Children's Services Update on Children & Young People Placed Out Of Area
RESOLVED: that the Committee note the report and comments/observations be passed to officers in the form of minutes.
Councils arrange care and support for older people, disabled adults and carers, protect children and adults at risk, and look after children in care. Much care is provided by private and charity providers the council pays.
The Cabinet member for social services leads, and each council has a statutory Director of Social Services. Scrutiny committees examine how services are doing.
Anyone can ask the council for an assessment of their care needs, or of their needs as a carer. If you're worried about someone's safety, contact the council's safeguarding team.
| Council | Items | With a decision |
|---|---|---|
| Cardiff | 26 | 22 |
| Swansea | 23 | 3 |
| Vale of Glamorgan | 13 | 5 |
| Monmouthshire | 4 | 0 |
| Carmarthenshire | 4 | 4 |
| Neath Port Talbot | 4 | 3 |
| Powys | 4 | 0 |
| Rhondda Cynon Taf | 2 | 1 |
| Ceredigion | 2 | 2 |
| Newport | 1 | 0 |
| Bridgend | 1 | 0 |
| Torfaen | 1 | 0 |
RESOLVED: that the Committee note the report and comments/observations be passed to officers in the form of minutes.
RESOLVED: Deferred until next meeting
RESOLVED: To note that Council agreed the following Terms of Reference for the Committee at its annual meeting on 23rd May 2024: “To scrutinise, measure and actively promote improvement in the Council’s performance in the provision of services and compliance with Council policies, aims and objectives in the area of children and young people, including: · School Improvement · Schools Organisation · School Support Services · Education Welfare & Inclusion · Early Years Development · Special Educational needs · Governor Services · Children’s Social Services · Youth Services and Justice · Children’s Play Services To assess the impact of partnerships with and resources and services provided by external organisations including the Welsh Government, Welsh Government Sponsored Public Bodies, joint local government services and quasi-departmental non-governmental bodies on the effectiveness of Council service delivery. To report to an appropriate Cabinet or Council meeting on its findings and to make recommendations on measures which may enhance Council performance and service delivery in this area.”
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations and recommendations of the Committee when discussing the way forward.
RESOLVED: That the Chairperson writes to the Cabinet Member on behalf of the Committee expressing their comments and observations captured during the way
RESOLVED – That the following matters be dealt with as indicated: (1) Application 1 The Sub Committee were asked to consider an application for the grant of a Private Hire Operator’s License given that one of the directors had been prosecuted by the local authority for his involvement in a case that resulted in an unlicensed driver undertaking a journey in a private hire vehicle for a school transport service. Addressing the Sub Committee, the applicant stated that his former business partner had given a vehicle to an unlicensed driver without consulting him and stopped paying insurance, and this was what led to the prosecution. He highlighted that he held a clean operator’s licence in the Vale of Glamorgan and had driven taxis for more than 20 years without any issues. Responding to questions from the Sub Committee, the applicant confirmed that he had an operator’s licence in the Vale of Glamorgan and was seeking a Cardiff one too so he could seek contracts for school and airport runs in the city. At the moment the company could only use drivers licensed in the Vale. The Sub Committee asked how he would ensure that the previous issue with the unlicensed driver would not happen again. The applicant assured them that he would have a safeguarding system in place, with each vehicle and driver registered internally. He owned the vehicles himself and would be responsible for insuring them. RESOLVED – application refused (2) Application 2 The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage/Private Hire Driver’s License following a complaint received alleging the refusal of a fare and questioning driver conduct. Addressing the Sub Committee, the driver stated that he did not recognise the details in the witnesses’ statements, as he only ever drove with a meter. He did not recall the incident in question and did not recognise the witnesses. Responding to questions from the Sub Committee, the driver confirmed that he would have been working in his taxi at the time of the incident and that the badge number the witnesses had reported was his. Nobody else had access to his vehicle or badge, so the wrong number might have been written down. The Sub Committee queried a previous complaint against the driver alleging refusal of a fare. The driver recalled that he only ever refused a fare when the passenger was particularly drunk or aggressive. The witnesses addressed the Sub Committee, stating that they were going to a show at the Millennium Centre and got into a taxi on St Mary’s Street, which normally cost £8-£9, but the driver asked them for £16.50. They settled on £10 which was still above the usual fare for this journey. The witnesses noted down the badge number and contacted the local authority. They were certain that it was the same driver. The witnesses did not recall seeing a meter in the vehicle but had not queried this at the time. They suggested that if the fare had been legitimate and the meter running, the driver would have just shown it to them when they challenged the fare. The Sub Committee discussed where the meter would normally be in a taxi, and heard that in Cardiff it was generally attached to the dashboard above the radio but could also be attached to the rear-view mirror. The driver confirmed that his meter was attached to the rear-view mirror, and added that if a passenger ever asked where the meter was then he was obligated to show it to them. In response to questions from the driver’s representative, the witnesses stated that they had made a note of the badge number as the taxi was driving off. They added that the vehicle was a black and white Prius, and the driver confirmed that he drove one of these. The driver’s representative suggested that this was a common vehicle for taxis in Cardiff, and the witnesses may have confused it with another one with a similar badge number. RESOLVED – suspended for 7 days (3) Application 3 The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage/Private Hire Driver’s License following a complaint received alleging dangerous driving and aggressive behaviour, including making rude and abusive hand gestures. Addressing the Sub Committee, the driver highlighted his clean record. He had driven taxis for many years and conducted school transport for special needs children for 14 years. He did not recall the incident itself but strongly refuted the allegation that he had made offensive gestures. The driver added that he was unaware that the complainants had followed him into the car park afterwards, and suggested that this indicated they were hoping to have an altercation. As a taxi driver he understood that he had to negotiate a number of potentially stressful situations every day and maintain professionalism. He suggested that the complainants were not qualified to judge what constituted good driving. Addressing the Sub Committee, the witnesses stated that the taxi had cut across them on Cogan Spur without indicating and nearly caused an accident, before braking hard without warning. The sudden stop caused one of the witnesses’ back pain to get worse. The witnesses contested the driver’s claim that he did not make any gestures towards them, and emphasised that they were not following him around the car park, but rather looking for a disabled bay which could be difficult to find when it was busy. The witnesses stressed that taxi drivers were meant to set an example, as they were representing Cardiff Council and had the logo on the back of their vehicle. One of the witnesses added that he was a former driving instructor qualified to Grade 6 and also a former Special Constable, so he understood the definition of dangerous driving. He had known the driver personally for many years and would not have made this complaint unless he felt that it was very serious. The incident had been entirely unnecessary and put people in danger. RESOLVED – written warning (4) Application 4 The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage/Private Hire Driver’s License following a complaint received alleging the refusal of a fare and questioning driver conduct. Addressing the Sub Committee, the driver stated that a customer had entered his taxi upon leaving the Motorpoint Arena at about 11pm and asked to go to an address in Gwaelod Y Garth. He put in the wrong postcode by mistake and thought the destination was outside Cardiff, so he suggested a fare of £50. He then realised his error and tried to let the customer know but they had already left and got into another taxi. Responding to questions from the Sub Committee, the driver confirmed that he had misheard the address as CF35 when he asked the passenger where they wanted to go. The actual postcode in Gwaelod Y Garth was CF15. The CF35 address was 24 miles away so he estimated that this would cost about £50, going by his usual £2 per mile price for trips out of Cardiff. The Licensing Officer confirmed that while any in-district fare had to be calculated using the meter, there was no standard procedure for calculating fares outside of Cardiff as long as the fare was agreed with the customer before the journey began. RESOLVED – written warning (5) Application 5 The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage/Private Hire Driver’s License given that upon renewal of his licence his DBS returned a recent conviction from August 2022. Addressing the Sub Committee, the driver acknowledged that he had been convicted of domestic violence in 2022 and had since undertaken all of the community service and rehabilitation programs required by the court. He had been a taxi driver for more than a decade and had a very high Uber rating. He hoped he could prove to the Sub Committee that he was a professional and reliable individual who could be trusted to drive a taxi. He was trying to be a positive role model for his son and had learned a lot from the rehabilitation program. The driver’s representative added that the driver had intended to appeal the conviction but had been unable to do so for financial reasons. He had been licensed in Cardiff for 15 years with an exemplary record, had participated in a rehabilitation course and had declared his conviction to the licensing authority at the earliest opportunity. He had no other source of income and was a single parent, so he depended on his license for his livelihood. RESOLVED – license revoked Application 6 The Sub Committee were asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage/Private Hire Driver’s License given that he disclosed a conviction for plying for hire without a licence to do so, and received 8 points on his licence for driving without insurance. Addressing the Sub Committee, the driver stated that he had been driving taxis for 23 years and otherwise had a clean record. He had always driven a hackney carriage but had taken it to the garage the day before and was driving a private hire vehicle instead. While driving along Mill Lane, he saw two young women who did not seem to be getting picked up by anyone else, and he didn’t want to leave them on their own. As they got in, he realised that he was in the wrong vehicle, but he took them to their destination anyway. He accepted that this was an error and apologised to the Sub Committee. This was the first mistake he had made in a long career and it would not happen again. In response to questions from the Sub Committee, he accepted that he took them to their destination despite knowing that he shouldn’t. He suggested that he thought they might cause trouble if he asked them to leave. He confirmed that he understood the consequences of taking them as he did not have the correct insurance for a trip that wasn’t pre-booked. The Licensing Officer clarified that licensed drivers in Cardiff were dual-badge, meaning that they could drive both hackney carriages and private hire vehicles, and it was the vehicles themselves where the insurance varied. The insurance depended on the trip being pre-booked, and if it wasn’t pre-booked then it wasn’t insured. It was an offence to ply for hire without the required insurance. The driver’s representative addressed the Sub Committee, asking the panel to consider the driver’s length of service and his spotless record. He had been a fit and proper person to drive a taxi for many years and this was a serious lapse of judgement which would never happen again. The representative added that the driver had already been punished for the offence with fines and points on his license. RESOLVED – 28 day suspension
RESOLVED: that 1) the findings of the review of care home placements for older people be noted. 2) work being done to improve to quality assurance for care homes for older people be noted. 3) the approach to fee setting for older people’s care home placements for 2024-25 and other services commissioned by Adult Services be agreed, subject to further consultation with care providers and confirmation of the financial allocation through the budget setting process. The related decision-making authority in respect of the annual uplifts for care and support and the new standard cost of care rates for placements in care home for older people for 2024/25 be delegated to the Director of Adults, Housing and Communities in consultation with the Cabinet Member for Social Services (Adults) the Section 151 Officer and the Monitoring Officer. 4) the approach for the future commissioning of care home placements for older people, including a combination of approved provider and framework arrangements be agreed and the decision-making authority regarding any related procurement of services be delegated to the Director of Adults, Housing and Communities in consultation with the Cabinet Member for Social Services (Adults) the Section 151 Officer and the Director of Law and Governance.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing the way forward.
RESOLVED: That the Chairperson writes to the Cabinet Member on behalf of the Committee expressing their comments and observations captured during the way forward.
RESOLVED: Council AGREED to: Approve the Local Authority’s Social Services Annual Report for 2022/23.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing the way forward.
RESOLVED: 1. To note the update on the Annual Education Report of Children Looked After and the Virtual School and Virtual Headteacher Update and; 2. To feedback any observations or comments.
RESOLVED: • To note the update in Appendix A and to make any observations or comments; • To consider how the Participation Strategy meets the needs of Cardiff’s Children Looked After and how it is reported to Committee going forwards.
RESOLVED: 1. To note the update in Appendix A and to make any observations or comments. 2. To consider how the Personal Advisor Service was meeting the needs of Cardiff’s Children Looked After and how it be reported to Committee going forwards.
RESOLVED: • To note the content of the report and; • To explore ways the scope of the programme could be widened so that it reached as many of Cardiff’s Children Looked After as possible.
RESOLVED: that the Local Authority’s Social Services Annual Report for 2022/23 be approved for consideration by Council.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing the way forward.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing the way forward.
RESOLVED that the response to the findings and recommendations of the Community and Adult Services Scrutiny Committee report entitled ‘Cardiff Council’s Support to Residents with the Cost-of-Living be approved.
RESOLVED: 1 To note the report on Statutory Health and Information for Looked After Children; 2. Members’ comments be forwarded to officers in the form of minutes.
RESOLVED: 1. To note the Enfys Overview; and 2. To feedback on how the service meets the needs of Looked After Children; whether this is sufficient to meet the numbers of Children Looked After and how it could be reported to future Committee meetings.
RESOLVED: That the Chairperson writes to the Cabinet Member on behalf of the Committee expressing their comments and observations captured during the way forward.
RESOLVED: That the Council AGREED to: 1. approve the election of Chairs and Deputy Chairs (as appropriate) to the Regulatory and Other Committees and Groups as follows: Committee Chair Deputy Chair Constitution Committee Cllr Russell Goodway - Corporate Parenting Advisory Committee Cllr Sarah Merry as Deputy Leader - Council Appeals Committee Cllr Chris Lay - Democratic Services Committee Cllr John Lancaster - Employment Conditions Committee Cllr Chris Weaver - Licensing Committee Cllr Michael Michael Cllr Maliika Kaaba Pensions Committee Cllr Chris Weaver - Planning Committee Cllr Ed Stubbs Cllr Irene Humphreys Public Protection Committee Cllr Michael Michael Cllr Maliika Kaaba Bilingual Cardiff Working Group Cllr Owen Jones - Local Authority Governor Panel Cllr Sarah Merry as Deputy Leader - Investment Advisory Panel Cllr Chris Weaver - Works Council Cllr Chris Weaver - Health & Safety Advisory Forum Cllr Chris Weaver - 1. approve the proportional allocation of Scrutiny Chairs as set out in paragraph 4, Table A of the report; and 2. note the proposed appointments of the Scrutiny Chairs made by Party Groups pursuant to Part 6 of the Local Government Act (Wales) Measure 2011 as follows: Scrutiny Committee Chair Deputy Chair Children & Young People Cllr Lee Bridgeman N/A Community & Adult Services Cllr Rhys Taylor N/A Economy & Culture Cllr Peter Wong N/A Environmental Cllr Owen Jones N/A Policy Review & Performance Cllr Joel Williams N/A
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing the way forward.
RESOLVED: Note the report.
RESOLVED: To note the report and case studies provided
RESOLVED: that the Community & Adult Services Scrutiny Committee report entitled Cost-of-Living be received and responded to within the usual timescales
RESOLVED: that approve the Children’s Services Strategy and associated appendices be approved