On 26 February 2015, the then Secretary of State for Communities and Local Government and the then Secretary of State for Education exercised their intervention powers as Rotherham Metropolitan Borough Council was failing to comply with its best value duty. They made this decision having considered the report of the inspection by Dame Louise Casey CB and advice note from Sir Michael Wilshaw (then Her Majesty’s chief inspector of education, children’s services and skills). Due to the extent and the gravity of the failings in the council, the then Secretaries of State decided that the intervention should be broad and wide ranging. They directed that commissioners should exercise all executive functions of the authority, as well as some non-executive ones, including licensing, until the council could exercise them in compliance with its best value duty. A team of commissioners was appointed to exercise these functions.
On the basis of robust evidence of sustainable improvements and confidence that the council was able to exercise certain functions in compliance with the best value duty, functions have been returned to the council on three separate occasions—11 February 2016, 13 December 2016 and 21 March 2017. I am pleased now to be able to report on further progress made.
In her 18 May 2017 progress report, lead commissioner Mary Ney provided robust evidence to support her recommendation for performance management, human resources (HR), community safety, asset management and waste collection to be returned to the council. She proposed that the council would be required to follow any written recommendations made by the commissioners in relation to any Cabinet decision on services related to domestic abuse services and HR appeals. The latter is time limited. In all other areas, the council must have regard to any formal advice provided to them by the relevant commissioner, and if the formal advice is not followed, written reasons must be provided.
Today, my officials have written to the council to say that I am now “minded to” return these service areas to the council but will seek representations before making a final decision. I am placing a copy of the documents associated with these announcements in the Library of the House and on my Department’s website.
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