Report Consultation Sheet
Report Title / Integration and Restructure of Parks Wardens and Street WardensResponsible Head of Service / Steve Handley
Meeting/Cabinet Member / Derek Rowley / 09.12.11
I confirm that the undermentioned persons have been consulted in the preparation of the attached report.
Report Author: / John Satchwell / Tel: 6812Compulsory Consultees:
Officer / Consulted / Date / CommentsHead(s) of Service:
a.
b.
c.
Finance Officer
Democratic Services Unit
Scrutiny Unit (if a report to a scrutiny panel)
Officers to be consulted as necessary (you are strongly advised to consult your outposted HR officer where the proposals affect staff or a restructuring)
Executive Director(s):a.
b.
Monitoring Officer
Human Resources Officer
e-Business Services
Business Support Manager
Policy Unit (Strategic/corporate issues)
Others (please list)
a.
b.
c.
Other potential consultees:
Do the recognised Trade Unions need to be consulted on the proposals within the report? YES
If Yes, which have been consulted:UNISON P / T&GWU P / GMB P / APEX / UCATT / MPO
Other (please state)
Does the report need to be considered by a Town Committee? YES/NO
If Yes, which one(s)Should the report be presented to the Town Committee first? / YES/NO
Do the proposals within the report need to be discussed with ward Councillors? YES/NO
If Yes, which wardsPlease Note:
It is the role of Democratic Services to ensure that your report meets members’ expectations in terms of quality, validity and relevance. To do this we may make suggested changes to your report. We will always endeavour to discuss these changes with you, however where this is not possible due to time constraints or your unavailability we will exercise our discretion as to required changes.
Is this acceptable to you ? YES/NO (If you answer no, it is assumed you accept that your report may be removed from the agenda for the meeting)
If a consultation sheet is not provided with the report or is not completed satisfactorily, your report may be withdrawn from the agenda for the meeting.
Have you had a response from all consultees and taken comments into account?
Have you considered whether a press release is necessary? (Press releases must be produced in consultation with the Council’s Press Office)
Revised 092005
/ Agenda Item XSandwell Metropolitan Borough Council
Report to the Cabinet for Neighbourhood Services
9th December 2011
Integration and Restructure of Parks Wardens and Street Wardens
1. / Summary Statement1.1 Following an external review of both the Parks Warden Service and the Street Warden Service, it is proposed to delete the two separate services and create a new combined Street and Parks Warden Services.
The new service will be known as the ‘Boroughwide Patrolling Services’
1.2 The new service will prioritise community engagement/ participation, including education, using intelligence to target high visibility actions to tackle problem areas identified by communities and partner agenices. The Service will continue to take enforcement action, and issue fines, but this will have a lower profile.
1.3 This report sets out the new service and identifies the efficiencies gained from the new combined services.
1.4 This report also sets out the new structure and management reporting arrangements for the new service.
1.5 Structural charts for the existing Park Warden Service and Street Warden Service (Appendix 1) and the proposed combined Boroughwide Patrolling Service (Appendix 2) are attached
1.6 It is the intention to commence extensive consultation with staff, Partners and members of the public with the proposed structure outlined in Appendix 2.
2. Recommendations
2.1 That the new Boroughwide Patrolling Service, which will sit within the Parks and Countryside portfolio within Street Scene, as set out in Appendix 2, be approved as a basis for consultation with employees and Trade Unions.
2.2 That subject to the outcome of the consultation referred to in 2.1 above and the Area Director of Street Scene, in consultation with the Director of Improvement and Efficiency, being satisfied that there are no significant issues arising, the new structure for the Boroughwide Patrolling Service within Street Scene, as set out in Appendix 2, be approved with effect from 1 April 2012.
2.3 That subject to 2.1 and 2.2 above, in order to enable the new Boroughwide Patrolling Service structure to take effect from 7th May 2012.
2.3.1 The posts, as set out below, within the Parks and countryside Service, be deleted from the establishment, with effect from 4th May 2012 with appropriate notices of redundancy issued:
Posts to be deleted / Salary Band6 x Park Warden / E
2 x Park Warden Manager / F
2.3.2 The following posts, as set out below, within the Community Protection Service, be deleted from the establishment, with effect from 4th May 2012 with appropriate notices of redundancy:
Posts to be deleted / Salary Band1 x Administrative Assistant / C
1 x File Process Performance Administrator / D
1 x Neighbourhood Tasking and Warden Manager / J
4 x Sandwell Senior Warden / F
19 x Sandwell Warden / E
2.3.3 The following posts be created with effect from 5th May 2012
Posts to be created / Salary Band1 x Boroughwide Patrolling Service Team Leader / G
2 x Boroughwide Patrolling Service Supervisor / F
1 x Administrative Assistant / C
1 x Technical Officer for CCTV and Abandoned Vehicles / C
13 x Community Warden Patrol Officer / E
2.3.4 The Area Director of Streetscene commence the appointments process, as necessary and as soon as possible after formal consultation ends, and the consultation response has been duly considered, in order to move employees into the new structure, with all new posts ring-fenced to existing eligible staff within the Parks and Countryside Service and the Community Protection Service initially to avoid the displacement of staff.
2.3.5 The Area Director of Streetscene explore job swap/redeployment opportunities for those post holders displaced within the structure or place the post holders on the At Risk Register
2.3.6 Any employees who have been unable to secure alternative employment, be made redundant with appropriate notices of redundancy being issued and subject to the terms of the Council’s redundancy policy applicable at the time
2.4 That in the event that there are any issues arising from the consultation process on the revised structure deemed to be significant by the Area Director of Streetscene, in consultation with the Director of Improvement and Efficiency, a further report be submitted to the Cabinet Member for Neighbourhood Services.
2.5 The new structure will require new working hours arrangements, to include 7 day working pattern for the Boroughwide Patrolling Service which will form part of the ongoing consultation.
In accordance with the authority delegated to the Cabinet Member for Safer Neighbourhoods, the following course of action has been agreed, which will be set out in the formal record of the decisions taken by the Member:-(1) The recommendation(s) above is/are approved.
(2) The recommendation(s) above is/are approved as now amended.
(3) The recommendations above are not approved.
______
Cabinet Member for Neighbourhood Services
2011Steve Handley
Area Director - Streetscene
John Satchwell
0121 569 6812
Integration and Restructure of Parks Wardens and Street Wardens
3. Strategic Resource Implications
3.1 The Streetscene Service continues to be faced with financial pressures from reduced revenue budgets and reduced income from other services.
3.2 In response to the financial pressure, and as a result of the Independent Challenge of Community and Park Wardens, there has been a need to review how the two services operate and review staffing structures in order to maximise its efficiency and reduce the costs of staffing.
There is also a need to balance this against the level and type of service the Council requires ensuring the service becomes excellent over the next two financial years.
3.3 It is estimated that full year savings in the order of £364k will be achieved from the introduction of the new service. The exact level of saving is difficult to determine at this point as savings from staff reduction will be offset, to a much lesser degree, by reduced income from enforcement. The estimate of £364k allows for the reductions in enforcement income expected and further reduction in funding from Sandwell Homes. However £178k of these savings have already been included in the Streetscene 2012/13 budget efficiency templates and therefore the available savings are estimated to be £186k.
4. Legal and Statutory Implications
4.1 An employee is dismissed by reason of redundancy (Section 139 Employee Rights Act 1996) if the dismissal is wholly or mainly attributable to:-
(a) The employer has ceased or intends to cease:-
(i) to carry out the business for the purpose of which the employee was employed by him, or
(ii) to carry on that business in the place where the employee was so employed, or
(b) The fact that the requirements of that business:
(i) For employees to carry out work of a particular kind, or
(iii) For employees to carry out work of a particular kind in the place where the employee was employed by the employer have ceased or diminished or are expected to cease or diminish.
4.2 The statutory requirements for redundancy consultation are set out in The Trade Union and Labour Relations (Consolidation) Act 1992 is amended.
Where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the employer shall consult about the dismissal all the persons who are appropriate representatives of any employees who may be affected by the proposed dismissals or by the measures taken in consultation shall begin in good time and in any event at least 30 days before the first dismissal takes effect. The Council will consult on this basis.
4.3 Where there are 100 or more redundancies in that 90 days period the consultation period extends to 90 days.
4.4 Under Section 188 or the Trade Union Labour Relations Act 1992 for the purposes of consultation the employer must satisfy and disclose in writing the following.
(a) The reasons for the proposal;
The reason for restructuring is contained in the report, namely to improve performance and value for money.
(b) The number and descriptions of employees whom it is proposed to dismiss as redundant;
34 posts will be deleted from the establishment and 18 new posts created. The description of employees whom it is proposed to dismiss as redundant is evident in the report and accompanying structure.
(c) The total number of employees of any such description employed by the employer at the establishment in question is 33.
(d) The proposed method of selecting the employees who may be dismissed:
In the first instance volunteers will be requested. If redundancies remain the selection criteria will be determined following consultation with those recognised trade unions affected.
(e) The proposed method of carrying out the dismissals with regard to any agreed procedure including the period over which the dismissals are to take effect.
The report makes clear that full implementation including exits will take place during the period 9th December 2011 to 4th May 2012 (subject to length of service). The method of dismissal and exit may vary depending upon the number of volunteers.
(f) The proposed method of calculating the amount of any redundancy payments to be made to employees who may be dismissed.
The Council must follow the Employment Regulations concerning Compulsory Redundancies and statutory payments. This will be calculated as per the method of calculation for such payments, under the Employment Rights Act 1996 and Supplementary Regulations.
(g) The number of agency workers working temporarily for under the supervision and direction of the employer.
There is 1 agency worker currently in the business.
4.5 The principles of the Equality Act 2010 will be adhered to in respect of applying the council policies.
4.6 Employees on fixed term contracts will be treated no less favourably then permanent employees pursuant to the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
5. Implications for the Council’s Corporate Priorities
5.1 The financial sustainability of these services will ensure continuation of valued services that are essential to supporting the council’s four shared partnership priorities.
6 Background Details
6.1 Exact Consultants Ltd carried out an independent review of the councils existing Warden Services during May and June 2011. The purpose of the review was to provide the Council with a critical evaluation of the existing service provision and to make recommendations for future improvements to the services, taking into account the councils stated vision of all services being recognised as excellent by 2013.
6.2 Consultants recommended that the service be reconfigured service so that it makes a more rounded contribution to Community Safety and environmental protection. To achieve this, the service needs to be highly visible, more responsive and engaging. The team shall be dedicated to servicing local communities, still using the full range of enforcement powers but placing emphasis on working with local communities to engage them in tackling the issues. At the same time they will be securing some efficiencies and financial savings for the Council through better co-ordination and reduced management costs.
6.3 The key recommendation from this review is that, the Council creates a new combined street and parks service – the team will become the Boroughwide Patrolling Service with no differentiation between streets and open spaces.
The service needs to be driven by intelligence through area working and neighbourhood, Town and Borough wide tasking. It needs to be reshaped to account for the level of financial resource available and the responsiveness the Council wants to commit to the level of service it thinks appropriate. It should focus on increasing confidence and build upon engagement and education via Community Working with enforcement being used when appropriate
6.4 The new service will be re-branded to promote a community service focus. The new service will operate with less overall resource than currently through better targeting and deployment of patrols in areas identified through local tasking ‘Hot Spots’. This will include better co-ordination of all available resource, including working with partners, using local intelligence and local tasking mechanisms to target and deploy all resources from public agencies and communities themselves and be built around neighbourhood presence, responsive to local needs.