Agenda and minutes

Extraordinary Meeting - Call-in Request, Overview and Scrutiny Management Committee - Tuesday 10 April 2018 10.00 am

Venue: Council Chamber - County Hall, Bythesea Road, Trowbridge, BA14 8JN. View directions

Contact: Kieran Elliott  01225 718504, Email: kieran.elliott@wiltshire.gov.uk

Items
No. Item

32.

Apologies

To receive details of any apologies or substitutions for the meeting.

Minutes:

Apologies were received from Councillors Ian Blair-Pilling, Ruth Hopkinson, Gordon King and Andy Phillips.

 

Councillor Blair-Pilling was substituted by Councillor Pip Ridout. Councillor Hopkinson was substituted by Councillor Gavin Grant. Councillor King was substituted by Councillor David Jenkins. Councillor Phillips was substituted by Councillor Roy While.

33.

Declarations of Interest

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

 

Minutes:

There were no declarations.

34.

Chairman's Announcements

To receive any announcements through the Chairman.

Minutes:

The Chairman provided details of the procedure for the meeting.

35.

Public Participation

The Council welcomes contributions from members of the public.

 

Statements

If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Please contact the officer named on the front of the agenda for any further clarification.

 

Questions

Questions may be asked without notice if the Chairman decides that the matter is urgent.

 

Minutes:

In respect of Minute 36, Call-in of Executive Decision ‘Outdoor Education’, representations were received from the following public speakers:

 

David Borrie - Chairman of Managers at Braeside Education and Conference Centre

Lucy Gomes - Organiser of a Petition requesting the proposed closure of Braeside and Oxenwood Outdoor Education Centres be stopped

Bob Walker - Vice-Chairman of Managers at Braeside Education and Conference Centre

Judy Rose - Devizes Town Council

Steve Dewar

Chris Greenwood - Devizes Town Council

 

The speakers supported the call-in request, criticising the decision to close the centres and also the process by which the decision was taken, in particular in relation to consultation with affected parties.

36.

Call-in of Executive Decision: 'Outdoor Education'

To consider a call-in request in respect to the Cabinet decision relating to Outdoor Education taken on 27 March 2018 and published on 28 March 2018.

 

The decision of Cabinet was as follows:

 

1)    Cabinet notes the outcomes of the outdoor education review and key decisions required at this stage.

2)    Cabinet resolves to close both Braeside and Oxenwood outdoor education sites from the 31st August 2018.

3)    Commence consultation with staff in line with the Councils HR Polices.

4)    Engage with Wiltshire Schools and key stakeholders on the development of a sustainable plan for the Councils future role in outdoor education in Wiltshire.

5)    Continues to support the broader benefits of outdoor education, and supports schools to access appropriate services.

 

The call-in of this decision was requested by Councillors Jon Hubbard, Ross Henning, Brian Mathew, Hayley Spencer, Chris Hurst, Ruth Hopkinson, Clare Cape, Sarah Gibson, Pat Aves and Ian Thorn.

 

A report from the Head of Democracy is attached.

Supporting documents:

Minutes:

On 27 March 2018 a decision was taken by Cabinet relating to Outdoor Education. The decision was taken under Part 2, meaning the public and press were excluded during discussion and resolution of the item. The decision was then published on 28 March 2018, with the resolution of Cabinet to approve the recommendations contained in the report of the Corporate Director, Children and Education, as follows:

 

1)    Cabinet notes the outcomes of the outdoor education review and key decisions required at this stage.

2)    Cabinet resolves to close both Braeside and Oxenwood outdoor education sites from the 31st August 2018.

3)    Commence consultation with staff in line with the Councils HR Polices.

4)    Engage with Wiltshire Schools and key stakeholders on the development of a sustainable plan for the Councils future role in outdoor education in Wiltshire.

5)    Continues to support the broader benefits of outdoor education, and supports schools to access appropriate services.

 

On 5 April 2018 a request was received by the Designated Scrutiny Officer by ten non-executive councillors to ‘call-in’ the decision, and a meeting of the Overview and Scrutiny Management Committee was arranged to consider the matter.

 

The Chairman detailed the procedure that was to be followed at the meeting. In particular, it was emphasised that the Committee was to consider evidence as to whether the principles of decision making as set out in Article 13.2 of Part 2 of the Wiltshire Council Constitution had been followed, not whether it agreed or disagreed with the decision which had been taken by the Cabinet. If the call-in was upheld the matter would be referred to the Cabinet to reconsider their decision, where it could decide to amend, or not, the original decision. If the call-in was rejected the decision could be implemented with immediate effect.

 

Prior to presentation of the reasons for the call-in request, members of the public as detailed under Minute 35 made representations to the Committee. A point of order was also made to clarify that the decision in question had been taken in Part 2 session of a publicly advertised meeting of the Cabinet, not a secret meeting.

 

The lead signatory of the call-in, Cllr Jon Hubbard, then outlined why he considered that the decision on Outdoor Education had not been made in accordance with the principles of decision making.

 

Cllr Hubbard noted the purpose of the meeting, which was not to debate the merits of the decision, but the process by which it had been taken. He outlined where he considered that the principles of decision making had not been adhered to, including as follows below and detailed in full in the agenda papers.

 

The decision was not proportionate to the desired outcome, with a large impact on children and young people, as well as other service users, for an unclear level of savings.

 

The decision had been neither open nor fair, with no substantive details in the public domain prior to the decision being taken, preventing the operators of the centres,  ...  view the full minutes text for item 36.

Recorded Vote
TitleTypeRecorded Vote textResult
Motion to NOT uphold the Call-in of the Outdoor Education (Braeside and Oxenwood) decision made at Cabinet on 27 March 2018 Motion

On balance of the written and oral evidence presented, to find that there were insufficient grounds to demonstrate that the principles of decision making had not been followed by the Cabinet in this case, and therefore the decision can be implemented with immediate effect.

 

Carried
  • View Recorded Vote for this item
  • 37.

    Date of Next Meeting

    To confirm the date of the next meeting as 5 June 2018.

    Minutes:

    The date of the next meeting was confirmed as 5 June 2018.