Minutes:
The Council had before it a Notice of Motion standing in the names of Mr P M McDonald, Mr P Denham, Ms P Agar, Mr G J Vickery and Mr R M Udall.
The motion was moved by Mr P M McDonald and seconded by Mr P Denham.
The Council agreed to deal with the Motion on the day.
Comments made in favour of the Motion included:
· Poor recruitment practice and management had led to the current situation. An apology from the Chief Executive and blaming Scrutiny was not the answer. The Leader was at fault for the Council not having a process in place and it was necessary for portfolio holders to be changed. They had no confidence in the plan and felt intervention by the Secretary of State was necessary. A reversal after failure was possible but not at the same time as cut backs
· The Cabinet had given the impression that things were improving after the 2010 inspection when they had actually been getting worse
· Scrutiny had not been aware of the extent of the problem
Members also made comments against the Motion:
· The Cabinet Member with Responsibility for Children's Services said that he was sorry and would take his share of responsibility but pointed out that Ofsted had said it had seen improvement and recognised that there was now strong stable management in place
· Engagement in safeguarding was needed by all Members, but calling in the Secretary of State was not necessary
· The issue was so important it should transcend party politics.
Following the debate the Chairman announced, with the support of a majority of Council, that he would allow the Chief Executive to address Council. Following a point of order the Head of Legal and Democratic Services clarified that although it was convention that Officers did not address Council they could do so if permitted by the Chairman.
The Chief Executive clarified that she had taken personal responsibility for the Ofsted report and had said sorry. Ofsted had been clear that the solution to the problems needed to be addressed by cross Council working. [Members of the Labour Group left the Chamber while the Chief Executive spoke.]
On a point of order as to whether the absent members could vote upon their return, the Head of Legal and Democratic Services clarified that although in quasi-judicial meetings (eg Planning or personnel decisions) if Members had not been present for the entire discussion they would not be allowed to vote as a matter of natural justice, this was not the case for 'ordinary' decisions such as in the current situation. Members could vote if they were present in the Chamber at the time for their vote.
During his right of reply to sum up, the mover of the Motion asked to bring an emergency amendment to his own Motion relating to the Chief Executive but having taken advice from the Head of Legal and Democratic Services the Chairman determined that it was not in order to do so at that point as the debate had closed.
A Member proposed a 'naming motion' against the Leader of the Labour Group, Mr P McDonald. The Head of Legal and Democratic Services explained that a naming motion could be brought and voted upon by Council if it were seconded and the Chairman agreed that the Councillor in question was misconducting himself by persistently disregarding the Chairman's rulings or behaving irregularly, improperly or offensively or wilfully obstructing the business of Council. If the naming motion were passed by Council then in these circumstances the Member would not then be heard again.
The Chairman issued Mr P McDonald with a final warning as to his conduct.
After a final summing up the Motion was put to the meeting and was lost.