Agenda item
Memorial Safety Programme
- Meeting of Cabinet, Tuesday, 20th January 2009 10.00 a.m. (Item 124.)
- View the background to item 124.
(Cabinet Member with Special Responsibility Councillor Kerr)
Report of Corporate Director (Community Services).
Minutes:
(Cabinet Member with Special Responsibility Councillor Kerr)
The Corporate Director (Community Services) submitted a report informing Cabinet of the options for the future of the Council’s Memorial Safety Programme.
The options, options analysis, including risk assessment, were set out in the report as follows:
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Options |
Advantages |
Disadvantages |
Risk Assessment |
Financial |
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1 |
To make the Memorial Safety Team (reduced to 2 posts), permanent. |
Retains expertise to allow: § Implementation of rolling testing programme. § Ability to repair unsafe and vandalised memorials. § Ability to monitor work of private masons to ensure future compliance with standards. § Provide the necessary operational resources to deliver essential services required at the time of burial. § To carry out permanent repair to previously staked and banded memorials. § Provides extra resilience for business continuity in the event of a major incident.
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§ Ongoing revenue costs as outlined in financial implications section. § One post made redundant
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Ensures Council is complying with legal responsibilities and cemeteries good management. |
§ 2-man team including equipment, tools and vehicle approximately £55k/year. § In 2009/10 up to £6,000 redundancy costs required
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Options |
Advantages |
Disadvantages |
Risk Assessment |
Financial |
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2 |
To cease the Memorial Safety Programme. |
§ Approved budget of £55K in 2009/10 would result in savings to the Council minus redundancy costs.
Approximate saving of £45K |
§ Council will be failing it its statutory duties under Health & Safety at Work Act 1974 and Owner Occupiers Liability responsibilities. § No testing programme in place. The Council would run the risk of being found guilty of maladministration should a complaint be made. § Closed churchyards not tested yet.. § Council will not be following established guidance. § Temporarily staked and banded memorials left indefinitely and thereby will present an ever increasing risk as time elapses. § Unable to monitor work of private masons.
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§ Could lead to bad PR for Service and Council § Potential for unsafe memorials. § No defence in future litigation or claims following an accident, as recognised by Cemeteries Internal Audit Report dated 21 September 2007. § Council risks prosecution under Health & Safety and/or Corporate Manslaughter legislation. |
Redundancy costs estimated as follows: § Costs for enhanced package = £9,799.83 § Costs for statutory package = £6,584.44
All employees with more than 2 years service are entitled, in the appropriate circumstances, to redundancy payments. |
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Options |
Advantages |
Disadvantages |
Risk Assessment |
Financial |
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2 Cont. |
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§ Cemeteries team’s operational flexibility will be lost leading to reduced service delivery. |
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3 |
Support a memorial safety programme using an external contractor |
§ Testing programme would be carried out quicker. § Opportunity for Council to assess benefits of using external contractors/ partnership working to deliver part of service. |
§ Would need to engage each year to carry out testing. Also need to engage contractor to carry out any temporary re-fix. § Much more expensive than in house team option. |
§ Would need to take up references re competency. § Less control over contractor costs leading to increased cost of test and repair programme. |
Cost of permanently repairing unsafe memorials and carrying out testing using an external contractor is approximately 40% more expensive than an in-house team. |
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4 |
To retain the Memorial Safety Team (reduced to 2 posts) for a further 12 months until 31 March 2010 subject to a review of the Memorial Safety Programme for future years. |
§ Uses the budget already approved for 2009/10 and does not commit the Council to further costs. § Enables testing programme to be implemented including closed churchyards. § A limited amount of repair work could be undertaken. |
§ Delays decision on long term future of temporarily staked and banded memorials and testing programme for future years. |
§ Protects Council’s interests re testing programme for further 12 months. |
£55K approved for 2009/10 and is sufficient for a further 12 months. |
Option 1 is the officer preferred option, recommended for approval.
This option is recommended based on the operational experience gained over the last 2½ years and being the most cost effective way of delivering the memorial safety programme to ensure the Council meets its legal obligations
Option 2 is not recommended and has only been included in the report at the request of Members following the Star Chamber budget exercise.
Option 4 is a “stop gap” measure which would allow continuation of the Memorial Safety Programme and protect the Council’s legal responsibilities for a further 12 months.
It was moved by Councillor Mace and seconded by Councillor Charles:-
“(1) That Cabinet support an in-house memorial safety team and that a further report be requested for the next Cabinet meeting on setting up a programme of work for the safety team equivalent to 2-3 days per week over the year on memorial safety work, and for the rest of the time to be spent on grounds maintenance.”
By way of amendment, which was accepted as a friendly amendment by the mover and seconder of the original proposition, Councillor Barry proposed and Councillor Burns seconded:
“(2) That a further report be requested on options regarding the laying down of gravestones not repaired by owners.”
Members then voted as follows:-
Resolved unanimously:
(1) That Cabinet support an in-house memorial safety team and that a further report be requested for the next Cabinet meeting on setting up a programme of work for the safety team equivalent to 2-3 days per week over the year on memorial safety work, and for the rest of the time to be spent on grounds maintenance.
(2) That a further report be requested on options regarding the laying down of gravestones not repaired by owners.
Officers responsible for effecting the decision:
Corporate Director (Community Services)
Head of Health and Strategic Housing
Reasons for making the decision:
The decision will ensure that the Council can comply with its legal responsibilities and be able to deliver an effective burial service to the public.
Supporting documents:
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