housing scrutiny sub-committee supporting appendices – item 4 lambeth living management ...

428 Pages·2008·6.49 MB·English

HSSC b

HOUSING SCRUTINY SUB-COMMITTEE
SUPPORTING APPENDICES – ITEM 4
LAMBETH LIVING MANAGEMENT AGREEMENT

Date and Time: Thursday, 12 June 2008 at 7.00 pm

Venue: Room 8, Lambeth Town Hall, Brixton Hill, SW2 1RW

Democratic Services Officer:
Democratic Services Tel/Voicemail: 020 7926 3133
London Borough of Lambeth, Fax: [phone]
Lambeth Town Hall, Brixton Hill, Email:
AGENDA

Appendices to reports- bulky appendices are published on the Website
www.lambeth.gov.uk and can be obtained from report authors or at the meeting. They are
not circulated with the agenda.

PLEASE NOTE THAT THE ORDER OF THE AGENDA MAY BE CHANGED AT THE MEETING

Page
Nos.
4. Lambeth Living Limited (ALMO) - Management Agreement and 1 - 426
Fee

(Report 59/08-09) (All Wards)

Report author and contact for queries: Claire Drummond, Interim
Strategy and Client Manager, Tel: [phone], Email:
Appendix 1 - Consent Letter Agenda Item 4
Page 1
28 March 2008
Derrick Anderson CBE
Chief Executive
London Borough of Lambeth
Brixton Hill
LONDON
SW2 1RW
Dear Derrick
APPROVAL UNDER SECTION 27 OF THE HOUSING ACT 1985 TO APPOINT AN
ARMS LENGTH MANAGEMENT ORGANISATION TO EXERCISE HOUSING
MANAGEMENT FUNCTIONS
1. I refer to the application and the supplementary information submitted by
London Borough of Lambeth to the Secretary of State for Communities and Local
Government seeking her approval under section 27 of the Housing Act 1985 (as
amended) to enter into an agreement with Lambeth Living, an Arms Length
Management Organisation (ALMO), under which Lambeth Living will exercise
specified housing management functions as agent of the Council.
2. The Secretary of State has considered the Council’s application and is
satisfied that it meets the criteria for the delegation of housing management
responsibilities to an ALMO, as set out in Guidance issued by Communities and
Local Government, including the questionnaire for councils to complete as part of
their applications.
3. Accordingly, in exercise of her powers under section 27 of the Housing Act
1985, the Secretary of State hereby grants approval for LB Lambeth to enter into the
proposed agreement with Lambeth Living in respect of the houses and any other
land and in respect of the housing management functions specified in the
agreement.
4. The Department expects regular updates from LB Lambeth and Lambeth Living
on:
x the progress of complaints handling, on a quarterly basis up until
an Audit Commission two star inspection rating has been
obtained;
x how the complaint’s monitoring is being used to inform LB
Lambeth’s and Lambeth Living’s service improvements.
Ken Swan Tel: [phone]
Department for Communities and Local Government Email
Appendix 1 - Consent Letter
Page 2
Furthermore, that the Council shall give the Secretary of State one calendar month’s
notice of any significant changes proposed by the Council or its ALMO to the terms
of the agreement between the Council and its ALMO, to the constitution,
responsibilities or operation of the ALMO as expressed in its Memorandum and
Articles of Association, or to any other statement of the Council’s or the ALMO’s
intentions specified in the Council’s application for s.27 approval. The Council and
its ALMO shall take account of any comments made by or on behalf of the Secretary
of State within this period before determining whether and how to proceed with the
proposed changes.
5. It is important to note that this approval is without prejudice to decisions on
the availability of ALMO funding or any other matter that the Secretary of State may
take with regard to applications made under Round 6 of the ALMO programme by
any authority, including that submitted by London Borough of Lambeth. London
Borough of Lambeth have confirmed that it is content to proceed with its application
for approval under s.27 on this basis and that it fully understands that any action it
takes following the granting of this approval is at its own risk and should not assume
or anticipate any future decision by the Secretary of State.
6. I am sending copies of this letter to Steve Reed Council Leader, Beth
Sedgwick at the Government Office for London, Graeme Bennett at the Housing
Inspectorate.
Yours sincerely
Ken Swan
Page 3
Appendix 2b - Contracts to be administered
Schedule 1 Contracts to be administered 15-Apr-08
Contracts Number Contractor End Dates Current Position Comments
Estate Cleaning 4 Connaught 31/10/2007 Extended 31/12/2008 Agreed 03/08
Connaught 31/03/2007 Extended 31/03/2009
Pinnacle 31/03/2007 Extended 31/03/2009
Wettons 31/03/2007 Unclear To be checked
Pressurised Water cleaning 1 Connaught 31/03/2009 Extended 31/03/2009
Grounds Maintenance 6 Cleanaway 31/03/2009 Extended 31/03/2009 Now Veolia (01/04/2007)
Pinnacle Psg 31/03/2009 Extended 31/03/2009
Pinnacle Psg 31/12/2008 Extended 31/12/2008
Cleanaway 31/12/2008 Extended 31/12/2008
Awaiting Loughborough
The Green Team 31/12/2006 Unclear EMB?
Enterprise 31/12/2008 Extended 31/12/2008
Lifts 2 Interserve 30/09/2007 31/12/2008 Agreed 03/08
Kone 30/09/2007 31/12/2008 Agreed 03/08
Repairs & Maintenance 3 Morrisons 31/03/2008 31/03/2009 Agreed 03/08
Connaught 31/12/2008 31/03/2009 Agreed 03/08
Axis Europe PLC 31/12/2008 31/03/2009 Agreed 03/08
Door Entry/CCTV 2 Abba 31/03/2008 31/03/2009 Agreed 03/08
Alphatrack 31/03/2008 31/03/2009 Agreed 03/08
Void Security Screens 1 Orbis 31/03/2010
Gas Servicing 2 British Gas 31/03/2008 31/03/2009 Agreed 03/08
Seaflame 31/03/2008 31/03/2009 Agreed 03/08
Fire Appliances 1 Kidde 31/08/2007 Unclear To be checked
Page 4
Appendix 2b - Contracts to be administered
Communal Boilers 2 EPS 31/10/2007 31/07/2009
OCO 31/10/2007 31/07/2009
Asbestos 1 Hyder 10/02/2007 Unclear To be checked
Tenant Management Organisations 11 Angell Town EMB
Cedars TMC
Cottington Close TMC
Cowley EMB
Ethelred TMO
Holland Rise TMC
Holland Town TMC
Metra Housing Co-op
Myatts North TMO
Thorlands EMB
Wellington Mills TMO
Major Works Projects All contracts as agreed from time to time between the parties
Property Consultancies All agreements as agreed from time to time between the parties
Appendix 2a - Management Agreement
Page 5
AGREEMENT
Dated [ ] 2008
Between:
(1) London Borough of Lambeth of Town Hall, Brixton Hill, SW2 1RW (the Council), and
(2) Lambeth Living Limited whose registered office is situate at Hambrook House, 1 Porden
Road SW2 1RP (the Organisation).
Whereas
(A) The Council is the local housing authority for its area pursuant to Sections 1 and 2 of
the Housing Act 1985 and pursuant to the powers contained in that Act provides
housing accommodation and exercises general management, regulation and control of
its housing accommodation.
(B) Pursuant to Section 27 of the Housing Act 1985 and with the approval of the Secretary
of State and pursuant also to Section 2 of the Local Government Act 2000 and all other
enabling powers the Council agrees that a third party exercises such of the Council’s
management and other functions as are herein specified.
(C) The Council and the Organisation have agreed that the Organisation shall provide and
the Council shall co-operate with it in providing the Services in the manner and upon the
terms hereinafter set out.
It is agreed as follows:
Part A - partnership in delivery between the organisation and the council
1. The delivery plan
The Organisation shall deliver the Delivery Plan which in its initial form is set out in
Annex 1. The Delivery Plan:-
1.1 sets all the outputs of the Organisation, the key performance requirements of the
Services and includes the performance standards expected;
1.2 includes the overall strategy of the Organisation and how the Organisation will deliver
the key strategic goals of the Council and the community the Council represents;
1.3 details the financial and staffing resources required to enable the Organisation to deliver
the Delivery Plan and perform the Services with skill, care and diligence.
2. Commitment to the community
1
Appendix 2a - Management Agreement
Page 6
The Services to be carried out by the Organisation are set out in the Delivery Plan and
are part of an important relationship between the Council and the community it
represents. The Council’s Sustainable Community Strategy contains the key objectives
of this relationship. The Organisation has a duty to help deliver those objectives. The
Organisation through the Delivery Plan and the Annual Performance Plan will ensure
that all its policies and activities support the objectives of all relevant Council strategies
(“the Strategies”) including (but not exclusively) the Community Strategy and those
other strategies which are entitled, relate to or are the equivalent of the following:
x Housing,
x Economic Development,
x Anti Poverty,
x Social Inclusion,
x Crime & Disorder,
x Neighbourhood Renewal,
x Tenant Empowerment,
x Home Energy Efficiency,
x New Deal for Communities,
x Every Child Matters
x Local Area Agreement
x Regeneration Delivery Plan
x Older People,
x Supporting People,
x Health and Housing, Homelessness
x Consultation
x Value for Money
x Resident Involvement
x Affordable Warmth
x Domestic Violence
For such purposes the Organisation shall:
2.1 ensure all staff are trained and understand the Strategies,
2.2 provide information to help the Council up date and develop the Strategies,
2
Appendix 2a - Management Agreement
Page 7
2.3 demonstrate in the Annual Performance Plan how resources will be used to meet the
objectives of the Strategies.
3. Equal opportunities
The Council has a strong commitment to equal opportunities and in providing the
Services the Organisation shall operate equal opportunity policies and procedures in all
aspects of its work. By implementing these policies and procedures the Organisation
shall ensure that it does not discriminate against any person or other organisation on
the grounds of race, ethnic origin, disability, nationality, gender, sexuality, age, class,
appearance, religion, responsibility for dependants, unrelated criminal activities, being
HIV positive or having AIDS, or any other matter which causes a person to be treated
with injustice.
3.1 The Organisation shall follow the best professional practice in relation to equal
opportunities and in particular (but without limitation) shall comply with:
3.1.1 all relevant legislation as well as statutory and other official guidance and codes of
practice,
3.1.2 the Council's own equal opportunities policies as the same may be adopted and
amended from time to time.
3.2 The Organisation shall adopt as its own the Council’s Equal Opportunity Policy which is
set out at Annex 5. The Organisation shall amend the Equal Opportunity Policy from
time to time (subject to the Council’s approval which shall not be unreasonably withheld)
to comply with legislation and best practice and shall ensure that the application of this
policy includes how the Organisation:- .
3.2.1 employs and recruits employees;
3.2.2 deals with board membership and other issues arising from its constitution;
3.2.3 handles all forms of discrimination and harassment and complies with its statutory
duties under the Race Relations (Amendment) Act 2000;
3.2.4 commissions contractors, consultants and agents;
3.2.5 implements the Delivery Plan.
3.3 The Organisation shall provide such information as the Council may reasonably request
for the purpose of assessing the Organisation’s compliance with this Clause 3.
4. Tenant involvement
3
Appendix 2a - Management Agreement
Page 8
The Council has a partnership with its tenants and leaseholders and to further this
relationship the Organisation will honour the Council’s Tenant Compact so as to support
and encourage tenant involvement. The initial form of the Council’s Tenant Compact
forms Annex 4 and the Delivery Plan will include sufficient resources to ensure that the
objectives of the Council’s Tenant Compact are met.
4.1 The Council and the Organisation will work together so as to ensure that the Council’s
Tenant Compact is amended from time to time so far as necessary to comply with all
statutory requirements and other official guidance issued from time to time and follow
best professional practice.
4.2 The Council’s Tenant Compact objectives will be reviewed and consulted upon annually
and sufficient resources will be provided for in the Delivery Plan to deliver these
objectives.
4.3 The Council’s Tenant Compact will include strategies for involving ‘difficult to reach’
groups and those tenants who do not normally get involved in the management of their
homes.
4.4 A summary of the Annual Performance Plan will be provided to the Council
Representative for approval and on receipt of approval will be forwarded to every
household affected.
Part B – performance responsibilities of the council
5. Duty of best value
5.1 The Council has a duty of Best Value and must make arrangements to secure
continuous improvement in the way in which its functions are exercised having regard to
a combination of economy, efficiency and effectiveness. In discharging its
responsibilities under this Agreement the Organisation must also make arrangements to
secure Best Value.
5.2 The Council following the receipt of the Annual Performance Plan will consider whether
the Council through the Organisation should continue to exercise a particular function or
service and will consider the level and the way in which it should exercise that function
or service. The Council will also consider its objectives and strategies in relation to that
function. Any variations to this Agreement following such consideration shall be
effected in accordance with Clause 63.
5.3 The Annual Performance Plan shall be agreed and the Almo Service Reviews shall be
carried out in accordance with Clauses 7 and 8 respectively. In the event of an
extension to this Agreement and wherever the Council so requests the Organisation will
carry out any best value reviews of the Organisation’s housing management function
which the Council is required by statute to carry out.
4