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AGENDA Board Meeting Tuesday 15 January 2008 at Probation Headquarters, Carmarthen

MINUTES OF THE MEETING OF THE DYFED-POWYS PROBATION BOARD
HELD AT CARMARTHEN ON 15 JANUARY 2008


PRESENT: Mr. Keith Turner (Chair), Mrs. Caroline Morgan (Chief Officer), Mr. Neil Bale, Mr. Ian Cripwell, H.H. Judge Christopher Morton, Mrs. Fiona Walder, Mrs. Ann Williams and Mr. Michael Williams

IN ATTENDANCE: Mrs. Elizabeth Bolton (Treasurer), Mr. Geoff Davies (Head of HR), Mrs. Jan Pearce (ACO), Ms. Harriet Ransome (Staff Observer) and Mr Richard Walters (Secretary)


52 – 2007/08 Apologies

Apologies for absence were received from Ms. Sarah Jenkins and Mr. Owen Watkin


53 – 2007/08 Declarations of Interest

There were no declarations of interest.


54 – 2007/08 Minutes of Board Meetings

.1 13 November 2007

The minutes of the meeting of 13 November 2007 were confirmed as a correct record, subject to one typographical error, and signed.

Matters Arising

.1 Matters Arising : Minutes of Board Meeting of 24 July (min. 41.2.1)

The position of justices on Probation Trusts had been clarified by the Senior Presiding Judge who in a letter dated 14 December 2007 had set out the view that it would not be necessary for judicial membership of Probation Trusts to cease until competitive tendering was introduced. Members welcomed the continuing attendance of members of the judiciary but noted that, there not being provision in the Offender Management Act 2007 for Trust membership by members of the judiciary, the status of the Lord Chancellor’s nominee required clarification.

.2 Special Probation Board Meeting : 18 December 2007

The minutes of the Special Board Meeting were approved as a correct record and signed.



Matters Arising

.1 Correspondence

It was confirmed that correspondence from a member unable to attend the Special Board meeting had been received and considered

.2 Item for Decision – Trust Status (min. 54)

Representations continued to secure the incorporation of the full, bilingual version of the Probation Trust’s name in Statutory Instruments. It was noted that the correct version of the name was 'Dyfed Powys Probation Trust Ymddiriedolaeth Prawf Dyfed Powys'


55 – 2007/08 Identification of Additional Items of Business

No matters were brought forward for consideration as urgent additional business.


56 – 2007/08 Committee Reports

.1 Performance and Resources Committee : 11 December 2007

In the unavoidable absence of the Committee Chair the report was presented by the Chief Officer.

.1 Unconfirmed Minutes

The meeting received the unconfirmed minutes of the Performance & Resources Committee meeting of 11 December 2007.

Resolved that the unconfirmed minutes be received

.2 Item for Decision

.1 Performance Management Framework Report

The meeting was advised that the Committee had given detailed consideration to the performance data and recommendations contained in the report on performance management for Quarter 2 of 2007/08. The report examined the Area’s achievements in meeting local and Service Level Agreement targets and recorded the Area’s achievement of the profiled target in nine of the twelve profiled performance-related targets and near misses in the remaining three targets. The Probation Board noted improvements in performance since receipt of the Quarter 1 report and endorsed the report’s recommendations for action.

Attention was drawn to the third Interventions and Offender Management Reports for 2007/08. It was noted that the Interventions Report presented details of generally satisfactory performance by partnership agencies. The action taken by the Chief Officer to re- allocate retained PAGS funding of £5,250 from the Trothwy Cyf Brecon Rich Way Project to Shelter for the purpose of training staff in housing advice had been endorsed by the Committee and was approved by the Board accordingly.
Although it was the Board’s wish to move when appropriate to longer- term contacts, it was agreed, given the anticipated level of resource allocation for 2008/09, that partnership agencies would be advised that partnership agreements would be extended for one year only from 1 April 2008 on 2007/08 funding levels (without an increase for inflation).

Staff were congratulated on the award to the four Areas in Wales of the Wales Quality Award Public Sector Prize for 2007. Receipt of a letter from the Director of Probation acknowledging the achievement of the four Areas was noted.

Resolved that:

.1 performance against profiled targets in the first half of 2007/08 be noted and the action points set out in the report approved;

.2 action to re-allocate PAGS funding be approved;

.3 the period of extension of partnership agreements from 1 April 2008 be restricted to one year.

.3 Items for Information

The meeting received for information two reports that had been given detailed consideration by the Committee.

.1 EFQM Self-Assessment Report for 2007

A written report provided details of the outcomes of the EFQM European Excellence Model Self-Assessment process for 2007. The report highlighted the main themes emanating from the process which had resulted in an Area score of 592 (an increase of 12% over the 2006 score of 528). The report set out the key strengths and areas for improvement which were to inform the business planning process for 2008/09.

It was noted with approval that performance during 2007 had sustained the sequence of annual improvement since the exercise had first been undertaken in 2001.

Resolved that the report be received and continued improved performance noted

.2 PSR Quality Audit Report for 2007

A written report provided details of the outcomes of the PSR Quality Audit Improvement Exercise conducted on 15 November 2007 which had resulted in an overall assessment of 91% of reports rated satisfactory or above. Improvement issues arising from the exercise were to be addressed during the final quarter of 2007/08.

Resolved that the report be received



.4 Chair’s oral report

The oral report made reference to the Committee’s receipt of the minutes of the 19 October 2007 meeting of the Communications Group and the setting of the 2008/09 calendar

Resolved that the oral report be received

.2 Audit Committee : 8 January 2008

.1 The meeting receive the unconfirmed minutes of the Audit Committee meeting of 8 January 2008.

Resolved that the unconfirmed minutes be received

.2 Chair’s oral report

The oral report made reference to:

i) receipt of a report on the work of the Business Risk Management Group meeting of 12 December 2007 and on-going work on the corporate risk register;

ii) a discussion on audit arrangements for 2008/09 et seq. and the agreement that a meeting of representatives of NOMS, the internal and external auditors, the DOMS and HM Probation would be held on 15 April 2008, immediately before the Committee’s next meeting, to discuss the scope, resource-use and costs of the various audit regimes, to identify savings and to seek ways of avoiding duplication and maximising value;

iii) receipt of three positive Internal Audit reports, on Payroll, Policy Implementation Assurance and Corporate Planning;

iv) the fixing of the calendar of meetings for 2008/09 which included provision for a meeting on Monday, 9 June 2008 at 2.00 p.m. which was to be followed by a meeting of the Probation Board to consider the 2007/08 Closure of Accounts and ISA 260 reports).

Resolved that the oral report be received

.3 Item of Decision

.1 External Audit Strategy 2007/08

On the recommendation of the Audit Committee, the meeting endorsed written proposals for the External Audit Strategy and fee for 2007/08.

Clarification was to be sought on the final version of the wording of Exhibit 3: Performance risks.

It was noted that the first meeting of the Audit Committee in 2008/09 was to review the Committee’s Terms of Reference and the skills

within current membership to ensure appropriate fit with the new Trust status.

Resolved that the External Audit Strategy for 2007/08 be approved


57 – 2007/08 Matters for Decision

.1 Policy Review : Maternity, Maternity Support, Adoption and Adoption Support Policy

A written report set out the revisions required to the Area’s Maternity, Maternity Support, Adoption and Adoption Support Policy to incorporate changes in maternity leave and maternity pay brought into effect by the Work and Families Act 2006.

It was noted that the expected probation circular advising on the implications of the 2006 Act had not been issued and that the Policy would be further reviewed in the light of any such circular. Clarification was to be sought on whether the ‘keeping in touch’ days that could be requested as additional maternity leave would attract full pay.

Resolved that the Area’s Maternity, Maternity Support, Adoption and Adoption Support Policy be revised to take account of the Work and Families Act 2006 and the Policy further reviewed within a period of there years.

.2 Policy Approval : Gender Equality Scheme

A written report presented for approval the final version of the proposed Gender Equality Scheme which had been the subject of wide consultation. The report gave assurance that the proposed Scheme satisfied statutory requirements, was comprehensive and contained a first-year action plan against which progress could be monitored and measured.

It was noted that the Scheme had been produced for a period of three years (from 1 April 2007) and was due for formal review in 2010.

Resolved that the Gender Equality Scheme be approved and reviewed no later than March 2010

.3 Arrangements for 2008/2009

The meeting approved meeting dates and committee membership for the business year 2008/09 subject to subsequent ratification by the Probation Trust Board. Details of current committee membership and links were attached to the Chief Officer’s report.

It was noted that the Performance & Resources Committee had set its dates as follows (all meetings to commence 10.00 a.m.):

Monday, 9 June 2008; Monday, 8 September 2008; Monday, 8 December 2008;
Monday, 9 March 2009;

and that the Audit Committee had set its dates as follows:

Tuesday, 15 April 2008 at 2.00 p.m. (to be preceded by a meeting to discuss the audit regime for 2008/09);
Monday, 9 June 2008 at 2.00 p.m. (to be followed by a meeting of the Probation Board to consider the Closure of Accounts and ISA 260 reports);
Monday, 6 October 2008 at 11.00 a.m.;
Tuesday, 13 January 2009 at 11.00 a.m.;
It was agreed that current committee membership and links would continue into 2008/09 subject to Mrs. Fiona Walder relinquishing membership of the Audit Committee in favour of membership of the Performance & Resources Committee and Mr. Michael Williams relinquishing membership of the Performance & Resources Committee in favour of membership of the Audit Committee. It was agreed further that the current arrangements for the chairing of committees would continue for 2008/09 and would be further reviewed for 2009/10.

The following dates for meetings of the Probation Trust Board were agreed, all meetings to commence at 10.00 a.m. unless otherwise stated:

Tuesday, 3 June 2008; Monday, 9 June at 3.00 p.m.; Tuesday, 22 July 2008; Monday, 22 September 2008; Tuesday, 11 November 2008, Tuesday, 20 January, 2009; Tuesday, 24 March 2009.


Resolved that meetings and committee membership for 2008/09 be agreed as set out above.


58 – 2007/08 Matters for Discussion

.1 Probation Trust Project Board

The meeting gave detailed consideration to a written report on the work of the Probation Trust Project Board and received for information the minutes of the Trust Project Board meetings of 9 November and 18 December. Members acknowledged the significant additional work being undertaken by the Chair, Chief Officer, officers and others in respect of the transition to Trust status. It was agreed that a matrix would be drawn up showing the cost of all additional work and that staff would be remunerated as appropriate in accordance with individual terms and conditions.

The report gave assurance that overall the project was proceeding smoothly and in accordance with the timetable. Attention was drawn to the most significant outstanding issues NOMS had to resolve to achieve successful transition on 1 April 2008 and the subsequent need for the Probation Trust to review all existing policies, procedures and strategies. The former included the requirement to finalise the contract and governance documents, to confirm details of staff and property transfer schemes and to achieve the satisfactory resolution of outstanding human resource issues (including issues regarding the appointment of Trust Board members and the appointment and terms and conditions of the Chief Executive).

Issues regarding the Trust’s name, branding and VAT position were noted.

It was noted that representatives of NOMS were due to visit the Area on 8 February 2008 to conduct a readiness assessment and a governance gap analysis; assurance was given that the outcomes of the assessment and gap analysis would be satisfactory. The meeting approved the intention of officers to conduct a ‘walk-though’ of the contract and governance documents during the early weeks of the 2008/09 business year.

Resolved that:

.1 the report be received and the approach taken by the Project Board approved;

.2 staff be remunerated for additional work arising from the transition to Trust status in accordance with individual terms and conditions

.2 Service Design Review

The Chief Officer presented an oral report on progress in the implementation of the Service Design Review and on the requirement to give early consideration to the staffing effects of the 2008/09 resource allocation. It was agreed that resource allocation and further review of service design would be significant items for consideration at the forthcoming Board Away-Day.

Resolved that the oral report be received


59 – 2007/08 Report of the Chief Officer

The Chief Officer presented her written report and oral update thereon. Appendices to the report presented:

Probation Change Programme Briefing - December 2007;
Dyfed-Powys Probation Area Business Plan 2007/08 – Half-Year Review;
Dyfed-Powys Probation Area Key Performance Results 2001/07 and 2007/08
Probation Board Committees and Links 2003/08;
NOMS Wales Commissioning and Business Plan 2008-09: Consultation Paper and Chief Officer’s response;
NOMS Integrated Probation Performance Framework – Quarter 2 2007/08, version 2;
Dyfed-Powys Probation Area Offender Management Inspection documentation:
i) Key names, dates and processes
ii) Standard Area Model Scheme
iii) Criteria – Phase 2, March 2007
Dyfed-Powys Probation Area Policy Tracker version 24

Resolved that the report and oral update be received


60 – 2007/08 Reports of Officers

.1 Treasurer and Assistant Chief Officer (Support Services)

.1 Budget Monitoring Report 2007/08

A written report provided at Annex A an update on the overall budgetary position for the period 1st April 2007 to 31st December 2007 and a forecast to 31st March 2008. Members were advised that since the report had been written notification had been received of the allocation of an additional £3k to cover the cost of Phase III of Offender Management for the three months from January 2008 to March 2008 and of an error by NOMS in the non-payment of contributions to Chief Officers’ pension fund with a potential cost to the Area of some £75k.

Although overspend on the operation for 2007/08 was anticipated of some £10,250 at year end, it was reported that additional income and an underspend on staff-related matters (relating to provision of £64,000 carried forward from 2006/2007 for outstanding Job Evaluation Appeals and an employee-related case) would result in an anticipated underspend overall of £37,750 (excluding the affect of the pensions’ error). It was acknowledged that it would be necessary for the Area to continue with its robust approach to financial monitoring to achieve the projected savings and the planned underspend position at year-end.

As endorsed by the Performance & Resources Committee, the Board approved the proposal to enter £37,750 into the Budget Exchange Scheme to support the 2008/2009 budget allocation.

Annex B presented the Trust Transition Expenditure Report which provided expenditure and forecast year-end position against the £50,000 allocation. The meeting noted that the allocation was anticipated to be spent in full and that discussions continued with NOMS to secure appropriate recompense for staff and members who had undertaken significant additional work in preparation for Trust status.

Resolved that:

.1 the report be received and the financial position noted;

.2 the recommendation to enter the Budget Exchange Scheme be approved

.2 Resource Allocation 2008/09

A written report provided details of the first budget release of indicative budgets for 2008–2009. Members were advised that the indicative budget had been released for planning purposes only to enable Service Level Agreement and Probation Trust Contract negotiations for 2008-09 to proceed.

The meeting noted with concern that the Area’s indicative budget allocation provided a shortfall of £440,880 for 2008/2009 against current allocation with a base budget of £7,439,000 and a total grant of £8,317,000. It was agreed that urgent representations would be made to NOMS on the deleterious consequences of the indicative settlement on the Area’s performance.

Resolved that the report be received

.2 Secretary

.1 Schedule of Correspondence

The Secretary presented the Schedule of Correspondence and an oral report on business received since the last meeting.

Resolved that the Schedule of Correspondence be received


61 – 2007/08 Chair’s Announcements

The meeting received the Chair’s written announcements of meetings and events attended since the last Board meeting.

Resolved that Chair’s Announcements be received

62 – 2007/08 Matters for Information

There were no matters for receipt under this standing item

63 – 2007/08 Any Other Business

There were no items of additional business

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