LG 19 - Cyngor Sir Caerfyrddin

Proposed Local Government (Wales) Measure – Consultation questions (Saesneg yn unig)

Responses from Carmarthenshire County Council 28th November 2008

1.Is there a need for legislation to reform:

- the statutory basis for service improvement by local authorities; and
- community planning and strategies?

Service Improvement

- there is need to formally broaden the understanding of what is meant by service improvement. The adoption of a broader public accountability framework is welcome. The wider redefinition of improvement is good news.

- The need to encourage improvement on a wide front is essential. It is no longer good enough for individual partners to just do a good job within their own remits. The citizen/customer is entitled to a set of integrated and coherent Pubic Services that works together. The ‘One Public Services’ agenda has to go forward.

Community Planning

- Carmarthenshire has been successful in mainstreaming community planning and partnership working into its culture and business planning/improvement plan processes and whilst In general terms the proposals to strengthen the community planning process, and clarify expectations of partners role in both the process and the setting of objectives and implementation of the community strategy is welcomed.

- We would suggest that if a statutory duty for service improvement is required it should be placed on partner organisations alongside the ‘duty’ to participate and co-operate.

- The measure helps clarify community planning and strategy development, review and monitoring arrangements which helps to re-enforce the strategic and overarching importance of the Strategy for a local authority area.

- As Carmarthenshire’s community planning process is well established we would question the need for further legislation to reform community strategies/planning and suggest that as each local authority area and community planning structures should reflect local characteristics and needs, it would be counter-productive to impose a ‘blue print’

- Further clarification would be welcomed in the role that the Community Strategy will play within the Assembly in relation to resources and impact on policy development.  If the relationship between local determination and national objectives is to be made, this relationship requires further explanation and consideration.  

2. How will the proposed Measure change what organisations do currently and what impact will any such changes have in terms of service improvement and community planning?

- No root and branch change to WPI is needed

- The proposed measure should not require any reversals of what we are doing . It drives in the same direction and should provide another gear.

- As a Council our planning framework is fully aligned to our Community Planning priorities. Hopefully the proposed measure will encourage our partners along this route.

- Already our LSB’s LSA is encouraging joint action plan monitoring and commonality in performance management.

- The Measure has not been placed within the context of the Local Service Boards (LSB’s) and the requirement to produce a Local Delivery Agreement between the Board and the Welsh Assembly Government.

- Whilst the formats of the LSB’s within Wales differ considerably, Carmarthenshire’s LSB has been developed from the former Community Planning Steering Group to build on the partnership working that has taken place in previous years.  Whilst our LSB has taken on a new role and responsibility it has also retained the responsibility for the wide ranging partnership working, annual reporting arrangements, community engagement role of community planning.  In line with WAG’s own Community Strategy Guidance it will also take on the role of developing the new community strategy and dovetailing it with the Local Delivery Agreement.

- Carmarthenshire has fully grasped the opportunities that being a pilot LSB has brought – its LDA priorities of Health and Sustainability are progressing and new behaviours are in place to performance manage the priorities and a focus on ‘outcomes’ rather than performance indicators as a measurement of success. Given the emphasis on ‘outcomes’ it is appropriate to comment elsewhere in this response on audit and the reliance on stand alone performance indicators rather than the establishment of shared outcomes.

- Therefore, it is considered that this measure will not have a major impact on the service improvement and Community Planning already in place with Carmarthenshire at present.

2.Are the sections of the proposed Measure appropriate in terms of reforming the statutory basis for service improvement by local authorities and reforming community planning and strategies? If not, how does the proposed Measure need to change?

In considering this question, consultees may wish to consider, in particular, the nature of the provisions in the proposed Measure that:

a)place duties on Welsh improvement authorities to:

-make arrangements to secure continuous improvement (section 2);
-set themselves improvement objectives (section 3);
-make arrangements to exercise their functions so that any performance standards are met (section 8)

- In a period of serious financial constraints improvement will have to be prioritised and resources allocated according to greatest need and citizen priorities.The definition of improvement has to have scope for reprioritisation for overall general well being .

- A Service should not be seen as failing if it is maintaining acceptable service with decreasing resources.

- We welcome the assertion (Para 3.12) that values local well being, sustainability and social equity as being as valid as improving quantified service outputs or efficiency.

- The proposed measure requires a Welsh Improvement Authority to publish an ‘Improvement Plan’ which sets out its plans for discharging its duties as soon as practicable after the start of the financial year to which it relates.

- It makes more sense to the public for an Improvement Plan to be published at the start of the year

- Publishing an Improvement Plan by the end of June, as we used to ,would make more sense

- The measure also requires the publication of specified information relating to performance by 31ST October. This is the equivalent to what we all now know as the  Improvement Plan.

- It must seem ludicrous to the public for a Council to publish a document entitled Improvement Plan half way through the year. The timing of this is to be able to report audited all Wales out turn data

- The results information could be published as an addendum

- Possibly a summary results report should be made available –signposting to more detailed information.

- We are happy to use comparative information. However we need to be careful in using performance information. It must not be over specified. It is vital that the data is viewed in the context. Wales’ communities; each local authority serves markedly different communities, with varying demographics, needs, challenges and priorities. League tables are not able to provide local context, such as the particular demographic characteristics of a local authority area

- In relation to the collection of information relating to performance (13)– further clarification is required as to these are stand alone requirements or whether this is an opportunity for organisations to develop joint performance management systems, to measure shared outcomes, and also an opportunity for organisations to move away, where applicable, from stand alone PI’s to other qualitative forms of service improvements ie ‘story telling’, case studies etc.

- As above, we would hope that a ‘self-imposed’ performance indicator could include more qualitative measures of progress and this is accepted by WAG, Audit and other regulatory bodies.  Further explanation on ‘self imposed’ measures would be helpful.

- In relation to the monitoring of Community Strategies Carmarthenshire already has a system of Bi-monthly reports from each partnership and our Annual Report gives an overview of the actions and targets met by each partnership for that financial year, this is over and above the requirements of the proposed measure. If there is to be more frequent reporting techniques used then consistency is required throughout the partnerships and partner organisations.  Further clarification is required in relation to expectations of the monitoring requirement of the Local Delivery Agreement.  It has been assumed that this would be included as part of the community planning arrangements but confirmation that this is the case and/or explanation of additional or extra monitoring or reporting arrangements would be required.  

- Carmarthenshire is already implementing a system whereby all partner organisations are going to share data and information via our Performance management system, PIMS. This will ensure that all partners are aware of what the other is doing and everyone is aware of the actions and priorities they have to work to. Carmarthenshire is already setting improvement objectives through this system.

- In terms of implementation of community strategies Section 43 (2)  further clarification is required into what is considered ‘reasonable’ steps to perform the action or exercise and what sanctions would apply if this were not the case.

b) provide Welsh improvement authorities with powers of collaboration (sections 9-12)

- Carmarthenshire is already doing this to a certain extent, particularly with partner organisations, However, some clarity is required on the following:

- Part 38 – In terms of ‘Community Planning Partners’ for example National Park Authorities and Fire & Rescue Services, and Community Councils what level of partnership working is required? Clarification is required as to whether these authorities are required to have a seat on the Local Service Board or is it satisfactory that we engage with them as and when it is necessary or that they are involved elsewhere within the partnership framework  . The explanatory notes to the measure state that a Welsh Minister can amend or remove a Partner –  we feel this would contradict local determination in the operation and make up of partnership arrangements and also fails to recognise the multi-layered approach to partnership working in Carmarthenshire.  

- The measure makes no reference to a civil servant representative on the Local Service Board as is currently in place.  If Local Service Boards are to deal with the ‘intractables’ and the unblocking of current barriers, which are often structural, it is imperative that the relationship between LSB’s and the Assembly continues.  Further comment is required as to why this had not been included.  Further explanation is required as to how this relationship is to be developed.  

- The county of Carmarthenshire has a total number of 73 Community Councils and it would be impractical to suggest that an any individual could be representative of that sector.

c) require Welsh improvement authorities to collect, use and publish information related to performance, and also publish an improvement plan (sections 13-15)

- The basic information proposed seems reasonable. However the way in which Audit will interpret it may make it more onerous.

- Councils will want to follow the spirit of the guidelines and will be prepared to take a fair and balanced approach. However the test of reasonableness has to be applied.

- We should not take a checklist approach – eg listing collaborative work

- With the previous reservations made however we do not have a problem with the data proposed.

- Carmarthenshire is already collecting, using and publishing information related to performance, as are the other partners involved In Community Planning and who sit on the LSB. Carmarthenshire also publishes an Improvement/Business Plan and we are due to commence our business planning process for 2009/10 shortly.

- The key issue to consider here is not about Is Carmarthenshire collecting and using data, because it is clear that we are. The key issue is how can we share this data with partner organisations to be able to use it to the best of its ability and ultimately give effective outcomes. Carmarthenshire believes that the answer to this is the PIMS system as already explained and the ability to share data across the partnerships. As stated, this is currently being developed.

d) set out the functions of relevant regulators (section 16) and the duty placed on them to have regard to the need for co-ordination in the exercise of their regulatory functions (section 24)

- We need to achieve freedom and responsibility in our improvement regulations

- Where robust systems are in place we need to move towards more risk based audit assessment

- We do not believe that relevant regulators as described in s.16 of the measure or the Welsh ministers should be able to have such absolute power over decisions made at a local level. Carmarthenshire particularly being such a diverse mix or urban and rural cultures requires an in-depth knowledge for decision making, this is not something that would be ideally placed for the citizens of the county. If this section is brought in, then it should have some form of appeal process or possibly be last resort as opposed to a first port of call.

e) place duties on the Auditor General for Wales (sections 17-20, 22-28)

- The proposed measure shows that there will no longer be a requirement for an Annual Audit letter but that there will be  an annual audit of Improvement Plan provisions. We are happy with that.

- We do not advocate the role of the LSB becoming statutory, nor that the Assembly prescribes its membership, but feel its role and the role of the members of the Board should be reflected as part of the process in the Assembly’s role as an ‘unblocker’ of systemic and structural problems.  

f) provide powers to Welsh Ministers (sections 29-33)

- The proposed power of Ministers to direct collaboration is inappropriate at this stage.

- Partnerships and the relationships developing between organisations must be allowed to grow

- Again, as previously stated regarding Relevant regulators. Carmarthenshire already works well both in terms of  Community Planning as explained it is imbedded in our work and since the establishment of the LSB following on from the Community Planning Steering group. We also work well in terms of improvement and performance and that we have PIMS to ensure that everyone is working to target on the actions being delivered and if they are not on target then an explanation has to be given why and what remedial action is being taken. We feel that if too much power is given to Welsh Ministers then this will affect how things are run on a local level when things are being delivered effectively already.

g) relate to community planning and strategies (sections 37- 46)

- As has been explained, Carmarthenshire already has an effective Community Planning process which has been developed over the last few years. Initially stemming from the development of the Community Planning steering group and leading to the establishment of the Local Service Board.  Carmarthenshire produced it’s first Community Strategy in 2004 and this is now due for review as many of the actions and pritoirties set out in the document have been met.

- The new strategy will be launched in April 2010 following an extensive consultation process. This strategy will be produced with through input from all partner organisations and wide public consultation also. In terms of monitoring the new Community Strategy, we envisage using our PIMS system to keep a track on all of the actions and priorities agreed to and signed up to by all partner organisations, this is already being done with the LDA priorities and therefore we are confident that this system will be effective. We will continue to report Annually on progress of the strategy.

- In terms of Public consultation, there is one query that we have regarding Part 44 and engagement of the community. Part 44 states ‘ People who are not resident in the area but who receive services provided for by the authority or one or more or the Community Planning Partners’? More clarity needs to be given as to the meaning of this and the types of people it covers? Does it cover those residents who are just visiting the county? Or people who border the county with another Local Authority?  

4. What are the potential barriers to implementing the provisions of the proposed Measure (if any) and does the proposed Measure take account of them?

- In a period of serious financial pressure, Continuous Service Improvement is going to be more challenging.

- There has to be scope to recognise delivering the same for less or a little less for a lot less in some cases.

5. What are the financial implications of the proposed Measure for organisations, if any? In answering this question you may wish to consider whether you agree with section 6 of the Explanatory Memorandum accompanying the proposed Measure and, in particular, the statement that “The provisions of the proposed Measure do not give rise to any administrative, compliance or other costs”.

- The measure as it stands will require two publications.

- One at the start of the financial year and another at the end of October

- Better to publish by the end of June and require an update on Audited All Wales Comparative data

6. Are there any other comments you wish to make about specific sections of the proposed Measure?

- It is important to encourage the spirit of the proposed measure and not a tick box/compliance approach