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SOCIAL SERVICES NORTH WEST
MEETING ON 14 SEPTEMBER 2001 AT BLACKBURN
REPORT OF THE CO-ORDINATOR
REVIEW OF CONSTITUTION AND RULES
1. Matter for Consideration:
2. InformationTo review the Constitution and Rules of the organisation and to make any amendments which may be considered necessary to meet changed circumstances.
2.1 The Constitution and Rules of NWASSA were last reviewed and updated in 1998. Since then, a number of changes have occurred. The boundaries of the North West are now deemed to include the whole of Cumbria, and that authority has joined Social Services North West. The name ‘Social Services North West’ has gained increased currency as against the old ‘official’ name of NWASSA. New Aims and Objectives were agreed in June 2000 which effectively replace the former Terms of Reference. The arrangements for administrative and financial support have been brought together under the auspices of Lancashire Social Services Department at Preston, and a dedicated appointment of Co-ordinator has been made, rather than relying upon a Director of Social Services to undertake this function in addition to their normal duties. The postponement of this year’s local government elections showed the present provisions in the rules in respect of meetings, and the Annual Meeting in particular, to be inflexible.
2.2 All the above developments suggest the need for a review of the provisions of the Constitution and Rules. The attached table shows, on the left, the present provisions, and on the right, proposals for any changes (including options in certain cases). These proposals have been produced by the Co-ordinator and Professional Assistant of Social Services North West and the Director of Social Services for Lancashire, who in turn is taking expert advice from other County Council officers, which will be reported at the meeting.
3. Recommendation
That Members consider the proposals for amendments to the Constitution and Rules, and determine any changes to be made.
APPENDIX: SOCIAL SERVICES NORTH WEST - REVIEW OF CONSTITUTION AND RULES 2001
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CONSTITUTION AND RULES GOVERNING PROCEEDINGS (as approved on 19 June 1998) PART I – TITLE AND CONSTITUTION OF THE COMMITTEE 1.The Committee shall be called The North West Association of Social Services Authorities and membership shall extend to the following North West authorities;- Blackburn with Darwen Borough Council Blackpool Borough Council Bolton Metropolitan Borough Council Bury Metropolitan Borough Council Halton Borough Council Knowsley Metropolitan Borough Council Lancashire County Council Liverpool City Council Manchester City Council Oldham Metropolitan Borough Council Rochdale Metropolitan Borough Council St Helens Metropolitan Borough Council Salford City Council Sefton Metropolitan Borough Council Tameside Metropolitan Borough Council Trafford Metropolitan Borough Council Warrington Borough Council Wigan Metropolitan Borough Council (The Committee was originally formed from the North West Children's Regional Planning Committee). 2. The Committee shall have the following terms of reference which may be varied by the Association from time to time. PART II – TERMS OF REFERENCE 3. The Committee may consider any matters relating to the functions of a Social Services Authority which are of regional or sub-regional significance and may make recommendations thereon to constituent local authorities. 4. The Committee may consider and make recommendations on good practices/ procedures relating to the provision of services for the client groups of Social Services Authorities. 5. The Committee may, as necessary, make representations on behalf of constituent authorities to Government on the regional implications of their policies and act, as required by constituent authorities to engage in discussions or making representations to other regional or national organisations on their behalf.
PART III – MEMBERSHIP 6. The membership of the Committee shall comprise of members to be appointed by the relevant local authorities in accordance with the following population basis:- Population of Authority Membership Under 400,000 1 Between 400,000 and 1M 2 Over 1M 3 7. Each relevant local authority shall appoint a deputy for each member appointed who shall be authorised to attend meetings of the Committee in the member's absence. 8. Members of the Committee and their deputies shall be members of the authority they represent and a member or deputy who ceases to be a member of his authority shall terminate forthwith his membership of the Committee. It shall be competent for any relevant authority to change their representatives at any time Co-option 9. The Committee shall, at their discretion, co-opt persons to serve on the Committee either for the whole or only part of the proceedings. Co-opted members shall have the right to take part in the discussions but shall not have the right to vote at meetings of the Committee. Attendance of Officers 10. Members of the Committee or their deputies may, at their discretion, be accompanied at meetings of the Committee by such officers as they think appropriate. Officers whilst able to assist in the debate at meetings are not permitted to vote. Sub-Groups/Working Parties 11. The Committee shall appoint such sub-groups of members as may be necessary from time to time. 12. The Committee may, at their discretion, establish other Regional Working Parties to consider and report on specific matters as may be referred to them.
PART IV – APPOINTMENT OF OFFICERS 13. The Chief Executive of the City of Manchester shall act as Honorary Secretary of the Committee. 14. The Borough Treasurer, Oldham District Council, shall act as Honorary Treasurer and Honorary Financial Adviser to the Committee as necessary.
15. A Director of Social Services from one of the constituent authorities will act as Co-ordinator. S/he, assisted by other Directors from the region will arrange the preparation of briefing papers and professional advice to the Committee as necessary.
PART V – FINANCE 17. The Committee's financial year shall be from lst April to 31st March, and a statement of accounts shall be submitted to the Committee as soon as practicable after the end of the financial year.
18. Estimates of expenditure of the Committee, including the administration costs referred to in paragraph 16 above, shall be prepared annually for the ensuing year by the Honorary Treasurer for submission to the Committee for approval. The approved sum included in such estimates shall be apportioned between the relevant authorities on the basis of total population estimated at the previous 30th June by the Registrar General, Office for National Statistics. 19. The payment of invoices shall be authorised by the Honorary Secretary or by the Professional Adviser. PART VI - RULES GOVERNING PROCEEDINGS OF THE COMMITTEE Appointment of Chair and Deputy Chair 20. The Committee shall elect from amongst their numbers, at the June meeting, a Chair and Deputy Chair. In the absence at any meetings of the Chair and Deputy Chair, the members present may elect a Chair from amongst their number to preside at the meeting. Voting 21. All matters shall be decided by a simple majority of members present and in the event of an equality of votes, the Chair shall have a second or casting vote. The mode of the voting shall be by a show of hands, except when a ballot is requested by the Committee. Co-opted members and officers present at meetings are not entitled to vote. Quorum 22. A quorum for the meeting shall be one third of the total number of members of the Committee entitled to vote and if during any meeting the Chair, after counting the members present, declares that there is not a quorum present, the meeting shall stand adjourned. Frequency of Meetings 23. There shall be an annual meeting of the Committee in June of each year and thereafter the Committee shall meet each quarter in the afternoon of the third Friday of the month provided that there is, in the view of the Chair, sufficient business to be transacted at any meeting. Special Meetings 24. The Chair of the Committee may, at his/her discretion, call a special meeting upon the request in writing of the Committee at any time and shall be required, within a period of 14 days, to call a special meeting upon the request in writing of five of the authorities on the Committee.
Minutes 25. Minutes of the proceedings of meetings of the Committee shall be drawn up and entered in a book kept for that purpose and shall be signed at the same or next ensuing meeting of the Committee, by the person presiding thereat.
26. No discussions shall take place upon the minutes except upon their accuracy and any question of their accuracy shall be raised by motion. If no such question is raised or, if it is raised, then as soon as it has been disposed of, the Chair shall sign the minutes. Rules of Debate 27. Motions and amendments may be moved without notice and a motion or amendment shall not be discussed unless it has been proposed and seconded and, if required by the Chair, put in writing and handed to the Chair before it is further discussed or put to the meeting. 28. Any member when speaking in the meeting shall address the Chair. If two or more members signify the desire to speak, the Chair shall call on one to speak; the other, or others, shall remain silent whilst that member is speaking, the other members shall not intervene unless to raise a point of order or by way of personal explanations. No speech shall exceed 10 minutes except by consent of the Committee. 29. Any amendment shall be relevant to the motion and shall be either:- (a) to refer the subject of debate to a special committee/working party for consideration or re-consideration; (b) to leave out words from the motion; (c) to leave out words or insert and add others to the motion; (d) to insert or add words to the motion but such words shall not have the effect of negating the motion before the Committee. 30. Only one amendment may be moved and discussed at a time and no further amendment shall be moved until the amendment under discussion has been disposed of. 31. If an amendment has been lost, other amendments may be moved on the original motion. If an amendment has been carried, the motion, as amended, shall take the place of the original motion and shall become the substantive motion upon which any further amendment may be moved. 32. A motion or amendment may be withdrawn by the mover with the consent of his seconder and of the Committee. 33. The mover of the motion shall have a right to reply at the close of the debate on the motion immediately before it is put to the vote and after this reply no other speech on that motion shall be allowed. If an amendment is moved, the mover of the original motion shall also have a right of reply at close of the debate on the amendment. The mover of the amendment shall have no right of reply to the debate on his amendment. 34. When a motion is under debate no other motion shall be moved except the following:- (a) to amend a motion; (b) to adjourn the meeting; (c) to adjourn the debate; (d) to proceed to the next business; (e) that the question now be put; (f) that a member be not further heard. 35. Whenever the Chair intervenes during a debate a member then speaking shall be silent. Suspension of Rules 36. Any of the preceding rules may be suspended regarding any business at the meeting which its suspension is proposed. However, unless there shall be present at the meeting at least half of the total members of the Committee entitled to vote, any motion to suspend rules shall not be moved without notice thereof having been delivered to the Honorary Secretary at least ten clear days before the meeting. Termination of Membership of the Committee 37. Any Authority wishing to withdraw from membership of the Association shall give at least one year's notice as from the date of the annual meeting of the Committee or the next subsequent annual meeting if notice is given during the course of a year. 38. An Authority having given notice of intention to withdraw from membership shall be liable for any apportionment of expenses up to the expiry of the notice period.
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PROPOSED AMENDMENTS FOR CONSIDERATION (September 2001)
1. SUBSTITUTE: The Association shall be called Option A: Social Services North West (formerly the North West Association of Social Services Authorities) Option B: the North West Association of Social Services Authorities (known as Social Services North West) Its area of operation shall be the North West of England, defined by the boundaries of the North West Regional Assembly, currently comprising the counties of Cumbria, Lancashire, Greater Manchester, Merseyside and Cheshire. Membership shall be open to any local authority with social services responsibilities operating within that area.
2. The Association shall have the following Aims and Objective PART II - AIMS AND OBJECTIVES 3. SUBSTITUTE for 3, 4 & 5: The Association shall work to promote high quality local authority services in the North West of England by -considering issues relating to the personal social services which are of regional or sub-regional significance, and making recommendations to member authorities. -promoting good practice in the personal social services amongst member authorities. -making representations to Government on behalf of member authorities on the implications for the North West of Government policies for the personal social services and related matters. -working with other regional and national bodies on behalf of member authorities to promote high quality public services. (Revised Statement of Aims and Objectives adopted by Social Services North West in June 2000)
6. The Association shall conduct its business through a Committee, which shall comprise elected members appointed by member local authorities in accordance with their population on the following basis:- Population of Authority Membership Under 400,000 1 Between 400,000 and 1M 2 Over 1M 3 7. SUBSTITUTE: Each member local authority shall appoint a deputy for each member appointed who shall be authorised to attend meetings of the Committee in the member’s absence. 8. Final sentence to be replaced by" Each member local authority shall be entitled to change their representatives on the Committee at any time."
9. No change recommended
10. No change recommended
11. add final sentence " Such sub-groups shall have power to co-opt in accordance with Clause 9". 12. add final sentence " Such Regional Working Parties shall have power to co-opt in accordance with Clause 9".
13. SUBSTITUTE FOR 13 and 14: The Association shall arrange for the functions of its Secretary and Treasurer to be undertaken by one or more of its member local authorities, in accordance with such terms and conditions as shall be agreed between the Association and the member local authority (ies) concerned, including the period of notice to be given by any member local authority seeking to terminate its provision of such services. 15. SUBSTITUTE: The Association shall arrange, in conjunction with one or more of its member local authorities, for the appointment of a Co-ordinator and other staff it requires to assist in achieving the Associations aims and objectives. The Co-ordinator and other staff shall be accountable to the Association and to the appropriate Chief Officer in the appointing member local authority.
16. SUBSTITUTE: In respect of clauses 13 and 15 the member local authorities providing services on behalf of the Association shall be entitled to the payment of reasonable administration costs as may be determined from time to time between the Committee and the relevant member local authorities.
17. The Association’s financial year shall be from 1st April to 31st March and a statement of accounts shall be submitted by the Treasurer to the Committee as soon as practicable after the end of the financial year.
18. Refer to "Association" rather than ‘Committee’; delete the word "Honorary" and refer to "member local authorities" rather than "relevant authorities"
19. SUBSTITUTE: The payment of invoices within approved budget estimates shall be authorised by the Co-ordinator.
Annual Meeting and Appointment of Chair and Deputy 20. SUBSTITUTE: As soon as practicable after the commencement of each municipal year, the Committee of the Association shall hold an Annual Meeting. At this meeting, the Committee shall elect from amongst their number a Chair and Deputy Chair. In the absence at any meetings of the Chair and Deputy Chair, the members present may elect a Chair from amongst their number to preside at the meeting.
21. No change proposed Do members wish to specify the number of members requesting a ballot before a ballot should be agreed to?
22. Re-draft as two sentences , ending the first after ‘entitled to vote’
23. SUBSTITUTE: At the Annual Meeting, the Committee shall determine a programme of meetings for the forthcoming year. (Provision for the Annual Meeting itself now appears in proposed Clause 209)
24. Re-draft to say ‘…call a special meeting upon the request in writing of five member local authorities’
25. No change proposed
26. add "certifying their accuracy" after "..the Chair shall sign the Minutes."
27. No change proposed
28. No change proposed
29. No change proposed
30. No change proposed
31. No change proposed
32. No change proposed 33. No change proposed
34. No change proposed
35. No change proposed
36. No change proposed
37. re-draft the beginning as "Any member local authority wishing to withdraw from membership of the Association shall…"
38. begin with " Any member local authority…" |
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