delegation:

(If any)

Non-specific

Brief Description of Decision:

That the Food and Feed Service Plan for 2020/21 be approved.

Reasons for the Decision:

The Council, as a Competent Authority, is required by the Food Standards Agency to produce a documented and up to date Food and Feed Service Plan which should be reviewed regularly. 

The Food and Feed Service Plan 2020/21 fulfils this statutory obligation.

Details of alternative options considered and rejected:

     There were no alternative options considered as it is a statutory obligation for the Council to publish a Food and Feed Service Plan.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No Conflicts of Interest

Dispensations Granted:

(If any)

 Not Applicable

Reports or parts of reports considered

The report of the Strategic Director for Regeneration and Environment - Food and Feed Service Plan 2020/21

Date of Decision:

16 April 2021

Decision Maker:

(Including Job Title)

Simon Moss

Assistant Director of Planning, Regeneration and Transport

Specific Delegation:

(If any)

Nonspecific

Brief Description of Decision:

1.    That the schedule showing the decision on the public phone box at Appendix 4 be approved.

2.    That the Final Notification is published, BT notified, and the Secretary of State informed of the decision made.

Reasons for the Decision:

To enable the statutory processes regarding the proposal by BT to permanently remove the telephony service and kiosk on Canklow Road S60 2XA to progress.

Details of alternative options considered and rejected:

Options available are to agree a Final Notification either to object or agree to the proposals for public phone box telephony service removal. The Council must be satisfied that it acted in accordance with the six community requirements set out in section 4 of the Communications Act (2003).

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No Conflicts of Interest

Dispensations Granted:

(If any)

 Not Applicable

Reports or parts of reports considered

The report of the Assistant Director – Planning, Regeneration and Transport - Proposal by BT to permanently remove the telephony service and kiosk on Canklow Road S60 2XA (Telephone Number 01709 377489)

Date of Decision:

14 April 2021

Decision Maker:

(Including Job Title)

Tom Smith,

Assistant Director, Community Safety and Street Scene

Specific Delegation:

(If any)

Non-specific

Brief Description of Decision:

1.    That the current joint Barnsley / Doncaster/ Rotherham Household Waste Recycling Centres managed services contract by be extended by two years.

2.    That during the extension period, the Assistant Director - Community Safety and Street Scene undertakes a full options appraisal in order to determine the best option for future service provision of Household Waste Recycling Centres in Rotherham, including an assessment of in-house provision, with the report be completed by March 2022.

Reasons for the Decision:

Extension of the current contract to its maximum permitted term length to expire at end October 2023 will allow for both the impacts of COVID-19 and the Resource and Waste Strategy on a subsequent service to be fully understood by Rotherham (and its fellow Councils as party to the current contract) before attempting to either re-procure or implement an alternative service delivery model.

Details of alternative options considered and rejected:

In-house

Bring the existing service in-house for Rotherham

Establish a Local Authority Trading Company

Set up a local authority trading company (LATCo) to deliver the service.

Allow the current contract to terminate in October 2021 and re-procure in the market.

Where the decision is made under specific delegation from a decision making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision and name of the body granting the specific delegation and the date when it did so:

No conflicts of interest

Background Papers:

The report of the Strategic Director – Regeneration and Environment - Household Waste Recycling Centres – Contract Extension

Date of Decision:

4 December 2020

Decision Maker:

(Including Job Title)

Judith Badger

Strategic Director of Finance and Customer Services

Specific Delegation:

(If any)

Non-specific

Brief Description of Decision:

That following review, the arrangements for the use of the Council’s Hardship Fund will continue for the remainder of the financial year 2020/21.

The Council will continue to provide £200 of support to new LCTS claimants, however, a further top up is to be provided in February 2021 to maximise the grant allocation within the current financial year.

Reasons for the Decision:

To providing support to economically vulnerable people and households in the borough from the allocation of the Hardship Fund from central government and maximise the benefit to those new LCTS claimants that have been most financially impacted by the pandemic.

Details of alternative options considered and rejected:

1.    Continue to provide the £200 support to new LCTS claimants, with no top up at present.

2.    Provide support to the Discretionary Housing Payments fund.

3.    Provide additional support to the work being carried out through the LA Emergency Assistance Grant. 

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No conflicts of interest

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

Briefing Paper – Update and review of the application of the Council’s Hardship Fund – 4 December 2020.

Date Of Decision:

7 April 2021

Decision Maker:

(Including Job Title)

Judith Badger

Section 151 Officer

Strategic Director Finance & Customer Services

Specific Delegation:

(If any)

Appendix 9 of the Constitution (Responsibility for Functions) – Delegation to the Strategic Director of Finance and Customer Services to determine requests for early release and flexible retirement, in consultation with the relevant Cabinet Member

Brief Description of Decision:

A request from a former employee asking for the early release of preserved pension benefits on compassionate grounds was rejected.

Reasons for the Decision:

The grounds of the request were not sufficient to meet the Council’s criteria and there would be a cost to the Council in releasing the pension benefits early.

Details of Alternative Options Considered and Rejected:

The employee was able to claim their preserved pension with actuarial reduction.   This would be communicated to the former employee.

Where the decision is made under specific delegation from a decision making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision and name of the body granting the specific delegation and the date when it did so:

None

Background Papers:

Date of Decision:

7 April 2021

Decision Maker:

(Including Job Title)

Judith Badger

Section 151 Officer

Strategic Director Finance & Customer Services

Specific Delegation:

(If any)

Appendix 9 of the Constitution (Responsibility for Functions) – Delegation to the Strategic Director of Finance and Customer Services to determine requests for early release and flexible retirement, in consultation with the relevant Cabinet Member.

Brief Description of Decision:

Approval was given to a request for flexible retirement in Adult Care, Housing and Public Health Directorate

Reasons for the Decision:

The employing service had considered service delivery implications and was supportive of the requests.  There was no cost associated with granting the early release of pension entitlements.

Details of Alternative Options Considered and Rejected:

None

Where the decision is made under specific delegation from a decision making body, the names of any member of the relevant body who has declared a conflict of interest in relation to the decision and name of the body granting the specific delegation and the date when it did so:

None

Background Papers:

Date of Decision:

9 April 2021

Decision Maker:

(Including Job Title)

Tom Smith, Assistant Director, Community Safety and Streetscene

Specific Delegation:

(If any)

Non-specific

Brief Description of Decision:

That the conditions contained within the Highways Act Licence for permission to place tables and chairs on the highway, be temporarily amended as follows:

“During the period that any Pavement Licences issued under Part 1 of the Business and Planning Act 2020 remain in effect (which does not apply to areas where there is a PSPO in place), the following conditions will apply to licences issued under s.115E of the Highways Act 1980 [premises licenced to sell alcohol] as a temporary amendment:

1. The area to which this licence relates may only be used during periods that the premises is open for the purposes of selling alcohol for consumption on the premises, or until 23:00hrs whichever is the earlier.  This will be the case unless an earlier time is considered to be justified following consultation, in which case the Council will notify the licence holder of the revised time in writing.  The area covered by the licence must be cleared of customers and all furniture during periods that this licence is not in effect.

2. The licence holder is encouraged to serve drinks in ceramic cups or polycarbonate glasses or bottles.  This will be mandated by the Council if it is considered to be justified following consultation, in which case the licence holder will be notified of this in writing.

The Council reserves the right to withdraw this temporary amendment at any time (in whole or in part).  Should the amendment be withdrawn, the conditions detailed on licence will become effective immediately.”

The temporary amendment will cease on 30 September 2021 (or, if Part 1 of the Business Planning Act is extended beyond this date, the date at which licences issued under the Act cease to have effect).

Reasons for the Decision:

The briefing note “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980” presented to ‘SLT/Gold’ on 6 April 2021 and enclosed with this decision, sets out the detailed reasons for the decision.

Details of alternative options considered and rejected:

The briefing note “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980” presented to ‘SLT/Gold’ on 6 April 2021 and enclosed with this decision, sets out the details of alternative options considered.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

Report to SLT/Gold, 9 April 2021 – “Proposed approach to the enforcement of conditions attached to licences issued under the Highways Act 1980”

Date of Decision:

9^th April 2021

Decision Maker:

(Including Job Title)

Sharon Kemp

Chief Executive

In consultation with the Leader

Specific Delegation:

(If any)

Delegation to the Chief Executive as determined by the RMBC Constitution.

Flag Protocol & Lighting Up of Buildings Policy

Operation London Bridge Protocol

Brief Description of Decision:

Following the death of HRH, the Prince Philip, Duke of Edinburgh, it has been requested that the Council flags (Riverside and Town Hall) should be flown at half-mast until 8am on 18^th April

Reasons for the Decision:

All government buildings have been asked to consider flying flags at half-mast as a mark of respect.

Details of alternative options considered and rejected:

None.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None.

Dispensations Granted:

(If any)

None.

Reports or parts of reports considered

None.