Agenda item

The report before Members detailed the call-in of a Key Executive Decision relating to Adopt London East.

A requisition signed by Councillor Keith Darvill and Graham Williamson had been called-in the Executive Decision dated 16 January 2019.

The reasons for the call-in were as follows: 

1.    Concerns about the extent and adequacy of the consultation with staff representatives.

2.    Clarify in relation to employment conditions of staff to be transferred.

3.    Clarity about the impact on staff impacted by the proposals.

Councillor Darvill addressed the Board, during which he raised concern that inadequate staff consultation had taken place and questioned the impact on staff on travelling outside of their current region and how the different terms and conditions across the four boroughs would be standardised. 

Councillor Williamson addressed the Board, during which he reinforced the sentiments of his fellow councillor.

Members were advised that the informal consultation with staff had taken place in the development of proposals for a Regional Adoption Agency (RAA), which included monthly partnership board meetings to steer the future direction of the RAA and plan for implementation; and early staff engagement events to enable the Council to engage staff on the journey to becoming the East London Regionalised Adoption Agency at the earliest stage. There had been early union engagement prior to formal consultation, however officers were unable to start statutory formal consultation with the unions and staff until there had been full sign off from Cabinet in all authorities. 

Officers advised that staff would transfer under TUPE regulations over to the new service hosted by Havering Council.  To ensure that those employees affected were treated fairly throughout the consultation period, a joint change management terms of agreed had been agreed across the four borough which had been shared with trade unions.  The Council would continue to engage with trade unions in order to reach an agreement prior to formal consultation.  In line with the statutory consultation guidelines, staff would have the opportunity during the formal consultation period to attend joint meetings and individual consultation meetings to discuss their individual concerns and circumstances. 

It was explained that the rationale for Havering, Newham, Tower Hamlets and Barking and Dagenham to create a RAA was based on the existing adoption and consortium arrangements. It was proposed that the arrangements with other boroughs in the consortium would continue on an informal basis. 

Gabby Lawlor, representative for UNISON, addressed the Board, during which she expressed concerns regarding the lack of engagement with trade unions.  Staff had expressed that they had concerns that the proposed model would not be fit for purpose due to the lack of staff coverage across the four boroughs and believed that due diligence had not been completed.  Furthermore, UNISON challenged the legality of transferring all staff onto Havering Terms and Conditions.  UNISON requested that the business case be amended to reflect the outcome from Tower Hamlets decision dated 30 January 2019 and that the Cabinet report be either amended or that assurances be confirmed that engagement with stakeholders is genuine and that meaningful discussion is held with trade unions in advance of the formal TUPE consultation.

During debate, Members sought clarity on the practicalities, for instance, a Havering young person being adopted by a family in Tower Hamlets. It was explained that Havering would be the lead authority in the RAA and the hub would be based in the borough, with smaller hubs being situated in the other three boroughs. The proposal aimed to improve performance and the delivery of the service by creating three specialist teams and focusing on best practice in each area. It was becoming increasingly more difficult to match young persons with carers due to an increase in complexity of needs, sibling groups and Black and Ethnic groups and by creating a broader range of adopters would be a benefit to the proposal.  Inter-agency fees for a child to be adopted range from £31,000 (basic) per child to £71,000 for child with complex needs, regionalised agency recruitment could potentially create significant savings, money of which would be reinvested into the service.

Members sought reassurance that the governance board would be monitored and were advised that it would be proposed that the project board chaired by the Director of Children’s Services and constituted with representatives from the boroughs involved, would transition into the high level governance for the regionalisation.   All adoption agencies were required to submit annual reports to the Overview and Scrutiny Sub-Committee and the Corporate Parenting Panels.

The vote for the decision as to whether to uphold or dismiss the call-in was carried by 8 to 7.

It was RESOLVED that the call-in of the Executive Decision dated 16 January 2019 be dismissed.