Agenda item

Motions

Note:

Under the Council’s constitution, 30 minutes are available for the consideration of motions.  In practice, this realistically means that there is usually only time for one, or possibly two/three motions to be considered.  With the agreement of the Lord Mayor, motion 1 below will be considered at this meeting, and motions 2 and 3 may be considered, subject to time.  Details of other motions submitted, (which, due to time constraints, are very unlikely to be considered at this meeting) are also set out for information.

 

 

1. CHANGE IN COUNCIL ENFORCEMENT POLICY TOWARDS ILLEGAL ENCAMPMENTS (CONSERVATIVE GROUP GOLDEN MOTION)

Motion to be moved by: Cllr John Goulandris, Conservative, Stoke Bishop ward

“This Council, together with most Bristolians, has become exasperated by the incursions of illegal traveller encampments on much loved green spaces around our city, including the Downs, Highridge Common and Horfield Common. As a result, hard-working, law-abiding, tax-paying Bristolians and their families were prevented this Summer from unfettered access to these vital public places.  At the same time, the costly Council managed traveller transit camps, whose running expenses fall on Bristol council tax payers, were not fully utilised. 

The costs of clearing up our green spaces, often after a lengthy illegal occupation, are high and the Council presently makes no effort to recoup these costs from the offending travellers themselves. Likewise, no attempt is made to recoup the legal fees of the court action required by Bristol City Council to evict these groups.  

Many local authorities around the country appear to have found an extremely effective enforcement measure. For example, London boroughs have applied to the High Court for interim injunctions, which cover both named individuals and persons unknown from establishing unlawful sites across their whole administrative geographical area.

Council therefore urges the Mayor to investigate this as a matter of urgency with a view to adopting this approach in Bristol. 

In addition, as political pressure continues to grow to find a permanent solution to this problem, some 59 Conservative MPs have backed a proposal to make acts of deliberate or intentional trespass onto private or public land a new criminal offence.  This move would mirror the position recently adopted by Eire, which has proved very effective in reducing illegal traveller incursions. 

Council calls on the Mayor to add his support to this initiative by writing to the Prime Minister, Theresa May and the Secretary of State for Housing, Communities & Local Government, James Brokenshire MP and requesting that sufficient Parliamentary time is made available to enable this long overdue legislative change to take place.”

 

2. SEND

Motion submitted by: Cllr Tim Kent, Liberal Democrat, Hengrove and Whitchurch Park ward

 

“Council notes that the Mayor decided to propose cuts of £5m to the Special Educational Needs and Disabilities High Needs Block budget in January (referenced as a Deficit Recovery Programme) and regret that this extraordinary reduction in funding for children that need additional support was not fully included in the budget papers for February Full Council.

 

Council notes that a judicial review brought by some parents of SEND children and those children themselves was heard on 24th July in the High Court. His Honour Judge Cotter gave his judgement on 3rd August. In this judgement he found that Bristol City Council had acted unlawfully in setting its budget and found against the Council on each and every ground brought by the parents and children.

 

Council notes that the judges found that the council had breached the Children’s and Families Act 2014. That no consultation was undertaken, that no Equality Impact Assesment was carried out and that no regard at all was given to children when making this decision.

 

Council notes with grave concern that at the July Full Council meeting, where a motion on SEND was not allowed on the order paper, answers to questions revealed the council has failed to carry out its statutory responsibilities. Questions to the Mayor revealed that of 136 appeals regarding Education Health Care Plan (as per the Children and Families Act) only 9 were upheld in the councils favour by the 1st tier tribunal.

 

Council notes that in those answers the Mayor admitted that until August 2017 Bristol City Council was failing to use the legal test as specified in the Children’s and Families Act 2014. Council notes that between 2016-17 464 children had been refused assessment and at a 49% refusal rate the authority has one of the highest refusal rates to assess in the country. Only 1 in 10 of parents appealed the decision during a period when the council admits it was not using a lawful test.

 

Council notes with grave concern that the SEND department struggles to meet demands for assessment at the moment and often finds itself legally challenged following incorrect and unlawful decisions around the education of very vulnerable children and young people.

 

Council notes that a SEND inspection by OFSTED and CQC is due in Bristol soon and of the 61 inspections 27 have failed and have been directed to write written statements of action.

 

Council notes that the Director for Education, Learning and Skills Improvement has stated that the outcomes for children with SEND in Bristol is poor.

 

Council believes that every child is entitled to an inclusive education where their needs will be met and they will have full access to the curriculum.

 

Council believes that currently Bristol is failing in its legal duty towards SEND children and recognises with grave concern that outcomes for children with SEND in Bristol are poor.

 

Council believes that SEND is underfunded by central government and asks all political groups on the council to lobby their Westminster parties to increase pressure for more funding in this area.

 

Council is concerned that the capacity of the SEND team is already unable to meet demand within legal deadlines.

 

Council welcomes the judgement of the High Court in quashing the excessive and unlawful cut to the High Needs Block. 

 

Council welcomes the establishment of a Task and Finish Scrutiny Working Group to look at SEND within the city and ask they work with the Cabinet member to draw up an action plan to improve outcomes.

 

Council endorses the action of Cabinet Member Anna Keen in signing the recent letter to Government along with 38 other councils calling for more funding for SEND.

 

Council endorses the British Dyslexia Association definition of Dyslexia and pledges to engage with Dyslexia Awareness week (1st-7th October) and go green.

 

Council calls on the Cabinet to report to next Full Council with an action plan to restore funding to the High Needs Block with a new plan for deficit recovery that does not involve reductions to the High Needs Block. Council also calls on the Cabinet to develop an action plan that will greatly improve the outcomes for children with SEND in this city and recommend this be done over the year along with the Scrutiny Task and Finish Group and report back by January to Full Council.”

 

 

3. EXPANSION OF BRISTOL INTERNATIONAL AIRPORT AND CLIMATE CHANGE

Motion submitted by: Cllr Carla Denyer

 

Full Council notes:

1.      The stage 2 consultation by Bristol Airport regarding a new Master Plan and Charter for Future Growth (which could cover the period up to the mid-2040s); and the further consultation which will be launched this winter.

2.      That these proposals include a more-than-doubling of passenger numbers from the current figure of 8 million to 12 million in the next few years and then 20 million.

3.      That the proposals include an aspiration to be carbon neutral by 2030 (printed next to a photograph of an aircraft engine, implying that emissions from flights would be included).1

4.      That upon investigation it was found that the Airport currently lacks any plan for how to achieve carbon neutrality, and has no intention to include emissions from flights in its target.2

5.      That air travel remains the most climate-damaging form of travel, and significant expansion of air travel will therefore have a significant climate impact.

6.      That such an increase will lead to an enormous increase in the number of journeys to get to the airport to meet the increased usage – a fact which in itself will lead to significant issues around congestion, pollution and infrastructure.

7.      The commitment – in Bristol – to be carbon-neutral by 2050, and the Climate Change Act which requires an 80% cut in emissions across the UK.

8.      The Joint Spatial Plan – which includes North Somerset and the geographical area covered by the airport– contains an explicit commitment to making a 50% cut in emissions by 2036.

9.      The widespread concern that the expansion of Heathrow Airport which was supported by MPs on 25th June will make it even harder to meet the UK’s commitments under the Climate Change act.3

10.  That airport expansion, whether in Bristol or Heathrow, locks the UK into emissions increases.

11.  That 47% of the UK population has flown in the last year, and this figure has been stable over the last 15 years. Most (31%) only make one or two trips per year. This means that 10% of the population makes about 60% of all flights, and these people are mainly from the highest income groups.4

 

Full Council believes that:

1.       Airport expansion disproportionally benefits high income households while negatively affecting all households through climate change, air pollution and noise pollution.

2.       The airport must conform to the commitment contained in the Joint Spatial Plan, and such a commitment must include emissions from the aircraft using it.

 

Full Council resolves to call on the Mayor to: 

1.      Pass on these views to the airport, North Somerset Council, the West of England Combined Authority, the Joint Committee; and

2.      Respond directly to the consultations making the points above.”

 

Notes:

1.       See page 19 of https://static1.squarespace.com/static/59b6667ab7411c6d0214b1f3/t/5af5823e03ce6466ca11df4d/1526039116734/Stage+2+booklet+ELECTRONIC+FINAL.PDF

 

2.       See Appendix (next page) for copy of correspondence between Councillor Carla Denyer and the Bristol Airport Consultation Team.

 

3.       The Committee on Climate Change found that the UK target of reducing emissions by 80 per cent below 1990 levels could be achieved only if emissions from the UK aviation industry do not exceed 37.5 million tons – the level seen in 2005. And yet, a report released by the Department for Transport has already revealed that aviation emissions will hit 43 million tons by 2030 if the Heathrow expansion goes ahead. https://www.independent.co.uk/infact/heathrow-airport-expansion-vote-third-runway-climate-change-chris-grayling-a8415881.html

 

4.       Calculated by David Banister based on theNational Travel Survey data and the Civil Aviation Authority’s Air Passenger Surveys: https://theconversation.com/heathrows-third-runway-is-expensive-polluting-and-unequal-why-the-poor-will-lose-out-98781

 

 

Appendix - copy of correspondence between Councillor Carla Denyer and the Bristol Airport Consultation Team

 

Dear Cllr Denyer,

 

Carbon neutrality is a stretching target but one we believe can be achieved in the timescale we have set out.  However, I should stress that emissions from flights are out of scope but will be addressed separately through an international agreement on a new global marked-based measure to offset CO2 emissions.

 

We will be publishing a Sustainable Growth Strategy, encompassing an updated approach to carbon management, alongside our Draft Master Plan this winter.  We would welcome your feedback on all aspects of the Sustainable Growth Strategy as part of consultation on the Draft Master Plan.

 

Thank you for flagging up the glitch with the auto response, which seems to have reverted to a previous version.  We have now rectified this error.

 

Kind regards,

 

[name redacted]

 

From: Councillor Carla Denyer
Sent: 25 June 2018 14:14
To: [name and email address redacted]
Cc: Bristol Airport's Consultation Team <
Future@bristolairport.com>
Subject: RE: Bristol Airport carbon neutral 2030 plan

 

Dear [name redacted]

 

I am surprised that you think you can completely decarbonise in 12 years without yet having a road map for it, while expanding the airport.

 

Please can you point me at where I can find the existing carbon management plan?

 

By the way, are you aware of what it says in the autoreply from the future@bristolairport.com email address? See attached. Even though it is the email address published on the consultation pages for the current consultation, the autoreply tells the recipient that the consultation is closed. I think it needs updating.

 

Best wishes,

 

Carla Denyer
Councillor for Clifton Down
cllr.carla.denyer@bristol.gov.uk
07469 413306

Please click here for a copy of my privacy notice that sets out how the data you have sent me will be processed and stored.

 

From: [name and email address redacted]
Sent: 25 June 2018 13:30
To: Councillor Carla Denyer
Cc: Bristol Airport's Consultation Team
Subject: RE: Bristol Airport carbon neutral 2030 plan

 

Dear Cllr Denyer,

 

Thank you for taking the time to contact us.

 

The airport does have a carbon management plan, as required as part of the ACI Carbon Accreditation process which we are actively involved in (we are seeking approval for Stage 2: Reduction certification imminently).

 

Our ambition to be carbon neutral by 2030 is a medium term goal and as such we will be providing an updated carbon management plan in due course detailing a road map to reach this status by 2030.

 

I do hope this adequately answers your query and please don’t hesitate to contact me if I can be of any further assistance.

 

Thanks

 

[name redacted]

 

From: Councillor Carla Denyer [mailto:Cllr.carla.denyer@bristol.gov.uk]
Sent: 25 June 2018 12:01
To: Bristol Airport's Consultation Team
Subject: Bristol Airport carbon neutral 2030 plan
Importance: High

 

Dear Bristol Airport consultation team,

 

I am reading through your consultation and am very interested by your ambition to be carbon neutral by 2030.

 

Given how soon that is, I assume you have a detailed plan already in place for how to achieve it. However, I have had a look on your website, plus on http://www.airportcarbonaccreditation.org and http://www.airportco2.org, and cannot find any details. Please could you direct me to where I can find such a plan?

 

As the consultation closes soon, I would be grateful if you could get back to me in the next day or two.

 

Many thanks,

 

Carla Denyer
Councillor for Clifton Down
cllr.carla.denyer@bristol.gov.uk
07469 413306

Please click here for a copy of my privacy notice that sets out how the data you have sent me will be processed and stored.

 

 

 

 

 

Details of other motions submitted (which, due to time constraints, are very unlikely to be considered at this meeting) are set out below for information:

 

4. NO VEHICLE IDLING ZONES

Motion submitted by: Cllr Mark Wright, Liberal Democrat, Hotwells & Harbourside ward

 

This Council Notes:

1. Bristol, like many authorities, has area of poor air quality and that pollutants in the air can exceed safe limit set by both the European Union and World Health Organisation.

2. Air pollution in Bristol has a massive impact on the health of our citizens. In the young and most health-vulnerable it can cause permanent lung damage, and in older people it exacerbates lung and heart diseases. In Bristol this equates to approximately 300 extra deaths each year.

3. A very welcome Clean Air Zone is currently in the planning stages as part of the city’s Clean Air Action Plan - which will in future alter journey routes and vehicle purchases, but likely won’t affect driving style. Implementation of the Clean Air Zone is some years away.

4. The National Institute for Health and Care Excellence (NICE) and Public Health England (PHE) produced new guidance last year that recommended “no vehicle idling” areas in places where health-vulnerable people collect, such as outside schools, hospitals and care homes, and in areas where exposure to road-traffic-related air pollution is high.

 

This Council resolves to support and asks the Mayor to implement:

1. Introduce, by the end of 2019 an enforceable “no vehicle idling” zone outside every school, and in every park in the city - with at least four pilot zones of each by spring 2019.

2. Where practical, to extend the number of “no vehicle idling” zones to cover areas outside children’s play areas where standing traffic is an issue.

3. Work with our NHS partners, to look at extending “no vehicle idling” zones outside medical buildings, in hospital pick-up areas, and outside care homes.

4. Use the experience of the pilot zones to determine whether these measures should be implemented via enforceable enhancements to existing Council policies, or via a new by-law.”

 

Guidance proposes ‘no vehicle idling’ zones to tackle air pollution

https://www.localgov.co.uk/Guidance-proposes-%E2%80%98no-vehicle-idling%E2%80%99-zones-to-tackle-air-pollution/43337 

 

Air pollution: outdoor air quality and health

https://www.nice.org.uk/guidance/ng70 

 

 

5. SUPPORTING LOCAL SHOPS

Motion submitted by: Cllr Graham Morris, Conservative, Stockwood ward

 

“Council has growing concern over the future vibrancy of many of Bristol’s high streets.

 

Nationally, one study found that we are losing 16 shops per day through closure with an estimated 50,000 jobs lost or expected to go between January and June in this year alone. Some of the latest casualties include such well-known retail chains as Toys-R-Us and Maplin.

 

This is due to a ‘perfect storm’ of many contributing factors including (i) spiralling rents;

(ii) rising business rates; (iii) increased labour costs; (iv) declining foot-fall; and (v) the choice, convenience and competition provided by the internet.

 

With local authorities more dependent than ever before on retention of business rates to balance their budgets, Council believes it is essential that more is done to support struggling small businesses in secondary or satellite retail areas around the city.

 

To this end, Council calls on the Mayor to allocate resources from his capital budget to actually invest in these precincts to make them more attractive places to visit. As one designer has put it, these destinations need to become ‘galleries of experience’ to draw people to them.

 

Consequently, consideration needs to be given to changing the city’s parking strategy/priorities, more free short-term parking provided at these locations, and improved CCTV coverage to increase public safety.

 

Council requests that a report be prepared for Scrutiny which outlines the existing options available for providing temporary business rate relief on particularly hard-pressed retailers. Finally, following the outcome of such a review, the Mayor is asked to lobby Ministers for root-and-branch reform of the Business Rates system (which is based on rateable values

and ignores important factors such as profit and turnover), to bring it up to date with current economic conditions and in order to save UK retailing.”

 

 

6. TRIAL OF RECYCLED PLASTICS FOR BRISTOL ROADS

Motion submitted by: Cllr Claire Hiscott, Conservative, Horfield ward

 

“Council notes with great interest the innovative road surfacing experiment currently being trialled in London which utilises recycled plastics.

 

In 2016, Cumbria County Council became the first authority in the country to use this material on its roads. It was found to be an affordable, more environmentally friendly alternative repair resource to address their road repair problems. For their project, resurfacing the A7 in Carlisle, the volume of plastic applied was equivalent to 500,000

plastic bottles and more than 800,000 one-use plastic carrier bags.

 

Council understands that many benefits are derived from these 'plastic roads' which can be constructed entirely out of recycled plastic or as a composite mix with traditional mineral aggregates and asphalt. For example, as well as obviously reducing resort to landfill, it uses a material which is plentiful, cost effective, easy to apply and proven durability.

 

With the LGA estimating it will cost around £11.8 billion to bring the nation's roads up to standard, any viable cheap alternative must be considered by cash-strapped authorities.

 

Accordingly, in order to better evaluate these claims, Council calls on the Mayor to commission a detailed report on this subject for scrutiny members, with particular attention given to the Enfield project and special consideration given to conducting our own trial(s) here in Bristol.

 

Any such local study should also seek to identify those component combinations which maximise surface noise reduction.

 

No doubt, the bad Winter weather took a heavy toll on the city’s road network. So, it would seem to be especially timely to try out these plastic formulations as a repair solution at the earliest possible opportunity.”

 

 

7. WIDENING RECOVERY OF POSSESSION OF A DWELLING FOR ANTI-SOCIAL BEHAVIOUR

Motion submitted by: Cllr Richard Eddy, Conservative, Bishopsworth ward

 

“Council notes with interest the recent suggestion by the Parliamentary Under-Secretary of State for Crime, Safeguarding & Vulnerability that families of gang members should run the risk of eviction from their rented accommodation.

 

This followed reports that a trial in north London involving the threat of this power (under the Anti-social Behaviour, Crime & Policing Act 2014) has proven to be a ‘particularly effective strategy in changing …behaviour’.

 

For decades, there are communities in our city whose lives have been blighted by the blatant criminality and really serious offending of a persistent minority. All too often these individuals seem to act with impunity - beyond the reach of law or civil consequences. This has to stop and new solutions to this problem sought and embraced.

 

Despite criticism levelled at this sanction, there are practical safeguards in its application. For example, the London scheme is part of an Integrated Gangs Strategy, involving multi-agency intervention, the willingness to engage in the process, a high threshold for repossession and is evidence based.

 

Accordingly, Council calls on the Mayor to investigate the potential for adopting a similar approach to the worst offenders in our midst – and their kin - who occupy social housing in Bristol. It is Council’s belief that this particular jeopardy could have a powerful deterrent effect upon would-be and even hardened criminals.”

 

 

8. BRISTOL SAFER DRUG CONSUMPTION ROOM AND HEROIN ASSISTED TREATMENT

Motion submitted by: Cllr Jude English, Green, Ashley ward

 

Full Council notes that:

1.      Drug related deaths in Bristol have significantly increased over the past four years, including a rise in deaths relating to the powerful painkiller fentanyl.  Bristol also has the highest crack cocaine use across the country.

2.      Sharing needles puts people at risk of catching Blood Borne Viruses, most prominently HIV, hepatitis C (HCV) and hepatitis B (HBV). In Bristol 66.4% of injecting drug users have Hepatitis C - well above the national average.

3.      There is a widespread problem in Bristol with discarded needles and street drug use – impacting the public and business community.

4.      Street drug use and the resulting impacts have major cost implications for policing, public health, businesses and a range of council services.

5.      The government's expert advisory group - the Advisory Council on the Misuse of Drugs (ACMD) - has called for both Safer Drug Consumption Rooms (DCR) and Heroin Assisted Treatment (where heroin is prescribed in a clinic). They note that the evidence demonstrates that these interventions reduce death rates, blood borne disease infections and other health problems, hospital stays, emergency call-outs, discarded drug litter, and street drug use. They also improve engagement and retention in treatment for otherwise difficult to reach vulnerable people, and do not lead to increased use.

6.      In its response to the ACMD, the Government recognised there is evidence supporting: “the effectiveness of drug consumption rooms in addressing the problems of public nuisance associated with open drug scenes, and in reducing health risks for drug users.” and that; “It is for local areas in the UK to consider, with those responsible for law enforcement, how best to deliver services to meet their local population needs.”

7.      Heroin Assisted Treatment is recommended for people for whom other forms of treatment have not worked, by Public Health England and in the Home Office Modern Crime Reduction Strategy. 44% of acquisitive crime is committed by dependent heroin users, and research from UK trials in Brighton, London and Darlington showed that Heroin Assisted Treatment can reduce acquisitive crime to pay for drug use by two-thirds. It can also cause a substantial fall in overall crime, and lead to a reduction in street dealing, and street sex work. It also reduces the profits organised criminals accrue from the heroin trade.

8.      The ACMD and numerous cost-benefit analyses have concluded that both Safer Drug Consumption Rooms and Heroin Assisted Treatment are cost effective. A business case carried out by the NHS in Glasgow in 2017 concluded a proposed facility there, combining both, would lead to millions of pounds worth of savings.

9.      A range of public service budgets stand to benefit from the positive impacts of Safer Drug Consumption Rooms and Heroin Assisted Treatment - including policing, ambulance services, the wider NHS, council waste services etc. Long term funding for the proposed Glasgow facilities will be drawn proportionately from all these areas to ensure that all contribute and benefit fairly.

 

Full Council believes that:

1.      Many of the most vulnerable people in Bristol are dying, while measures that have been shown to save both lives and money, and are recommended by the Government’s expert advisers, have not been fully considered.

2.      The evidence shows that Safer Drug Consumption Rooms and Heroin Assisted Treatment deliver significant health, social and economic benefits, not just to people who use drugs, but to the wider public and businesses. Implementing these measures has also been shown to deliver savings across health, crime and policing, business, parks and street cleaning, and other areas, that are substantially higher than the running costs. Therefore, on social and economic grounds, an assessment should be conducted as to the feasibility of delivering these measures in Bristol.

 

 Full council resolves to ask the Mayor:

1.      To publicly endorse the work of the Substance Misuse Team in carrying out a feasibility study in house to assess whether Heroin Assisted Treatment and/or a Safer Drug Consumption Room would have net benefits for Bristol as supported by Safer Bristol Executive at their meeting in January.

2.      To ensure that this study draws on existing research to assess the likely impacts on: drug related deaths, street drug use, discarded drug litter, anti-social behaviour, health, crime etc. It should also indicate which budgets, both within the council and beyond, would make cost-savings - e.g. policing, emergency services, hospital admissions etc.  This is to identify stakeholders who could be asked to contribute financially, to ensure fair, long term funding that benefits all those involved.

3.       Most importantly, to commit to fully implementing the findings and recommendations of the feasibility study so that the people of Bristol benefit as soon as possible – especially our most vulnerable citizens.”

 

 

9. CERTAINTY FOR UNIVERSAL CREDIT CLAIMANTS

Motion submitted by: Cllr Eleanor Combley, Green, Bishopston & Ashley Down ward

 

Full Council notes that:

 

Households that move onto receiving Universal Credit will have a minimum 6 week delay (though many have reported more) before receiving any income after claiming, meaning that many people are likely to fall into rent arrears, fuel and food poverty.1

 

Some landlords around the country have sent pre-emptive eviction notices to their tenants, telling them that if they fall into rent arrears because of the slowness of the universal credit system, they will be evicted.2 

 

This means that tenants who may be moved onto universal credit are living in fear of losing their homes, even though their rent will eventually be paid. 

 

The Full Service for Universal Credit is being introduced for all working age households making a new claim for benefit:

 

·         in Bedminster, Bishopsworth and Temple Street Job Centre Plus areas from June 2018

·         in Horfield and Shirehampton Job Centre Plus areas from September 2018 

·         in Kingswood Jobcentre Plus area from October 2018

 

Full Council believes that:

 

No-one should be losing their home through no fault of their own, because of the slowness or inefficiency of state systems.

 

If landlords are prepared to come out now and say that they won’t evict anyone because of rent arrears caused by universal credit, that stress can be removed in an instant.

 

Full Council callson the Mayor to make a pre-emptive commitment not to evict council tenants who fall into rent arrears when they are moved onto Universal Credit.

 

Further we callon all landlords in Bristol to follow the Council’s example and make a similar commitment to their tenants, so that no tenant in Bristol needs to fear eviction because of a move onto Universal Credit.”

 

References:

1.       https://www.theguardian.com/society/2017/oct/26/universal-credit-six-week-wait-key-obstacle-to-its-success-mps-say

2.       https://www.theguardian.com/society/2017/nov/15/landlord-threatens-mass-evictions-ahead-of-universal-credit-rollout

 

10. CYCLE LANES

Motion submitted by: Cllr Charlie Bolton, Green, Southville ward

 

Full Council notes:

 

·         The plethora of designs, finishes and colours of the various cycle lanes in the city.

·         The confusion this causes, especially in areas where cyclists and pedestrians are in close proximity – the current layout of the city centre being a case in point

 

Full Council believes:

 

A solution such as a single recognisable colour for cycle lanes would help make it obvious to all the distinction between areas where it is acceptable to cycle, and areas where it is not – something which would benefit all .

 

Council therefore calls on the Mayor:

 

To introduce a single colour scheme for all Bristol’s cycle lanes, or find another mechanism for differentiating between cycle lanes and pedestrian walkways, particularly in shared spaces across our city.”

 

 

11. SUPPORT FOR THE HUMAN RIGHTS ACT

Motion submitted by: Cllr Stephen Clarke

 

Full Council notes:

·         The positive impact that the Human Rights Act has had on the protection of the rights of individuals in the UK.

·         The valuable guidance the Act provides for public authorities in ensuring policies are developed in line with international human rights standards.

Full Council believes:

·         The UK should be proud of respecting the human rights of its citizens and should not be considering diluting their statutory protections at this time of increased threat to civil liberties.

Full Council resolves to call on the Mayor:

·         To lobby the Government to retain the Act, the protections within it, and the UK's international obligations under the European Convention on Human Rights.

To request that the leader of the opposition publically voices support for the retention of the Human Rights Act in future negotiations or statements on Brexit.”

 

12. ACTION ON RESIDENTS PARKING

Motion submitted by: Cllr Fi Hance, Green, Redland ward

 

Full Council notes:

1.      That significant parking problems and associated dangers to the community are being experienced in numerous areas across the city, particularly those adjoining existing Resident Parking schemes.

2.      Many local people have attended public meetings to voice their concerns and several resident led action groups have been set up to examine problems and potential solutions.

3.      No support is available from the Highways department who are fully engaged in reviewing existing RPS schemes and reviewing 20mph for the foreseeable future.

 

Full Council believes that:

1.      When residents ask for help from the council in this way they should be listened to, otherwise they will perceive any attempt at engagement as being meaningless.

2.      Officers should be made available for community engagement before the current situation results in a serious accident resulting from poor parking management.

3.      Residents cannot be expected to develop positive solutions without the expertise of experienced highways officers.

 

Full Council resolves to call on the Cabinet Member for Transport to:

1.      Acknowledge the dangers that local communities are highlighting to their ward councillors which result from inadequate parking regulation.

2.      Allocate resource to communicating and providing appropriate advice to affected communities in the City.

3.      Explain to the local residents what is happening.

4.      Refer the process for RPS extensions to the appropriate scrutiny function for review.”

 

13. PROMOTING CO-OPERATIVE IDEAS AND PRACTICES FOR THE BENEFIT OF RESIDENTS AND STAFF

Motion submitted by: Cllr Tom Brook, Bishopsworth and Ashley Down ward

 

Full Council notes that:

 

Bristol, both within the City Council and in the wider city, is a proud hotbed of co-operative ideas and practices.

 

More can always be done to promote co-operative thinking within the City Council for the benefit of residents and staff alike. 

 

The Co-operative Councils Innovation Network is a successful, long-running collaboration between local authorities who are committed to finding better ways of working for, and with, local people for the benefit of their local community.

 

The Mayor’s 2016 Manifesto included a pledge to join the Co-operative Councils Innovation Network

 

Full Council believes that:

 

Bristol City Council should continue to pursue and implement co-operative policies throughout all it does, and should promote co-operative practices to its partner organisations.

 

Joining the Co-operative Councils Innovation Network, putting co-operative policies into practice, and innovating alongside other like-minded authorities, are all ways that can help Bristol City Council to meet the challenges it faces of budget, social care pressures and other issues.


Full Council resolves:

 

That Bristol City Council should join the Co-operative Councils Innovation Network at the earliest opportunity.

 

To support the Mayor and council administration’s to incorporate more co-operative policies and practices within the council.

 

Ask the Mayor to, working with other cities such as Newcastle, Plymouth and Greater Manchester, promote co-operative thinking to other like-minded Local Authorities who may benefit from such policies.”

 

Minutes:

Motion 1 – Change in Council enforcement policy towards illegal encampments

 

Councillor Goulandris moved the following motion:

 

“This Council, together with most Bristolians, has become exasperated by the incursions of illegal traveller encampments on much loved green spaces around our city, including the Downs, Highridge Common and Horfield Common. As a result, hard-working, law-abiding, tax-paying Bristolians and their families were prevented this Summer from unfettered access to these vital public places.  At the same time, the costly Council managed traveller transit camps, whose running expenses fall on Bristol council tax payers, were not fully utilised. 

The costs of clearing up our green spaces, often after a lengthy illegal occupation, are high and the Council presently makes no effort to recoup these costs from the offending travellers themselves. Likewise, no attempt is made to recoup the legal fees of the court action required by Bristol City Council to evict these groups.  

Many local authorities around the country appear to have found an extremely effective enforcement measure. For example, London boroughs have applied to the High Court for interim injunctions, which cover both named individuals and persons unknown from establishing unlawful sites across their whole administrative geographical area.

Council therefore urges the Mayor to investigate this as a matter of urgency with a view to adopting this approach in Bristol. 

In addition, as political pressure continues to grow to find a permanent solution to this problem, some 59 Conservative MPs have backed a proposal to make acts of deliberate or intentional trespass onto private or public land a new criminal offence.  This move would mirror the position recently adopted by Eire, which has proved very effective in reducing illegal traveller incursions. 

Council calls on the Mayor to add his support to this initiative by writing to the Prime Minister, Theresa May and the Secretary of State for Housing, Communities & Local Government, James Brokenshire MP and requesting that sufficient Parliamentary time is made available to enable this long overdue legislative change to take place.”

Councillor Hiscott seconded the motion.

 

Following debate, upon being put to the vote, the motion was LOST (16 members voting in favour, 39 against, with 1 abstention).

 

 

At this point in the meeting, on the motion of the Lord Mayor, it was agreed that standing orders be suspended to allow the consideration of motions to continue for a further 15 minutes beyond the standard 30 minute time limit.

 

 

Altered Motion 2 – SEND

 

Councillor Kent moved the following altered motion:

 

“Council notes  the  cuts of £5m to the Special Educational Needs and Disabilities High Needs Block budget in January (referenced as a Deficit Recovery Programme) and regret that this extraordinary reduction in funding for children that need additional support was not fully included in the budget papers for February Full Council.

 

Council notes that many local authorities have raised concerns with the current Government about the inadequacy of the High Needs funding in the light of the increasing costs of SEND statutory requirements and increasing demand.

 

Council notes that the High Needs budget in Bristol has had a cumulative deficit for many years which has not been adequately addressed by previous administrations, and forecasted to reach £7.2m at the end of 2019/20 if no action was taken. Council also notes that the Schools Forum for 2018/19 agreed that additional funding could be moved from other parts of the DSG to support the High Needs budget as part of the solution to address this.

 

Council notes that a judicial review brought by some parents of SEND children and those children themselves was heard on 24th July in the High Court. His Honour Judge Cotter gave his judgement on 3rd August. In this judgement he found that Bristol City Council had acted unlawfully in setting its budget and found against the Council on each and every ground brought by the parents and children.

 

Council notes that the judges found that the council had breached the Children’s and Families Act 2014. That no consultation was undertaken, that no Equality Impact Assesment was carried out and that no regard at all was given to children when making this decision.

 

Council notes with grave concern that at the July Full Council meeting, where a motion on SEND was not allowed on the order paper, answers to questions revealed the council has failed to carry out its statutory responsibilities. Questions to the Mayor revealed that of 136 appeals regarding Education Health Care Plan (as per the Children and Families Act) only 9 were upheld in the councils favour by the 1st tier tribunal.

 

Council notes that in those answers the Mayor admitted that until August 2017 Bristol City Council was failing to use the legal test as specified in the Children’s and Families Act 2014. Council notes that between 2016-17 464 children had been refused assessment and at a 49% refusal rate the authority has one of the highest refusal rates to assess in the country. Only 1 in 10 of parents appealed the decision during a period when the council admits it was not using a lawful test.

 

Council notes with grave concern that the SEND department struggles to meet demands for assessment at the moment and often finds itself legally challenged following incorrect and unlawful decisions around the education of very vulnerable children and young people.

 

Council notes that a SEND inspection by OFSTED and CQC is due in Bristol soon and of the 61 inspections 27 have failed and have been directed to write written statements of action.

 

Council notes that the Director for Education, Learning and Skills Improvement has stated that the outcomes for children with SEND in Bristol is poor but is putting in place a clear action plan for improvement which councillors will receive regular updates about.

 

Council believes that every child is entitled to an inclusive education where their needs will be met and they will have full access to the curriculum.

 

Council believes that currently Bristol is failing in its legal duty towards SEND children and recognises with grave concern that outcomes for children with SEND in Bristol are poor.

 

Council believes that SEND is underfunded by central government and asks all political groups on the council to lobby their Westminster parties to increase pressure for more funding in this area.

 

Council is concerned that the capacity of the SEND team is already unable to meet demand within legal deadlines.

 

Council welcomes the judgement of the High Court in quashing the excessive and unlawful cut to the High Needs Block and will take this opportunity to reflect on a partnership approach with schools and parents/carers to agree a way forward.

 

Council welcomes the establishment of a Task and Finish Scrutiny Working Group to look at SEND within the city and ask they work with the Cabinet member to draw up an action plan to improve outcomes.

 

Council endorses the action of Cabinet Member Anna Keen in signing the recent letter to Government along with 38 other councils calling for more funding for SEND.

 

Council endorses the British Dyslexia Association definition of Dyslexia and pledges to engage with Dyslexia Awareness week (1st-7th October) and go green.

 

Council calls on the Cabinet to report to next Full Council with an action plan to restore funding to the High Needs Block with a new plan for deficit recovery that does not involve reductions to the High Needs Block. Council also calls on the Cabinet to develop an action plan that will greatly improve the outcomes for children with SEND in this city and recommend this be done over the year along with the Scrutiny Task and Finish Group and report back by January to Full Council.”

 

Councillor Keen seconded the altered motion.

 

Following debate, upon being put to the vote, the altered motion was CARRIED (56 members voting in favour, none against, with no abstentions), and it was then

 

RESOLVED:

 

Council notes  the  cuts of £5m to the Special Educational Needs and Disabilities High Needs Block budget in January (referenced as a Deficit Recovery Programme) and regret that this extraordinary reduction in funding for children that need additional support was not fully included in the budget papers for February Full Council.

 

Council notes that many local authorities have raised concerns with the current Government about the inadequacy of the High Needs funding in the light of the increasing costs of SEND statutory requirements and increasing demand.

 

Council notes that the High Needs budget in Bristol has had a cumulative deficit for many years which has not been adequately addressed by previous administrations, and forecasted to reach £7.2m at the end of 2019/20 if no action was taken. Council also notes that the Schools Forum for 2018/19 agreed that additional funding could be moved from other parts of the DSG to support the High Needs budget as part of the solution to address this.

 

Council notes that a judicial review brought by some parents of SEND children and those children themselves was heard on 24th July in the High Court. His Honour Judge Cotter gave his judgement on 3rd August. In this judgement he found that Bristol City Council had acted unlawfully in setting its budget and found against the Council on each and every ground brought by the parents and children.

 

Council notes that the judges found that the council had breached the Children’s and Families Act 2014. That no consultation was undertaken, that no Equality Impact Assesment was carried out and that no regard at all was given to children when making this decision.

 

Council notes with grave concern that at the July Full Council meeting, where a motion on SEND was not allowed on the order paper, answers to questions revealed the council has failed to carry out its statutory responsibilities. Questions to the Mayor revealed that of 136 appeals regarding Education Health Care Plan (as per the Children and Families Act) only 9 were upheld in the councils favour by the 1st tier tribunal.

 

Council notes that in those answers the Mayor admitted that until August 2017 Bristol City Council was failing to use the legal test as specified in the Children’s and Families Act 2014. Council notes that between 2016-17 464 children had been refused assessment and at a 49% refusal rate the authority has one of the highest refusal rates to assess in the country. Only 1 in 10 of parents appealed the decision during a period when the council admits it was not using a lawful test.

 

Council notes with grave concern that the SEND department struggles to meet demands for assessment at the moment and often finds itself legally challenged following incorrect and unlawful decisions around the education of very vulnerable children and young people.

 

Council notes that a SEND inspection by OFSTED and CQC is due in Bristol soon and of the 61 inspections 27 have failed and have been directed to write written statements of action.

 

Council notes that the Director for Education, Learning and Skills Improvement has stated that the outcomes for children with SEND in Bristol is poor but is putting in place a clear action plan for improvement which councillors will receive regular updates about.

 

Council believes that every child is entitled to an inclusive education where their needs will be met and they will have full access to the curriculum.

 

Council believes that currently Bristol is failing in its legal duty towards SEND children and recognises with grave concern that outcomes for children with SEND in Bristol are poor.

 

Council believes that SEND is underfunded by central government and asks all political groups on the council to lobby their Westminster parties to increase pressure for more funding in this area.

 

Council is concerned that the capacity of the SEND team is already unable to meet demand within legal deadlines.

 

Council welcomes the judgement of the High Court in quashing the excessive and unlawful cut to the High Needs Block and will take this opportunity to reflect on a partnership approach with schools and parents/carers to agree a way forward.

 

Council welcomes the establishment of a Task and Finish Scrutiny Working Group to look at SEND within the city and ask they work with the Cabinet member to draw up an action plan to improve outcomes.

 

Council endorses the action of Cabinet Member Anna Keen in signing the recent letter to Government along with 38 other councils calling for more funding for SEND.

 

Council endorses the British Dyslexia Association definition of Dyslexia and pledges to engage with Dyslexia Awareness week (1st-7th October) and go green.

 

Council calls on the Cabinet to report to next Full Council with an action plan to restore funding to the High Needs Block with a new plan for deficit recovery that does not involve reductions to the High Needs Block. Council also calls on the Cabinet to develop an action plan that will greatly improve the outcomes for children with SEND in this city and recommend this be done over the year along with the Scrutiny Task and Finish Group and report back by January to Full Council.

 

Supporting documents: