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AGENDA ITEM 2

THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA


TENANT MANAGEMENT ORGANISATION

TMO Board

Meeting held on 22nd July 2010

Present: Mr Reg Kerr-Bell, Borough wide Board Member (Chair)


Mrs Sylvia Collet, Borough wide Board Member
Mrs Celine Green, Borough wide Board Member
Ms Kathy Harris, Borough wide Board Member
Mr Iain Smith, Borough wide Board Member
Mr Roy Turner, Borough wide Board Member
Mr Tony Ward, Borough wide Board Member
Councillor Maighread Condon-Simmonds, Council appointed Board
Member
Ms Rona Nicholson, Council appointed Board Member
Mr Jeff Zitron, Council appointed Board Member
Mr Peter Chapman, Appointed Board Member
Mr Jon Dee, Appointed Board Member

In Attendance: Mr Robert Black, Chief Executive


Ms Yvonne Birch, Head of Strategy and Engagement
Ms Catherine Hardy-Smith, Interim Company Secretary
Ms Sacha Jevans, Director of Customer Services
Mr Anthony Parkes, Director of Financial Services
Ms Lornette Pemberton, Head of People and Organisational
Development
Mr Richard Reger, Company Secretary
Ms Jane Clifton, Executive Office Manager

Apologies: Ms Fay Edwards, Borough wide Board Member


Councillor Emma Dent Coad, Council appointed Board Member

Action by
1. Declarations of interest

There were no declarations of interest.

2. Minutes of meeting held on 17 June

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The minutes of the meeting held on 17 June were agreed and
signed as a correct record.

3. Matters Arising

3.1 Standards and Ethics Committee - it was queried when a


date would be set for a re-convened meeting. The Chief Executive
confirmed that Catherine Hardy-Smith, the new Interim Company CHS
Secretary, would arrange a date within the next two weeks.

4. TMO Company Financial Statements for year ended 31 March


2010

Anthony Parkes made a presentation on the TMO Company


Financial Statements for the year ended 31 March 2010, which
covered the following areas:

annual budget - 46k deficit, including 634k of


unidentified savings. Deficit was 422k before the tax
credit, and 42k afterwards as the tax credit had been used
to cover some costs
savings in year were 269k on management accounts,
113k on breach notice costs, and 57k on FRS 17 pension
costs. Total savings in year were 427k.
operating profit had been 191k against 697k the previous
year. The variance was due to re-organisation of Executive
Team and senior management; breach notice costs; loss of
income from low interest rates; overlap of costs for new
offices and Charles House. The figures had also been
adjusted to include Lancaster West expenditure and income
following the change to the TMOs tax status, we had
received a tax credit of 481k, but we were still paying tax
on transactions that were not with RBKC. The total tax
charge was 44k for these transactions with CAS
customers and other RSLs
FRS17 position had already been brought to the Boards
attention. Costs had gone up by 10m because of the
reduction in the value of bond yields, which was affecting all
local authorities. The Finance and Audit Committee had
asked about the long term liability for the directors, and the
auditors had confirmed the TMO was a going concern as
the company was only liable for that years costs. In
addition, if the TMO had to close down, under the terms of
the management agreement, the staff would be TUPEd AP
back to the Council, which would include the pension
liability. The Council also had to provide the TMO with
sufficient money to continue as a going concern. More
detailed legal advice would be circulated to the Board
including any changes required by the government.
Fixed assets had increased by 417k due to investment in

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the new offices, Keystone and other projects
Debts had increased by 334k, but on 31 March, the TMO
had invoiced the Council on LVT costs, SLAs etc., which
could not have been done earlier.
Cash in bank had decreased by 961k due to investment in
fixed assets, but there was sufficient funds.
Reconciliation to management accounts - profit was 70k
less taxation of 44k, the FRS 17 pension adjustment, and
pension cost accrual, which resulted in an adjusted
management accounts deficit of 41k, and a financial
statements deficit of 42k.
Details of assurance on the directors report and financial
statements were given in preparation for the signing of the
accounts. Copies of letters from the directors to the Board,
the letter of support from the Council to Baker Tilly, and the
letter from the TMO Chair and Chair of Finance and Audit
Committee to Baker Tilly were circulated. The audit reports
had been discussed by the Finance and Audit Committee,
and the external auditors had attended the last committee
meeting when the financial statements had been presented,
and spent 10 15 minutes with committee members without
staff present.

Thanks were given for the presentation, and the following


comments were made:

The small difference between the management accounts


and final accounts reflected the high level of financial
control. 10k had been the only audit adjustment
Following the request made at the Finance and Audit
Committee, it was asked that a copy of the solicitors letter AP
be provided concerning the directors liability for any
pension fund shortfall under the terms of the management
agreement, and this would be done. Any changes to the
pension fund in the next few months would also be taken
into consideration.
It was asked at what level would the cash balance be a
cause for concern. The current level of the cash balance
would provide a cushion for approximately six weeks, which
would only be a cause for concern if no income was coming LP
in, and the cash balance continued to decline.
It was asked whether the review of complaints was still on
track. Confirmation was given that a report would be going
to the next Operations Committee in September.
An update was requested on the appointment of a third
independent Board member. The Chief Executive
confirmed that a candidate had recently forwarded her CV,
and it was recommended that an appointments panel be
convened to interview her. Another applicant had turned
the role down because of the time commitment involved.
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Board members asked to be advised of details of the CHS
recruitment process, so they could encourage people to
apply. The Chief Executive explained that there had been
no response to an advert in the Times, but this applicant
had responded to a standing advert on the NFA website. It
was hoped to recruit someone with a housing management
background. Catherine Hardy-Smith would provide further
details of the recruitment process.
Although work was being done jointly by the TMO with the
Council on management funding for 2011/12, a tight
financial position was expected, and the TMO may have to
undergo large financial cuts which would impact on
services. However, a significant saving of 2m had been
made on the redecorations programme this year by
identifying savings on procurement, and deferring some
works to next year.

Sylvia Collet, Chair of the Finance and Audit Committee,


presented the recommendations to the Board. The Board
approved the Letter of Representation, and it was signed. The
Financial Statements for the year ended 31 March 2010 and
the Letter of Representation were approved and signed by the
Chair of the Board and the Chair of the Finance and Audit
Committee.

5. Performance Management Report April June 2010

Yvonne Birch presented the performance report for the first quarter
of 2010/11, April June:

Responsive repairs - additional information for June was


given to the Board: emergency jobs completed on time
(95.4%); urgent jobs completed on time (86.8%); routine
jobs completed on time (91.1%). The data from Morrisons
on the decrease in the figure for urgent jobs had been
established as correct data, but the reason for jobs not
being completed on time was due to the high level of jobs
categorised as urgent which had been 40%, which was
double the target of 20%. It was expected that this figure
would be reduced by September.
Concern was expressed about the current level of
Morrisons performance, and it was asked whether they
were getting more urgent jobs i.e. were routine jobs
escalating to urgent jobs because they were not being dealt
with in the first instance? However, there had been issues
with the allocation of categories to jobs by call centre staff LP/SJ
who were trying to help customers. It was agreed that
some guidance be included in the next edition of TMO Link
for residents on definitions for repairs, and the time frames.
In the meantime, efforts would be made to reduce the level

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of urgent jobs to 20%.
The lack of data on post inspection failure rates was
queried, and clarification was given that it was taking some
time to obtain this data. The standard was below
expectations, and there would be financial penalties on the
contract. It was acknowledged that there was a lot of work SJ
to do on performance for this contract, and issues were
being addressed through regular contract meetings.
Concern was expressed that operatives were being sent to
jobs whose standard was that of a handyman. It was asked
whether it would be best to appoint another contractor as
there had been concerns with Morrisons from the beginning
of the contract. However, this option was not practicable,
and the best approach was to work through the issues with
them. The contract was also due to be audited by Internal
Audit in quarter three, and performance for June had
already shown improvement. The strategy would be to
improve performance, and build up confidence in the
contract. The Board were urged to give the contract time to
settle down.
It was accepted that although performance had been
disappointing, the best way forward was to continue to
apply pressure to make the contract work. It was suggested
that a small delegation of Board members meet Morrisons
chairman. It was also thought that the manager responsible SJ/JC
for the contract should be present. Morrisons would also
be reminded of their promises to the Board at the start of
the contract.
Clarification was given that satisfaction data for repair jobs
was collected via hand helds, and also through telephone/
paper surveys. In June, 800 repairs were done, and 385
had been asked whether they were satisfied, of which over
50% refused to answer. Of the remainder (165), 96% had
expressed satisfaction with the repair. Because of the high
percentage of jobs where this data was not available, it
would not be formally reported until staff were satisfied with
the data. It was commented that it was not good practice
for operatives to be asking the satisfaction question,
although data collected over the phone was acceptable.
However, the hand held technology was part of the contract, SJ/YB
and it was hoped to obtain opti-time feedback after the
operative had left in support of the data.
Confirmation was given that there had already been staffing
changes on the contract at a senior level, and these new
staff needed to be given the opportunity to improve
performance.
It was thought that quality assurance should be done by the SJ
TMO rather than Morrisons, and a percentage could be
done by the call centre when Ajoke Bada, the new Assistant
Director, Customer Contact & Access, had settled into her

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role
There was still some concern that these issues had not
been sorted out at the start of the contract. Reports were
also being received that some operatives were not using
PDAs. SJ
It was asked that the proposal to set up a monitoring group
for the contract go ahead, and Sacha Jevans would take
this forward. It was also asked whether there was a user
group for all organisations using Morrisons which the TMO
could attend, so we could learn from others approaches to
problems.
It was asked whether there were any staffing issues in
connection with the contract. However, the TUPE process
had now been completed, so performance management in
line with Morrisons ethos could now commence.

Call centre - there had been concerns since April about


the high percentage of calls lost, and faults with the SJ
software had been identified. Work was currently being
carried out to resolve the problem.

Voids - it was noted that Morrisons had been improving


performance on voids since December 2009. It was asked
whether officers were happy with the statement concerning
voids performance at the bottom of page 3 of the Directors YB
report, and this would be checked. The Board were advised
that there had been a problem in April with the Home
Connections website for five days, which had affected
overall void performance. In addition the sign up process
for applicants was working much better in partnership with
RBKC i.e. previously a high number of people had not
turned up for viewings, and as a result automated viewings
had been stopped. With the improvement on both letting
times and the void turnaround by Morrisons, it was hoped
to achieve an average of 28 days. There was some
concern about people being given only 24 hours to move,
but because of the pressure to improve performance, this
could not be avoided. It was also suggested that more work
be done to match people to type of property.

Leasehold - congratulations were given for the improved


performance, and steady progress in this area.

The Board noted the digest of the TMOs performance for


April June 2010, the first quarter of 2010/11.

6. Business Plan monitoring report April June 2010

Yvonne Birch presented the first progress report on meeting the


Business Plan strategic priorities. The level of progress was

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indicated by the colour of the shading i.e. green, amber.

The Board made the following comments:

Progress was queried on the IT strategy (page 8).


Following the replacement of the Head of ICT, a consultant
had been appointed to provide support on the development
of a strategy for the next five years, which would be
presented to the Board.
The parking pilot (page 7) was raised which had been
reported to Operations Committee. It was thought that the
proposals were controversial i.e. proposals for commercial
parking areas when residents were already paying for these
through their service charges. It was agreed that better use
should be made of available car parking spaces, but there
was concern about commercial rates being introduced. In
addition, there were waiting lists for parking on some
estates. Residents views would be considered as part of
the pilot. The background to the proposals was the need to
increase income for the HRA, as part of the stock options
work being done with RBKC. The Boards concerns could
be reported to the Cabinet Working Group meeting on 28 RB/YB
July.
Customer satisfaction (page 2) was raised, and the Board
were advised that following the change in government, the
status survey had been postponed, which had caused a
problem. If we carried out the survey ourselves, the costs
would have to be covered. However, a door knocking
exercise for all residents was being considered which would
take place over August into the autumn, and the data would
be processed through TP Tracker. The timing of this
exercise was queried as many people could be away on
holiday, although the door knocking would continue
throughout September. In addition to improving our YB
satisfaction rating, it would fulfil a TSA requirement to
engage with residents.

The Board noted the progress on the Business Plan


objectives at the end of Quarter 1 towards meeting the
Business Plan strategic priorities.

7. Annual General Meeting arrangements

Following the presentation to the last meeting, it was now


recommended that the AGM be held on 21 September (later
changed to Wednesday, 22 September) at the Town Hall.
Combining the AGM with a residents conference had been
discussed at the Area Review Board meetings and the Residents
Engagement Committee, but it had been decided that there was
insufficient time to organise a joint event. At present, it was

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planned to organise a conference later in the year on TSA
requirements following the borough wide door knocking
consultation exercise. It was queried whether the Board would
have sight of the local offer before it was presented to the TSA.
Confirmation was given that there would be consultation on the
report with the Resident Engagement Committee which would be
meeting during August. It was recognised that the Council would
present the report to the TSA. YB

Catherine Hardy-Smith was introduced to the Board as the Interim


Company Secretary, and thanks were given to Richard Reger for
all his hard work over the past year. A query about the timing of
Board member elections was referred to Catherine Hardy-Smith to
resolve outside the meeting. The Board approved the CHS
recommendation that the AGM be held on Tuesday, 21
September, at 7.00 pm at the Town Hall (later amended to
Wednesday, 22 September).

8. Committee Terms of Reference

The Board considered a review of the terms of reference for the


Boards committees. The way forward was considered as there
were further amendments to be made i.e. clarification on the
quorate for the Operations Committee. All outstanding issues
would be discussed by Catherine Hardy-Smith with the committee.

In general, it was thought that there were too many Board and
committee meetings for the size of the organisation in comparison
with other RSLs. It was proposed that the Operations Committee
meet quarterly and concentrate on performance and operations
issues, and business planning be done by the Board. CHS

As there were differing views about the frequency of meetings, it


was proposed that there be a more fundamental review of the
governance structure. The Board agreed to defer a decision on
the revised terms of reference for committees, and that the
Interim Company Secretary undertake a fundamental review
of the governance arrangements.

9. Meeting dates for 2011

Catherine Hardy-Smith would circulate the revised dates for Board


and committee meetings in 2011 following a review of the
committee cycle in conjunction with the Council diary for 2011. CHS

10 Appointment of Company Secretary

The Board formally agreed the appointment of Catherine


Hardy-Smith as Interim Company Secretary from 23 July until
a permanent appointment was made. CHS

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11 Reports from committees

The Board noted the draft minutes of the Finance and Audit
Committee for 9 June. Minutes for the meeting of the Operations
Committee on 12 July, and Finance and Audit Committee for 7
July would be circulated in due course. Notes of the Resident
Engagement Committee which met on 29th June for its inaugural CHS
meeting would also be circulated shortly.

12 Board forward plan

The Board noted the forward plan for the next quarter.

13 Current TMO position on fire risk assessments

The Board noted an update on progress made on fire risk


assessments. It was asked that officers be congratulated on the
work done in this area. Confirmation was given that a further
report would be brought back to Board.

14 Any other business

14.1 OCS - the industrial action at Worlds End was raised, and
clarification was given that it was an HR matter for the company.
The TMOs only concern was that OCS continue to provide a
service under the terms of the contract.

14.2 Contact numbers for TMO staff - Councillor Condon-


Simmonds asked for contact details for staff, and these would be
provided. RB/CHS

14.3 Visits to residents - a reminder would be given to staff and


contractors that when arranging follow up visits that it is good
practice to give the tenant the name of the person coming in SJ
writing.

14.4 Governance timetable - concern was expressed that there


appeared to be no firm timetable for the revision of the
Memorandum and Articles; restructuring of Board and committee
meetings; and election dates. Confirmation was given that this CHS
would be provided.

The Board would also be formally advised that the away day
scheduled for 15 September would be deferred until November. CHS

14.5 Organisational changes - a request was made for changes


to the organisational structure to be circulated, and this would be
done. CHS

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15 Date of next meeting

The next meeting of the TMO Board would be held on Thursday,


30th September.

RB/JDC
3.8.10

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AGENDA ITEM 4

THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA


TENANT MANAGEMENT ORGANISATION LIMITED

Open

For information

TMO Board 30th September 2010

Report title: Budget monitoring April-August 2010

Authority for decision: The Board has overall responsibility of


monitoring the outturns against the annual
budget.

Recommendations:
The Board note the report.

Regulatory/legal requirements: The Board have legal responsibility of


ensuring the organisations resources are used
in accordance with the budget and business
plan.

Business Plan link: Being competitive and increasing our income

Equality Impact Assessment/comment:


None required

Resident consultation: None required.

Resource implications/VFM statement: This is the subject of the report.

Risk: The forecast overspend of 100k may not be


brought back into line with the budget by year
end

Appendices: 1

Total number of pages including 18


appendices:

11
Name, position and contact details of Anthony Parkes
author: Director of Financial Services

THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA


TENANT MANAGEMENT ORGANISATION LIMITED

TMO BOARD 23rd September 2010

REPORT BY THE DIRECTOR OF FINANCIAL SERVICES

BUDGET MONITORING 2010/11


(PERIOD 5 August 2010)

1. Purpose of the Report

1.1 The purpose of this report is to advise the TMO Board of the financial position of the
TMO Company Budgets and the HRA Managed Budgets for 2010/11 based on the budget
monitoring for August 2010.
FOR INFORMATION

2. Introduction
The TMO Company budgets reported in this paper are based on the 2010/11 company
budgets. This report includes the financial position of the Lancaster West Estate.

3. TMO Company Budgets

3.1 TMO excluding Lancaster West - Forecast (113k) deficit against a budget of 35k
surplus.

To date, there is a deficit of (133k) against a budget to date of 15k surplus.

This variance is partly due to the accounting treatment of the rent free periods in
respect of the new office accommodation costs which the TMO expected to be
included in the 2010/11. Following an agreement with the auditors for the 2009/10
accounts, the benefit of the rent free period on the new offices is to be spread over the
10 year life of the leases.

Management fee income of 146k has been carried over from 09-10 to partly offset
the office move and EDMS costs, as detailed further in the finance division section
below.

Lancaster West: Lancaster West has a forecast deficit of (115k) against a budget of
(15k). As reported in July, it is expected that the TMO will draw down on the
Lancaster West reserves held in the HRA at the year end to bring this back to a break
even position.

The effect of this is shown below:

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Original
Budget Forecast Variance
Description k k k
TMO Company
35 (113) (148)
Lancaster West (15) (115) (130)
Operational results 20 (211) (4)
Transfer from Lancaster West 15 115 100
Reserves
Consolidated results 35 (113) (148)

The management team are further reviewing staffing and costs to bring the forecast
for the year to breakeven.

Specific departmental variances noted are commented upon individually below:

3.2 CEO Forecast to be 19k under budget

There is an under spend in actual to date in people costs of 53k. However these
savings will be needed to fund the change in the staffing due the recent departure of
the Company Secretary position which is currently being filled by using an Interim.
The final PRP payments were made in September and this will bring the costs into
line with budget.

There is a 13k under spend to date on establishment costs. This is relates to AGM
costs which is forecast to be spent in September.

3.3 Customer Services- Forecast to be 39k under budget

CAS income is forecast to increase by 23k this year, reflecting a number of new
clients joining the service. A number of services are being reviewed by RBKC and
thus there may be an impact on the funding which will be reflected in the future
months as the position becomes clear.

People costs are currently forecast to be under spent by 41k. This attributable to a
number of posts being filled with agency staff rather than permanent employees. A
number of posts in this division are currently being recruited to, which when filled is
expected to bring the forecast in line with budget.

Establishment costs are forecast to be (22k) overspent. This is attributable to the cost
of the fraud investigator post being funded by TMO and RBK&C on an annual rolling
basis and was not a part of the current year budget.

Service Delivery costs are forecast to be (10k) overspent, and the actual costs are
(116k) over spent to date. This is mainly due to overspends in legal costs. The debt
continues to be collected which has a direct impact on these costs.

3.4 People and Organisational Development- Forecast to be (19k) over spent

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Service delivery costs are forecast to be (25k) over budget, due to office cleaning
across the TMO offices managed within the Facilities department. These costs were
not included in the budgets as it was expected that they would be included in the
service charge as part of the negotiations for the new office premises.

The support costs are forecast to be 5k under budget. The actual costs are (29k)
over budget due to a training programme run across the company in the early months
of the year which has now been completed, The costs for the full year are expected to
be in line with budget.

3.5 Financial Services- Forecast to be (126k) over spent

Other Income is forecast to be 160k over budget due to the carry over of the support
provided for office relocation and EDMS costs from last year. This income is offset
by the costs reflected in the Establishment costs below.

Establishment costs are forecast to be over spent by (368k). 160k of this represents
the costs of the office move and EDMS costs noted above. The remaining over spend
is due to accounting treatment of the rent free periods for the new offices and the final
quarter changes for the old offices at Charles House.

4.6 Strategy and Engagement- Forecast to be (61k) over spent

The strategy and engagement division is over spent in people costs which are
attributable to the appointment of the new Head of Strategy and Engagement as a part
of the organisation of the department. The TMO is in the consultation period with
staff over the new structures. The financial implications have not been taken into the
forecasts.

4.7 Lancaster West- Forecast to be (100k) over spent

The over spend in Lancaster West is in people costs. This is a consequence of the
employment of an interim manager during the suspension/illness and redundancy of
the outgoing Area Manager.

There have been reductions in people costs in Lancaster West in August, which is
reflected in the reduced forecast. However, a plan for the reorganisation of the
management of this estate is under consideration with RBKC. This will reduce costs
substantially in the future. The overspend has been agreed to be funded by the
reserves of Lancaster West held in the HRA and thus having nil impact on the final
overall position for TMO.

5 Balance Sheet on 31st August 2010

5.1 Fixed Assets- Increase of 312k. This is attributable to the capital investment
associated with the EDMS and Office move projects.

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5.2 Trade debtors Reduction of 186k. This reflects increased CAS income collection in
2010/11.

5.3 Cash at bank & creditors a decrease of 855k. This is due to payments made in
respect capital projects which are a part of the fixed assets and the timing of the final
payment run in the month.
5.4 Trade creditorsReduction of 112k. This reflects the timing of the payment run for
the month.

5.5 Defined benefit pension scheme liability The value is based on the FRS17 report
dated 31st March 2010.

6. HRA Managed Budgets (Revenue)

Summary

The annual forecast is a Net Income of 27.65million against the original budget of
27.03million. This represents a projected under-spend of 617k or 2%. This
variation to the forecast against the budget for 2010/11 is explained below:

6.1 Income:

6.1.1 Dwelling Rents: Full years forecast income is expected to decrease by 63k due to
higher void levels. CLG rents void allowance is 0.5% while actual average to the end
of August 2010 is 0.96%

6.1.2 Leaseholder Service Charges:


The forecast is a decrease of 36k as a result of the reduction in spends on
redecoration programme of 41k, the removal from the programme of 81k for
Worlds End Security works which is offset by additional projects totalling 86k.

6.1.3 Commercial Property Rent Income:


There is an anticipated reduction in forecast of Transfer rents income by 75k. Some
RBKC departments have vacated the Little House and Greaves Tower and FCS are
proposing to move out of Grenfell Tower in November 2010.

6.2 Expenditure:

6.2.1 Planned Maintenance:


This is forecast to be under-spent by 663k. The works cost for planned maintenance
on external decorations was reduced in line with the revised schedule of works.

6.2.2 Responsive Maintenance:


This is forecast to be under-spent by 66k in the year as a result of an under-spend of
14k on Lancaster West Health and safety budget and additional savings of 52k
forecast to be made on communal heating.

6.2.3 Electricity Heating and Hot Water:

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Actual expenditure on Electricity Heating and Hot Water is in credit as at the
reporting date as a result of accruals made in the year end for anticipated expenditure.
There is an on-going liaison with British Gas to rectify billing errors and to raise
backdated billings previously omitted on some sites. When these bills are finally
received it will clear the accruals in the accounts. This was also previously reported in
July 2010.

6.2.4 General Management: This is forecast to be overspent by 18k due to compensation


payments not budgeted for in the year, and various other smaller variances.

6.2.5 Area Revenue Works: Forecast spends of 331k against budget of 200k. This
assumes the completion of the projects approved by the ARB and the use of the
outstanding reserves brought forward of 131k.

6.3 Transfer to and from Reserves:

A total transfer from reserves is needed for the amount of 233k. The sum of 102 of
the total amount is forecast to be taken from Lancaster West Reserves to cover the
anticipated overspend on the company for Lancaster West in 2010-11. The increase in
overspend is attributed to the staffing costs which include redundancy payment made
under a compromise agreement which is subject to a confidentiality agreement. An
additional 131k is forecast to be taken from the ARW reserves to fund the projects
committed by the Area Revenue Boards in the current financial year. This was
previously reported in July 2010.

7. HRA Managed Budgets (Capital Programme)

The Capital Bid agreed last year for 2010-11 is 8,301,000. The current forecast
stands at 8,267,489 with a number of changes occurring in the current year as
projects have been updated, partly caused by slippage from 2009-10 and re-evaluation
of schemes in the capital bid.

8. Debt

8.1 Tenant Debt There is an increase in the tenant debt balance by about 14k by
August since the year ending on 31st of March 2010. The collection rates are
improving overall, however the timing of the weekly rent debits and housing benefit
receipts have an impact on the figures reported to the board.

8.2 Leaseholder Service Charges and Major Works A quarterly charge has been made
in June for the quarter beginning 25th June to 24th September. The Debt has decreased
by 557k from 31st of March 2010 by the month of August for Leasehold Service

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Charges, as the quarter charges from 25th June are being charged to the accounts. It is
expected that the service charge debt will continue to fall for this accounting year.

The service charge final accounts for 31st March 2010 have been approved by RBKC
and printed. They will be distributed on Monday 27th September, within the deadlines.

The Major Works debt has also decreased by 668k from 31st of March 2010 by
August after the quarterly charges and the receipts in the period which shows the
issued invoices are getting paid and LVT decisions taken towards the end of last year
are now being collected.

9. Conclusion

9.1 The TMO Board is asked to note the contents of the above report.

Anthony Parkes
Director of Financial Services

17
Agenda Item 5
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED

Open

For decision

Board
th
30 September 2010

Report title: Digital TV installation

Authority for decision: The Board is required to approve


contracts over 3M.

Recommendations: That the Board approves the award of


contract for the IRS survey, design,
installation, commissioning, management
and maintenance of the DTV upgrade of
cabling and associated equipment to
SCC International (SCCI).

Regulatory/legal requirements: From 2010 the Tenants Services


Association (TSA) became the regulator
of Local Authority owned social housing.
The Leasehold Valuation Tribunal (LVT)
and TSA have indicated that providing a
fair and equitable provision of service is a
reasonable expectation of a Registered
Provider (RP).

Business Plan link:


Keeping our customers and residents
centre stage

Equality Impact Assessment/comment: Digital TV will be provided to all residents


and therefore will not adversely affect any
groups

Resident consultation: Under the finance arrangements there is


no obligation to consult leaseholders
under sec 20 . Residents have been
notified through Link magazine and road
shows programmed to start October 2010

18
Resource implications/VFM statement: The installation will be financed through a
purchase/leasing agreement week and
costs recovered from residents are likely
to be less than 1 per week

Risk: If Digital TV is not installed by 2012


,tenants and leaseholders will be largely
left without any TV reception

Appendices: N/A

Total number of pages including 3


appendices:

Name, position and contact details of Yvonne Birch and Edith Fekarurhobo
author: Head of Strategy and Engagement
O2o7605 6478

19
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED

TMO BOARD 30 SEPTEMBER 2010

REPORT BY HEAD OF STRATEGY AND ENGAGEMENT

DIGITAL TV INSTALLATION

1.0 Purpose of the Report

1.1 The report advises the Board on the procurement process, evaluation
criteria, contract arrangements, consultation framework, financing, programme
and project risks of the preferred contractor for the DTV installation

For Decision

2.0 Introduction and background

In the autumn of 2005 the government confirmed its intention to switch off all terrestrial TV
analogue signals and commit exclusively to digital transmission. This process is known
formally as the switchover and will be phased throughout the UK between 2008-2012.
The exact date for turning off the final analogue signal in 2012 is unknown; however it is
likely to be post Olympic and Para Olympic performances i.e. autumn 2012. Viewers who
have not made the digital switchover may be left with no terrestrial service and blank TV
screens.
In January 2008 KCTMO commissioned Mandercom Ltd to carry out a detailed digital
survey and feasibility report for its entire managed stock of approximately 10.000
properties.
Mandercom recommended that any DTV system should be the integrated reception
system (IRS).

3.0 Advantages of DTV Installation

Meets diversity protocols as it enables various international channel


subscriptions.
Provides a consistent uniform provision of service and basic big 5 and free to air
channels.
One contractor for the supply, installation, repairs and maintain / replace
contract.
A low cost outlay for residents (current forecast is less than 1 per week).
No requirement for multiple aerials and dishes.
An enhanced asset protection of Council stock.
An opportunity to remove all authorised and non authorised existing block aerials
and dishes.

- 20 -
4.0 Procurement Strategy

Under EU legislation, capital works procured by UK Public bodies in excess of 3.5m must
be advertised in the Official Journal of the European Union (OJEU). The procurement
route used to commission the DTV installation works was the EU Restricted process.
This is a two stage process where interested organisations are invited in the first instance
to express an interest via the submission of KCTMOs pre-qualification questionnaire
(PQQ). Organisations are then shortlisted based on the selection criteria and invited to
submit a formal tender i.e. an invitation to tender (ITT). The form of tender is submitted to
KCTMO, clarifications are sought, tenders assessed and evaluated and the preferred
organisation is notified. After a standown period the successful and unsuccessful
tendering organisations are notified and a formal EU award of contract notice is
published in the OJEU.

5.0 Tender report summary

The following is a summary of the Tender Report produced by Mandercom :

OJEU notice posted - 10 February 2010.


PQQ deadline for return - 05 March 2010.
ITT sent out - 26 April 2010.
ITT return deadline - 21 May 2010.
OJEU contract award notice - 14 July 2010.

In total, 6 organisations were invited to tender and all of these 6 organisations submitted a
formal tender.

The ITT evaluation was based on 50% price i.e. the lowest price obtaining the highest
score and 50% quality made up of; compliance with the tender, method statements, client
references, installation examples and interviews.

Organisations: Price max Quality max Total as a %


50% 50%
1. ABCA 33.3 15.2 48.5
2. Avonline 25.0 26.2 51.2
3. MDTV 41.7 17.1 58.8
4. SCCI 50.0 24.4 74.4
5. SCS 16.7 17.9 34.6
6. Stanley 8.3 1.2 9.5

Based on the above SCCI were selected as the preferred contractor.

6.0 DTV Installation Programme

The original installation programme was planned to commence in September 2010 and
finish in January 2012 i.e. approximately 18 months duration. The revised start date will
now be on or after November 2010 with targeted completion in the spring of 2012.
The revised timetable still meets the Governments own deadline for analogue signal
switch off; however there is less contingency time at the end of the contract that may

- 21 -
potentially be required to mitigate site installation difficulties that could arise during
installation.

7.0 Management arrangements

Mandercom were originally commissioned in November 2009 to provide technical project


management duties in relation to the installation. Mandercoms scope of service was
revised in February 2010 to include discussions with Virgin Media and management of the
EU procurement process.
KCTMO management arrangements include an interim consultant project manager and
internal technical assistance from the asset management department.
The preferred contractor, SCCI have a robust web based client portal that enables a
planned project sign-off process with the managing agent and the client. The advantage of
this system is that there is a clear audit trial of decisions, authorisations can be checked
remotely, problems are easily identified and escalated and information management is
streamlined ensuring all parties have the same information.

8.0 Customer and Stakeholder Management arrangements

Residents have previously been advised of the DTV switch over via KCTMO newsletter.
Further roadshows, presentations at RA meetings and other KCTMO consultative bodies
will be organised once a detailed installation programme has been agreed.

Recommendation to approve the DTV installation will be presented to the RBKC cabinet in
October 2010. Following on from this, resident consultations will commence on a block by
block basis prior to works starting.

10.0 Financing and VFM

The contract sum for capital installation of the equipment and maintenance over a 10 year
period is 3,754,727.00 (excl VAT); this represents value for money as the costs have
been obtained via market competition.
Mandercoms management fee is 145,350.00 (excl VAT).
The contract sum is fully recoverable via a service charge currently estimated at
approximately 55.00 per year per resident. This final figure may vary slightly from block
to block based on the exact wiring requirements and stipulations of RBKC Planning.

11.0 Legal obligations

The RBKC have no requirement within their tenancy agreement to provide television
equipment however leasehold agreements stipulate that the Council must maintain
existing services as far as possible. The TSA have placed obligations on registered
housing providers to provide TV services to all residents.
Legal obligations connected to EU procurement have been fully discharged.
There will be legal implications connected to obtaining Planning and historical building
consents which will affect 2 blocks that have been listed by English Heritage. Statutory
Building Regulations and H&S requirements will also apply.
There are no legal implications for leaseholders as the annual capital charge is below the
250.00 threshold and yearly revenue charges are estimated to be below the 100.00
threshold.

- 22 -
12.0 Recommendations

That the Board approve the award of contract to SCCI and officers commence all
necessary action to progress the installation of DTV to KCTMO managed properties.

- 23 -
Agenda item 8ii
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED

Open

For decision

Board
th
30 September 2010

Report title: Resident Board Member Elections 2011

Authority for decision: The election of Resident Board Members


is carried out in accordance with Articles
15.5, 15.9, 15.10, 16 and 17 of the
TMOs constitution and therefore is for
the Board to consider.

Recommendations: Agree a timetable for the Resident


Board Member Elections
Appoint either RBKC or Electoral
Reform Services as Returning Officer
Agree the process of drawing Lots at
the October Board meeting as
outlined in 3.5.

All Resident Board Members are


requested to inform the Company
Secretary by 20th October 2010 if they
wish to volunteer to retire.

Regulatory/legal requirements: Adherence to the constitution is a key


responsibility for the Board.

Business Plan link: Developing organisational competence


through enhanced governance

Equality Impact Assessment/comment: None identified.

- 24 -
Resident consultation: None required on the contents of this
report.

Resource implications/VFM statement: The budget for the 2011 Board elections is
already approved within the current years
budget at 10,000.

Risk: Failure to adhere to the Constitution in


planning the election could result in
challenge from the Regulator and
Members. This could pose a reputational
risk, a risk that the elections are
invalidated, and adding additional costs for
another election process.

Appendices: i. Election Rules


ii. Extracts from previous papers and
minutes

Total number of pages including 12


appendices:

Name, position and contact details of Catherine HardySmith, Company


author: Secretary, chardysmith@kctmo.org.uk,
02076056399

- 25 -
2.0 Purpose of the Report

1.1 The Board is asked to note the requirements of the constitution in the
Resident Board Member election process and the method for determining
which Resident Board Members shall retire from office. The process and
timetable is included for the elections, along with recommendations for the
appointment of the returning officer.
FOR DECISON

2.0 Introduction

2.1 The election of Resident Board Members is carried out in accordance with Articles
15.5, 15.9, 15.10, 16 and 17 of the TMOs constitution.

2.2 The constitution is clear on the matter and is outlined in section 3.

2.3 However the Company Secretary is aware that some Board Members recall a
discussion that because of the full retirement and then re election of all Resident
Board Members in December 2008, and a view that it made it unfair that all would
be considered to have been appointed on the same day, a different approach might
be adopted.
The papers and minutes from those discussions state that the Board made a
decision that 3 members would retire in 2011. Extracts from the papers and
minutes of that decision are attached at appendix 2. The Board should note that the
decision that 3 Board members retire is in excess of the Constitutions
requirements.

3.0 Retirements

3.1 Under the constitution there are three limits to be taken into consideration when
deciding which Resident Board Members are due to retire and whether they can
seek re-election:

The two Resident Board Members who have served longest since they were
last elected must retire (this is a third of eight, rounded down to the nearest
whole number); but
if a Resident Board Member wishes to retire, he or she can be counted amongst
the two;
if there were more than two Board Members elected at the same time, they
must be chosen by lot which is to retire;
Resident Board Members are elected for a three-year term of office; and
Board Members may not serve for more than a total of nine calendar years
without a three year break.

3.2 All Resident Board Members stood down at the election in December 2008 with
Kathy Harris, Reg Kerr-Bell, Iain Smith and Tony Ward being elected. In 2010 the

- 26 -
two Board Members who stood down were Ben Cann and Sylvia Collett. Juliet
Rawlings stood down as she approached her 9 year term.

3.3 No Board member is due to retire because of the 3 year and 9 year term rule for
elections up until April 2011.

3.3 Resident Board Members are therefore required to stand down in the following
order:

(All Resident Board Members can volunteer to stand down which will count towards
the two places)

1=) Kathy Harris (Dec 2008)


1=) Reg Kerr-Bell (Dec 2008)
1=) Iain Smith (Dec 2008)
1=) Tony Ward (Dec 2008)
2=) Sylvia Collet (Feb 2010)
2=) Celine Green (Feb 2010)
2=) Roy Turner (Feb 2010)
2=) Faye Edwards (Feb 2010)

3.4 As there are four Resident Board Members due to retire, the two places (subject to
volunteer retirements) will be drawn from lots between Kathy Harris, Reg Kerr-Bell,
Iain Smith and Tony Ward. All will be eligible to restand if they wish.

3.5 At the Board meeting 21st October 2010 the Company Secretary will place the
name of each of the Resident Board Members due for retirement into a draw, and
an Independent Board Member will draw two names which will be the Resident
Board Members who will retire at the next election.

3.6 If the Board wishes to re confirm the decision made 8 th October 2009 that 3
resident Board Members shall retire, then the number of lots drawn (subject again
to volunteer retirements) shall be 3.

4.0 Election Timetable

4.1 Article 16.3 states that Elections shall take place during each year on a date to be
fixed by the Board. The Election Date shall not in any case be less than eleven nor
more than fourteen months after the date of the last election.

Therefore the 2011 election must be held between 22nd January 2011 and 22nd
April 2011.

4.2 Example Timetable

1st October 2010 Check Membership Records

21st October 2010 Retirements concluded at Board meeting


Deadline for Membership checking
December 2010 TMO Link for advance notice of elections

- 27 -
13th December 2010 Formal Notice of Election to all TMO Members
advising of 2011 elections and asking for
nominations

Mailshot to include:
Cover letter re nominations
TMO Membership info and application form
Fact sheet on how to nominate/who can be
nominated

14th January 2011 Closing Date for Nominations

28th January 2011 Photos of Candidates taken


11th February 2011 Voting mailshot to all TMO Members

Mailshot includes:
Cover letter re election
TMO election Link special with candidates
details
Ballot and proxy forms

4th March 2011 Close of election.


11th March 2011 Notification of result to candidates
March/April 2011 LINK notification of results

5.0 Election Process

5.1 The election is governed by the Articles and the more detailed Approved Election
Rules (Appendix 2).

5.2 The Board decided in 2007 that the election should be outsourced to an
independent third party. We have previously used either the Council or Electoral
Reform Services (a wholly-owned subsidiary of the Electoral Reform Society).

5.3 Both RBKC and Electoral Reform Services have been asked to quote for the work.
The Electoral Reform Service has quoted 3,719 plus VAT and are available.
RBKC are yet to respond.

5.4 It should be noted that the Board has previously agreed that voting should be done
entirely by post.

5.5 Hustings meetings have been poorly attended in recent years with between 10 and
25 Members attending. The Board may wish to consider whether these should be
continued.

5.6 The Board may also wish to consider having an accreditation process which outlines
how nominated candidates might be able to attend training and information events
run by the TMO which they can then use as an accreditation during the election

- 28 -
process. If the Board considers this appropriate, the Company Secretary can
review the Election Rules to include a suggested accreditation programme for the
Board consideration in October, as part of the governance review.

6.0 RECOMMENDATION

6.1 The Board is recommended to:

Agree a timetable for the Resident Board Member Elections


Appoint either RBKC or Electoral Reform Services as Returning Officer
Either reconfirm the Boards decision of 8th October 2009 that 3 Resident Board
Members shall retire in 2011, or approve the lesser retirement requirements in line with
the Constitution as outlined in 3.4.
Agree the process of drawing Lots at the October Board meeting as outlined in 3.5.
Consider if an accreditation plan is appropriate and request the Company Secretary
to prepare in readiness for discussion at the next Board meeting.

All Resident Board Members are requested to inform the Company Secretary by 20th
October 2010 if they wish to volunteer to retire.

- 29 -
APPENDIX 1

The Royal Borough of Kensington and Chelsea


Tenant Management Organisation Limited

BOARD MEMBER ELECTION RULES

1 Introduction

These Rules set out how the election of Resident Board Members takes place. If
there is any conflict between these Rules and the Companys Articles, the Articles
take precedence. Words importing the masculine shall include the feminine and
vice versa.

There are eight Resident Board Members six Tenant Board Members and two
Leaseholder Board Members. Each year at least two Resident Board Members
stand down and nominations are sought for candidates for election. Resident Board
Members may choose to stand for re-election, provided they are still eligible.

2 Notice of election

Written notice of the board member elections must be given six weeks before the
date of the election. The date of the election is fixed by the Board. It must be not
less than eleven nor more than fourteen months after the last election. Although the
formal notice of the election is only sent to Members, the election will be publicised
as widely as possible to other residents. Tenants and leaseholders are encouraged
to become Members in order to stand for election or to vote.

3 Eligibility for election

Anyone who wishes to stand for election must meet the following criteria:
Have been a secure tenant or leaseholder of a TMO property for two years
or more;
Be a Member of the company;
Not be an elected member of the Royal Borough or one of its employees,
and not have been an elected member or employee during the four years
before the election;

- 30 -
Not be the spouse of an elected member of the Royal Borough;
Not be disqualified from being a Board Member under the TMOs
constitution.

Secure tenants may only stand for vacancies for Secure Tenant Board Members
and leaseholders may only stand for vacancies for Leaseholder Board Members.

4 Returning Officer

The Board appoints an individual or independent organisation to act as Returning


Officer for the election. The Returning Officer is responsible for the conduct of the
election, including deciding on the eligibility of candidates.

5 Nominations

Candidates must complete a nomination form and send it, together with a written
profile of the candidate to the Returning Officer by the deadline for nominations,
which is set by the Board. The form has to contain:
The name and address of the person being nominated;
A signed statement of his or her willingness to be a candidate, to consent to
a CRB check, and, if successfully elected, to sign acceptance of the Board
Accountability Letter and the Board Members Code of Conduct;
The names, addresses and signatures of at least 5 members making the
nomination that have read and understood the personal statement.

The personal profile must be no longer than 250 words and must only make
reference to the candidate. In other words, candidates may not mention current
board members or other candidates.

It is suggested that candidates cover the following areas in their profile:


How long they have been a tenant/leaseholder;
Any experience they have had as a voluntary committee member;
Any similar experience they think might be useful; and
Why they would like to be a member of the board.

It is the responsibility of the candidate to ensure that their profile is accurate; no


more than 250 words in length and does not refer to other candidates. However,
profiles will be checked to ensure that they comply with the requirement on length
and candidates will be asked to resubmit their profile if the original does not meet
the requirements.

No assistance will be given by TMO staff in writing a candidates profile unless


required by the Disability Discrimination Act or other legislation, and the TMO takes
no responsibility for the accuracy of candidates profiles.

People who have expressed an interest in being candidates will be invited to a


briefing session and also invited to attend a board meeting as observers.

- 31 -
6 Canvassing

The Board has agreed the following rules for canvassing:

Candidates may:

speak to residents about their candidacy in order to gain their support


(although candidates are strongly advised against knocking on doors);

put up electoral posters encouraging people to vote for them;

arrange meetings to inform residents about their candidacy.

The TMO Board may arrange one or more meetings at which candidates will be
invited to address Members and answer questions.

The Board has strictly prohibited the following forms of canvassing by candidates:

publishing materials for distribution to all or parts of the electorate;

entering any residents home to gain support for their candidacy;

publicly slandering or abusing another resident or the TMO during the


election process.

7 Voting Process

Every member of the TMO is entitled to vote in elections for Resident Board
Members.

The Returning Officer is responsible for ensuring that ballot papers are sent to all
members. The ballot paper shall list the names of the candidates and be
accompanied by the written profiles and a photograph of the candidate. Accidental
failure to send a ballot paper to one or more Members does not invalidate the
election.

Where the number of candidates is equal to or less than the number of Resident
Board Members to be elected, the candidates shall be deemed to be elected.

Members have one vote for each vacancy.

Members vote by returning the ballot paper to the Returning Officer by midday on
the day of the election.

Candidates with the highest numbers of votes are deemed elected. In the event of
a tie for the last place (or only place) a coin will be tossed by the Chair to determine
which candidate shall be deemed elected.

8 Count

- 32 -
The Returning Officer is responsible for ensuring that all votes are counted and for
deciding whether a vote has been spoiled.

9 Announcement of Results
The announcement of the election results will normally be made on the next
working day after the election and, in any case, no more than 5 working days after
the date of the election. The results of the election will be posted on the TMOs
website and all candidates will receive an individual letter confirming the results of
the election. The results of the election will also be publicised in the next available
edition of TMO Link.

10 Disputes
In the event of any election dispute or query about spoilt votes, the decision of the
Returning Officer shall be final.

These Rules were approved by the TMO Board on 3 September 2009.

APPENDIX 2
Extracts from Board papers and minutes relating to succession planning

3rd September 2009- Paper

5.0 Retirements

5.1 As all Board Members stood down at the election in December 2008, the two Board
Members to stand down should, according to the Articles, be chosen by lot.
However, this would be clearly unfair to the new Board Members.

5.2 It is understood that it was agreed by those Resident Board Members serving
before December 2008 that they would ignore the December elections for the
purposes of determining their three year term of office. Keith Jenkins advice is that
the provisions of the Articles cannot be set aside in this way and that all Resident

- 33 -
Board Members terms of office must be counted from December 2008. However,
Board Members can volunteer to stand down.

5.3 It is therefore proposed that Resident Board Members should agree to stand down
in the following order:

1) Ben Cann (previously elected in 2006)


2) Sylvia Collet (previously elected in 2006)
3) Kathy Harris (previously elected in 2007)
4) Reg Kerr-Bell (previously elected in 2007)
5) Juliet Rawlings (elected in 2008)
6) Jules Montero (elected in 2008)
7) Iain Smith (elected in 2008)
8) Tony Ward (elected in 2008)

The two Resident Board Members retiring this year are therefore Ben Cann and
Sylvia Collet.

5.4 It should be noted that Juliet Rawlings will need to retire before 2 nd July 2010, as
this will be the ninth anniversary of her first election.

3rd September 2009- minutes relating to the paper above

7. Board Member elections and succession planning

Richard Reger, Company Secretary, presented a report on Board Member elections.

Progress was being made to identify one or more new Independent Board Members. An
advertisement would appear in The Times in the week commencing 7th September.
Shortlisting was timetabled to take place on 8 th October with interviews in the week
beginning 19th October. Kathy Harris and Sylvia Collet expressed an interest in being on
the interview panel.
The Company Secretary explained that as all Resident Board Members were elected or
re-elected at the same time in December 2008, the correct way of determining which two
Resident Board Members should stand down at the election, as required by the TMOs
Articles, was by drawing lots, unless the appropriate number of Resident Board Members
voluntarily stood down. He had therefore drawn up a list suggesting the order in which
Resident Board Members should volunteer to stand down, based on when they were last
elected. This showed that Ben Cann and Sylvia Collet would stand down at the next
election.

Iain Smith suggested that, as he had been elected to the Board following a contested
election, his name should come below those who had been elected unopposed at the
same time.

It was also suggested that consideration should be given to avoiding both Leasehold
Board Members retiring at the same time.

ACTION: It was agreed that the Company Secretary would provide a schedule
showing projected Board retirements over the next four years.

- 34 -
8th October 2009- paper outlining schedule of retirements

4.0 Proposed Retirement Schedule

4.0 The proposed retirement schedule for Board Members has the following attributes:
2010 - Three Resident Board Members stand down, including Juliet Rawlings,
and two new Board Members are elected;
2011 Three Resident Board Members stand down, including one of the
Leaseholder Board Members - either Jules Montero or Tony Ward
2012 Two Resident Board Members stand down, Iain Smith and either Jules
Montero or Tony Ward.

8th October 2009- minutes approving the schedule

8. Board member succession planning


This issue had been discussed at the last meeting, and a schedule for
Resident Board Member retirements for the next four years was now provided
as requested. The original schedule had been adjusted, so retirements were
in a sequence of three Resident Board Members retiring in the first year,
followed by three in year two, and then two in year three, resulting in a more
gradual process. It had been also agreed that the two leaseholder Board
members should not retire in the same year.

Clarification was given that all Board members had to stand down after three
years, and either seek re-election or retire as required by the constitution.
Clarification would also be provided for Board member candidates on
potential conflicts of interest. The Board agreed the proposals for
succession planning for the next four years.

- 35 -
Agenda item 10
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED

Open

For noting

Board
th
30 September 2010

Report title: Annual Health & Safety report

Authority for decision: The Board retains overall responsibility


for all statutory requirements.

Recommendations: The Board note the report.

Regulatory/legal requirements: The TMO is the managing agent for


Kensington & Chelsea Councils housing
stock. The Council retains ownership of
the stock and, as such, retains some
responsibilities for the Health & Safety of
the residents and their homes.
Therefore, for the purposes of the
enforcing body, the Health & Safety
Executive, the responsibilities would be
considered to be joint.

Business Plan link: Developing organisational competence

Equality Impact Assessment/comment: None

Resident consultation: None required

Resource implications/VFM statement: No resource implications as a result of


this report.

Risk: Risk management is the subject of the


report.

Appendices: None.

- 36 -
Total number of pages including 22
appendices:

Name, position and contact details of Lornette Pemberton, Director of People &
author: Organisational Development,
lpemberton@kctmo.org.uk, 02076056334

- 37 -
HEALTH & SAFETY ANNUAL REPORT 2009/10

1. INTRODUCTION

1.1 This report provides an overview of the TMOs management of Health & Safety
during the year April 2009 to March 2010, reviewing progress with our Action Plan
and setting out our Health & Safety priorities for the coming year (10/11). As always
information is provided on performance across a wide spectrum of activities relating
to the safety of employees, contractors and residents.

1.2 The arrangements by which the TMO consults employees on Health & Safety
issues remained unchanged. Specifically, there is a Health & Safety Committee
consisting of management representatives, union Health & Safety Representatives,
the Health & Safety Team and chaired by the Director of People and Organisational
Development. This Committee meets every two months and reports to the
Executive Team.

1.3 Health & Safety documentation such as policies, procedures and report forms are
available to employees under Health & Safety on the Human Resources section of
the TMO intranet. (Appendix A lists TMO H&S Policies & Procedures and sets out
when these are next due to be reviewed.)

2. HEALTH & SAFETY RELATIONSHIP BETWEEN TMO & RBKC

2.1 The TMO is the managing agent for Kensington & Chelsea Councils housing stock.
The Council retains ownership of the stock and, as such, retains some
responsibilities for the Health & Safety of the residents and their homes. Therefore,
for the purposes of the enforcing body, the Health & Safety Executive, the
responsibilities would be considered to be joint.

2.2 For example, compliance with the Regulatory Reform (Fire Safety) Order 2005 is
operationally delegated to the TMO. However, in the event of a breach of these
Regulations the London Fire Brigade would consider the TMO and the Council to
be jointly liable for the breach and would serve Enforcement Notices on or pursue
prosecution against both.

2.3 The Council monitors the TMOs Health & Safety performance in order to satisfy
itself that we are complying with our statutory responsibilities, adhering to best
practice and ensuring the best possible environment for the residents to live in and
for our employees and contractors to work in. Specifically, the Councils Corporate
Health & Safety Adviser and the Health & Safety Adviser from Housing, Health &
Adult Social Care receive copies of the minutes from the regular H&S Committee
meetings and also this annual report. Additionally, the TMO Health & Safety
Advisor attends the Councils 6-weekly Health & Safety Main Coordinating
Committee. Finally, the Council is notified promptly of any major incidents,

- 38 -
accidents or significant near-misses and is informed of progress of ongoing
investigations. Clearly, if meetings are required e.g. to discuss a specific accident
or dangerous occurrence these can be convened at short notice. Specifically, with
regard to fire safety it should be noted that the TMO and RBKC have worked
closely with the London Fire Brigade to agree and progress a joint initiative.

3. TMO HEALTH & SAFETY POLICY

3.1 The TMO Health & Safety Policy Statement accepts our responsibilities for and sets out our

commitment to heath & safety. Specifically, the policy statement acknowledges our

commitment to ensuring the health, safety and welfare of our employees, residents,

contractors, clients, visitors, and members of the public i.e. all other people who could

potentially be affected by our work. Whilst it is expressly stated that the Chief Executive is

ultimately responsible for Health & Safety, this policy and its implementation, in the first

instance all managers are responsible for the health & safety of their staff and the operations

under their control. The policy statement is reviewed on a regular basis and is currently

under review again now that new Executive Team is established.

3.2 This policy can be obtained from the Health & Safety Team and a copy is also available to

all employees via the TMO intranet.

4. HEALTH & SAFETY WORK COMPLETED IN THE REPORTING PERIOD

4.1 Policies, Procedures, Briefing Notes and Committee Reports

4.1.1 The TMO has a number of Health & Safety policies and procedures which are
reviewed regularly and also when there are major changes to the organisation, new
legislation is introduced etc. In particular, the following documents were produced,
reviewed or updated during the reporting period and can generally be found on the
TMO intranet. It is expected that staff who do not have access to the intranet will be
briefed by their line manager during their team meetings.

TMO Asbestos Policy Statement


Emergency Plan kept constantly under review and updated to take account of
new out of hours arrangements, management & personnel changes etc.

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Significant progress with water quality finally hold current water quality risk
assessments for all communal stored water
Progress with Fire Risk Assessments regularly reported to TMO Committees
(Board and Operations Committee) and also RBKCs Committees (Tenants
Consultative Committee, Overview & Scrutiny, Board of Management)
Drafted and obtained Operations Committee approval for TMO Window Safety
Policy

4.2 Other achievements in 09/10

4.2.1 Other areas of work which were identified in the Action Plan 08/09 and have now
been successfully completed are

99.6% access achieved for gas servicing of council-owned individual gas


appliances. (This figure reached 100% a few weeks after the reporting period
ended.)
On gas servicing an alternative access procedure which is fully compliant with
the Audit Commissions best practice has been thoroughly investigated and is
being progressed. The current position is that Delegated Authority from the
Council has now been received. The current draft Policy/Procedure using the
powers granted under the Environmental Protection Act 1990 Part III to gain
lawful entry have been agreed in principle. Ongoing liaison is taking place
between TMO Officers, RBKC Legal and Environmental Services and the TMOs
gas servicing contractor, T Brown, to agree/finalise the procedure. It is
anticipated that the procedure will be fully operational (first warrants will be
applied for etc.)by the end of September 2010.
Asbestos communal surveys on properties prioritised on basis of risk, and in
excess of two hundred of the highest risk blocks have now been completed and
this programme is continuing. Asbestos surveys and re-inspections within TMO
commercial properties also continue.
Water Quality Risk Assessment significant progress made in this reporting
period. Specifically, all water quality risk assessments have been undertaken
and a two-year review period has been adopted. As such, in the reporting period
re-assessments have been completed for the Priority One properties (sheltered
blocks and temporary accommodation). Additionally, a maintenance regime has
been instigated at these properties. Capital funding has been secured to
resource the programme of tank replacement which had been identified by our
specialist contractor and this programme should be undertaken in the coming
reporting period.
Engaged with LFEPA re: lift shut-ins in an effort to reduce the fire brigade
attendance at Council blocks. Following Fire Officer briefing to TMO staff, TMO
reviewed attendance procedures with our lift contractors and publicised these in
an article in the quarterly magazine to residents (TMO Link). Additionally,
because of some specific problems at the Worlds End Estate every resident was
advised in writing of the Fire Brigades concerns and the procedure residents
should follow in the event of becoming trapped in a lift.
Fire Risk Assessments In this reporting period significant progress was made
with this (details provided later in the report at 7.2 below). However, specifically
TMO worked closely with RBKC and the London Fire Brigade (LFB) to adopt a
risk-based approach to this issue. Agreed criteria for identifying high, medium
and low risk properties. Consultants are engaged to carry out the programme

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of assessments of all blocks identified as being potentially high risk and
completed this programme to the standard required by the LFB using a proforma
that had LFB approval within the agreed 6-month timescale.
Lone Worker training continued with successful programme of 1-day Lone
Worker training courses delivered by the Suzy Lamplugh Trust.
Continued to work closely with the Technical (now the Asset, Investment &
Engineering) division to raise and resolve Health & Safety concerns, issues and
potential problems. Technical Health & Safety meetings held every two months
to facilitate this discussion.
Emergency Planning reviewed roles & responsibilities, revised out of hours
cascade to take account of newly out-sourced call-handling (by contactor
Pinnacle) and introduced an out of hours rota for Technical Advice which is
operating very effectively and enhancing the service that we provide.
Liaised with Asset Management Team and Keystone (software provider) to
successfully introduce a new asbestos database. Work is still ongoing to store all
asbestos data on the system, but significant progress has been made to date.

5. RISK ASSESSMENT

5.1 Managers are responsible for ensuring that risk assessments are undertaken for
their teams and as such our policy has been for managers to appoint designated
risk assessors to assist them with carrying out these assessments. Assessors are
provided with training and support and TMO procedures and risk assessment
proformas are available to assist them. All significant risks are documented and the
manager and assessor jointly identify the action necessary to reduce any risks to
an acceptable level. Assessment are categorised as follows:

Designated display screen assessors - have responsibility for assessing


workstations. (Computers are not inherently hazardous but if positioned
wrongly and / or used intensively without adequate rest breaks etc. a range of
issues such as eyestrain, musculo-skeletal problems, headaches etc. can
manifest.)

General risk assessors - have responsibility for assessing workplaces


includes offices, reception areas, estates - and also work activities for example
dealing with the public and lone working. For other more specialist workplaces
and work activities such as areas where construction activity is taking place,
Health & Safety team are available to assist.

5.2 Completed assessments are submitted to the Health & Safety Team who maintain
a schedule of assessments. Also H&S team keep a watching brief on progress with
the Action Plans. A copy of the progress schedule is available upon request.

5.3 Progress with risk assessments is monitored by the Health & Safety Committee.
The Executive Team is kept appraised of this and, specifically, those assessments /
reviews that remain outstanding.

5.4 In this reporting period the Health & Safety Committee agreed to offer a small
bonus to designated assessors to complete their assessments comprehensively
and within the expected timescale.

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5.5 Other specialist assessments such as security, pregnant workers, personal
evacuation plans for disabled staff etc. are also carried out by or in conjunction with
the Health & Safety Team.

5.6 Fire Risk Assessments - please see below Fire Safety (7.2).

6. ASBESTOS

6.1 Because of the age of council properties many were constructed using some
building materials that contained asbestos. This is In addition to the well-known
thermal insulation properties of asbestos which caused it to be used in lagging and
where fire-stopping etc. was required, asbestos was also commonly added to floor
tiles, decorative ceiling artex etc. Therefore, there are many council dwellings
where some form of asbestos-containing material(s) remain. Our policy has always
been to manage these materials and maintain them in good condition, as in this
state they present a very low risk to health and disturbance to facilitate removal can
present a greater risk. The TMO remains committed to complying with the
requirements of the Control of Asbestos at Work Regulations 2006 and the TMO
Asbestos Policy Statement has been reviewed in the reporting period to reflect our
improved procedures. This sets out

our commitment to training our staff in asbestos awareness


our approach to surveying and identifying the locations of Asbestos-Containing
Materials (ACMs) - in dwellings, within communal areas and in commercial
properties
how we manage our ACMs
what we do to advise residents about the presence of ACMs within their home
and the precautions they must take in order to maintain them in good condition
and risk-free
how we store the details of our ACMs (electronically initially in Academy but
now in the Keystone Asset Management System) and
arrangements for advising our contractors of the presence of ACMs.

7. FIRE SAFETY

7.1 Fire Risk Assessments (FRAs)

7.1.1 The Regulatory Reform (Fire Safety) Order 2005 came into force in October 2006
requiring that persons who control premises must carry out a fire risk assessment
to satisfy themselves that all potential fire hazards have been identified and any
significant risks reduced. This requirement covers workplaces and the common
parts of domestic premises i.e. the communal areas of Council blocks. For the
purposes of this legisation RBKC and the TMO are considered to be responsible
persons and as such must ensure that suitable and sufficient fire risk
assessments are carried out in the communal areas of all the residential blocks.

7.1.2 Having initially made significant progress with completing these FRAs, in the
previous reporting period the LFBs local Fire Safety Officers had challenged our
approach and insisted that the legislation required more comprehensive

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assessments to be carried out. Specifically they stated that they did not consider
the TMO FRAs to be suitable and sufficient. Negotiations between the TMO,
RBKC and the LFB to clarify the requirements of the law and the LFB interpretation
of it finally led to an agreement that the TMO would:

adopt a risk-based approach;


agree criteria to identify the high, medium and low risk properties;
prepare a brief and embark upon competitive tendering to appoint a Fire
Safety Consultant to carry out the programme of high risk FRAs. (Funding for
programme made available by RBKC);
agree in advance with the LFB the proforma the consultant proposed to use;
ensure in every FRA Report the recommendations set out in the Action Plan
would be colour-coded to reflect their priority. Specifically, actions coded red
would relate to breaches of the Regulatory Reform Order, those coded amber
would show where British Standards, LFB standards etc. were being breached
and those coloured green would show recommendations that reflect good
practice and as such the TMO may wish to consider implementing these in the
longer term;
endeavour to complete the high risk programme within a 6-month timescale;
At the conclusion of the high risk programme, following evaluation, the
medium-risk assessments would be commissioned and these would be
followed by the low-risk programme;
Progress actions in priority order red first then amber; and
Keep LFB appraised of progress and continue meeting regularly with them.

7.1.3 LFB advised that they considered a 3-year timescale (commencing July 2009) to
complete the FRAs and 5-year period to complete all the high priority actions
(also starting in July 2009) would be reasonable and to date they have confirmed
that they are content with the progress we are making and have now publicly stated
that they consider us to be an example of good practice in this area.

7.2 Smoke Alarms

7.2.1 The TMOs ultimate aim is to work towards ensuring that all of our tenanted
properties have been fitted with a mains-powered smoke alarm with battery back-
up. However, with diminishing resources and significant demand upon budgets
from many other areas it is very difficult to set a realistic timescale by which this
could be achieved. In 2002 the TMO Board adopted a proactive policy regarding
the installation of smoke alarms. Since this time we have endeavoured to maximise
the impact across the housing stock in two ways. Firstly, by installing mains-
powered (with battery back-up) alarms when dwellings are being re-wired and
secondly by having a programme of installation of battery-operated smoke alarms.
As resources have been limited this battery-powered alarm installation programme
has been risk-based. Specifically, it has been our aim to prioritise the dwellings,
installing alarms in the higher risk dwellings (i.e. high-rise, where secondary means
of escape is no longer considered viable etc). and also where the residents are
potentially more vulnerable. Significant progress was made installing smoke alarms
in dwellings where residents are known to be vulnerable and as others come to
light the caretakers continue to install smoke alarms in their homes. We are
confident that the vast majority of our vulnerable and higher risk residents and

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dwellings now have a smoke alarm and as additional properties and residents are
identified we will continue to treat these as priority and carry out an installation

7.2.2 In addition to our efforts, to increase the incidence of smoke alarms in tenanted
dwellings (documented in the preceding paragraph), the London Fire Brigade also
carry out Home Fire Safety Visits where they provide specific fire safety advice to
residents and also install a battery-operated smoke alarm where necessary . To
date they have carried out many installations within Council dwellings, however,
sharing information on where alarms had been located has been problematic. The
LFB have, therefore, taken on board our concerns and have started to work more
closely with the TMO on joint initiatives where specific RBKC blocks / estates are
targeted and publicity is produced jointly etc. This has led to better information from
the LFB and helps us to maintain more comprehensive information on the
addresses of dwellings where smoke alarms have been installed (which allows us
to target our resources at the remaining dwellings).

7.2.3 Our best estimate, therefore, is that we now have smoke alarms installed within
close to 40 % of our tenanted properties.

7.3 Fires in residential premises

7.3.1 Home accidental fires still account for 40% of all the fires attended by the London
Fire Brigade and efforts are constantly being made to reduce the number and the
severity of these fires.

7.3.2 In the reporting period three fires occurred within our housing stock and fortunately
no serious injuries were sustained. One fire was caused by candles and the fire
was completely contained within the dwelling where extensive fire damage was
caused throughout (plaster off walls etc.) The second incident is thought to have
been caused by careless use of smokers materials in the bedroom. Fortunately a
smoke alarm had been installed and was activated giving early warning of fire
which facilitated safe evacuation and early notification to fire brigade. In this
incident one adult was taken to hospital with smoke inhalation but was released
very quickly. Additionally, damage to property was restricted to the bedroom only
and the family chose not to be decanted. In the third incident the fire is thought to
have started in the cooker and caused damage to kitchen units and flooring and
smoke damage in lounge. With the exception of the final incident which is thought
to have been caused by a faulty electrical appliance, in each of these cases the
fires were caused by peoples lifestyles and the way they use the premises so it is
difficult to see how the TMO could have prevented these.

8. WATER QUALITY PREVENTION OF LEGIONELLA

8.1 The TMO Water Quality Policy was revised in the reporting period to take account
of recommendations made by the Councils internal auditors on their recent audit of
legionella procedures across the Council and the TMO. (Only very minor changes
were recommended.)

8.2 The TMO now has a completed water quality risk assessment in relation to every
block where there is communal stored water. Additionally, these assessments are
being reviewed on a 2-yearly basis and all assessments are now current. Further,

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specialist contractors have been engaged to carry out regular inspection and
maintenance (including recording temperatures at taps etc.) at all the Priority One
properties.

8.3 In addition to the risk assessments the programme of annual tank inspections and
water sampling by specialist contractors continues and any responsive works
identified as necessary by this programme are instigated immediately.

8.4 A number of communal cold water storage tanks have been identified as needing to
be replaced and a bid for capital funding was made in the reporting period. This bid
was successful and a capital budget will be available to fund this programme of
tank replacement in the coming period.

8.5 Therefore, the TMO can confirm that Legionella Management activities have been
successfully achieved within the reporting period

9. HEALTH & SAFETY TRAINING

9.1 A number of Health & Safety courses ran between April 2009 and March 2010 and
details of these and the number of attendees are listed at Appendix B.

9.2 Health & Safety training need is identified from supervision meetings with line
managers, as part of the induction process, from the risk assessments and as
legislation and good practice change. Obviously as working practice or workplaces
change then these assessments are reviewed and any necessary training
identified. The Health & Safety Team collate the information on training need and
liaise with the Human Resources Team to ensure appropriate training is
programmed.

9.3 In this reporting period the need for a programme of Health & Safety Training
(initially targeted at managers) was identified and TMO H&S Team worked closely
with an external trainer to produce the most appropriate course for our staff. Dates
for the training for 2010/11 have been confirmed.

9.4 Additionally, there are a number of regular health & safety courses such as
Induction, First Aid, Fire Safety, Lone Working, Risk Assessors training etc. which
run each year and these are supplemented by other specific courses as and when
they are required.

10. HEALTH & SAFETY INSPECTION

10.1 It is TMO policy to carry out regular Health & Safety Inspections on our estates.
These inspections cover the common parts of our estates both internal and
external - and all areas made available to our contractors and staff as places of
work i.e. plant areas, roof areas etc. A report is produced following each inspection
highlighting all areas of concern such as outstanding repairs, health & safety issues
and access problems. Whilst it has always been our aim to do these inspections
annually - 6-monthly for the potentially higher risk areas such as the sheltered
schemes and the temporary accommodation - in this reporting period we have

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been forced to reduce the frequency of these to accommodate other higher priority
and generally unforeseeable Health & Safety work.

10.2 However, these inspections serve to supplement the estate staffs regular
programme of estate inspections and the frequency of these has not been reduced.
The documented health & safety inspections are often required by our Insurers
when residents or members of the public submit compensation claims following
alleged accidents or dangerous occurrences and so it is essential that we continue
with these and endeavour to complete them annually. Generally, once the annual
programme has been completed a report is produced for Executive Team
summarising the findings and highlighting any concerns and trends. Some of the
important issues which have been highlighted by these inspections in this reporting
period are:

Still issues with non-standard locks on street properties, although these are
changed when they become faulty to one of our assa series of locks. In these
cases our staff do not have ready access to inspect common parts, identify
potential hazards and initiate necessary repair, and this is still the case without
resorting to bell ringing and hoping someone is at home to give access.
As highlighted in our recent fire risk assessments of high risk blocks, in a small
number of blocks there are periodic issues with storage of items (particularly
flammable ones) on secondary means of escape and to a lesser extent on
primary escape route. It is imperative that these stored items are removed asap
as they can have significant impact upon the fire safety of the block. TMO
procedures are currently being reviewed to see if timescales for residents to
remove these stored items can be tightened up. We expect this problem to be
highlighted again in a small number of blocks when the fire risk assessments for
medium risk blocks are undertaken.
Estates are generally in better condition than the street properties and need to
consider increasing the frequency of inspection for these properties. This issue
has been highlighted to the Assistant Director of Neighbourhood Services who
is considering what action is required to take account of this discrepancy so that
fire safety in all blocks is maintained.
Occasionally find properties where roof access is not safe and these are
highlighted and investigated by our surveyors as and when they come to light is
still ongoing.
Pirate radio activity on the roof of two of our blocks. During this period the
police arrested people on the roofs of two of our blocks whilst they were
engaged in pirate radio activity. One of these cases is still being pursued by
Ofcom with a view to prosecution, the others were questioned, keys were
confiscated, and they were released. Unfortunately, they have since returned to
re-install their equipment on Markland House. There is still evidence of ongoing
blocks in the north of the borough. To date all attempts to exclude these
individuals from these areas for sustained periods and prevent this pirate radio
activity from continuing have been unsuccessful. Specifically, we have
repeatedly changed locks (using non-standard high security locks and
padlocks), upgraded roof entrance doors (these are steel), used CCTV,
engaged with the Metropolitan Police, OFCOM (Government regulatory body of
the radio spectrum) etc.

11. HEALTH & SAFETY MONITORING

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11.1 The TMO Health & Safety Committee is chaired by the Director of People and
Organisational Development and is the forum whereby management
representatives and safety representatives meet bi-monthly to consult on and
consider Health & Safety matters. The Committee has an important role in
monitoring progress with risk assessments, receiving summaries of accidents and
violent incidents and the action taken to prevent a recurrence, identifying trends,
making recommendations for improvements, reviewing policies and procedures
and commenting on the impact of new legislation etc. This group reports to the
Executive Team.

11.2 Individual project administrators are responsible for ensuring that the Health &
Safety monitoring arrangements for each specific project are appropriate having
considered the nature and complexity of the works, the level of risk that is
presented and the vulnerability of the people who could be affected by this. These
are generally laid down in the contract documentation and are monitored via pre-
contract meetings, regular site inspections, visits from clerk of works / site
supervisor, accident investigations, management systems and audits. Obviously all
projects take account of the requirements of the Construction (Design &
Management) Regulations.

12. HEALTH & SAFETY ENFORCEMENT

12.1 No formal enforcement action was taken against the TMO in the reporting period.
LFB considered serving an Enforcement Notice on RBKC and the TMO in relation
to non-compliance with the Regulatory Reform (Fire Safety) Order, however, this
was averted and a way forward acceptable to all parties was found and is being
implemented as outlined at 7.1.

13. OCCUPATIONAL HEALTH

13.1 In the reporting period the contract via RBKC with the Occupational Health Service
based at St Marys Hospital ended and a new contract for Occupational Health
Services was taken up with Benenden. The success of this will need to be
evaluated but initial impressions are favourable. (This contract provides all staff
with a range of services including pre-employment screening, TB immunity
assessments and vaccinations, flu vaccinations and occupational assessments of
employees with ill-health.)

14. COUNSELLING IN COMPANIES EMPLOYEE ASSISTANCE PROGRAMME

14.1 For a number of years the TMO has had a contract with the Counselling in
Companies (CIC) to provide confidential counselling to any employee who feels
they would like support from a professional counsellor. This service is available
during normal working hours and employees are able to self-refer by ringing a
freephone. In the reporting period this service was enhanced and re-launched as
an Employee Assistance Programme and now offers many additional benefits to
employees such as access to legal, financial and tax advice, debt advice,
assistance with everyday matters like finding a Doctor, passport and Visa advice
etc. Details of this service can be found on the TMO Intranet.

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15. ACCIDENT & VIOLENT STATISTICS

15.1 Accidents

15.1.1 The Health & Safety Team investigate all reported accidents and dangerous
occurrences. Specifically, employee accidents, accidents involving contractors
carrying out work on our behalf in or around our properties and those involving
residents or their visitors within the communal areas of our estates. The
investigation aims to identify the cause of the accident and any action necessary to
prevent a recurrence. Employees are encouraged to report all accidents /
dangerous occurrences and are advised of the Reporting Procedure a copy of
which is available on the TMO Intranet.

15.1.2 Appendix C attached provides a breakdown of the number of accidents and


dangerous occurrences reported to us in this reporting period (April 09 - March 10).
Statistics for the previous reporting period have been included to give a
comparison.

15.1.3 The total number of accidents reported was 25 of which only 6 involved employees,
13 involved residents (8 sheltered residents), 3 involved contractors, 2 members of
the public and 1 visitor. No working days were lost indicating that all employee
accidents were of a relatively minor nature. Information on contractor days lost as a
result of the two reported accidents is not available. Of the previous years 19
accidents (no employee working days lost), 6 related to sheltered residents having
accidents within their home. (Community Officers are encouraged to report these
so that any decline in the capabilities of the sheltered residents can be highlighted
and the appropriate level of care / support is sought.) Excluding these accidents in
sheltered dwellings the total number of accidents this year is slightly higher
although there appears to be no significant trend in either direction, the higher
number being most probably the result of better reporting and completion of
accident forms for the minor incidents.

15.1.4 As with last years report, only two accidents were reported to the Health & Safety
Executive in this period. Both accidents this reporting year involved contractors
one accident involved a labourer tripping on a paving slab whilst pushing a ladder
up an access scaffold, resulting in a chipped bone in the ankle. The other accident
was a slip which occurred in a paladin bin store whilst attempting to clear a blocked
chute, a twisted knee was sustained and this is currently the subject of an
insurance claim.

15.1.5 In conclusion, with the exception of the two contractor accidents outlined above, all
were relatively minor. Fortunately the minor accidents tended to result in low-level
injuries - cuts, bruises and abrasions.

15.2 Violent Incidents

15.2.1 TMO procedures require employees to report all incidents of abuse, threatening
behaviour or assault that they have been subjected to in the course of their work.
This is imperative to help ensure staff safety by:

highlighting risky locations so that appropriate precautions can be taken and

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allowing action to be taken against the perpetrators.

15.2.2 There are a number of actions that can be taken against perpetrators depending
upon the severity of the incident, any history of abuse, the views of the officer who
has been assaulted, view of legal services etc. These actions range from writing a
warning letter to the individual, obtaining an Injunction against them approaching
employees / TMO offices, a Notice of Seeking Possession etc.

15.2.3 The TMO maintains a Violent Incident Report spreadsheet where high risk
addresses are stored alphabetically by property and so information can be very
easily retrieved. This is held on the intranet and is available to all employees. In
addition, the computerised Repairs system incorporates a warning indicator on the
screen to highlight these high risk addresses where residents are known to have a
history of abuse. The information held on both systems is generally gathered from
employees completing and submitting Violent Incident Reports when they have
been subjected to abuse or threats. However, we also, occasionally, receive
information from other reputable sources (in particular the Police) and this is also
recorded. This enables employees and contractors to assess what precautions are
required when visiting these individuals in the future.

15.2.4 Within this reporting period the TMO received fifty-two reports of abuse whereas in
the previous year this figure was only thirty-eight. However, the number reported by
employees, at thirty-six, shows an increase of eleven from the twenty-five incidents
reported last year. The number of incidents reported by contractors has remained
static at six for this year, the same as last year. Of the remaining fourteen incidents
which account for the increase from last year, seven of these were from two
residents, and the rest are attributed to better reporting from staff.

Of the violent incidents involving staff

there was one physical assault


55% of the incidents reported by employees were categorised as verbal and
threatening and 36% verbal. This shows a significant decrease from last year
when 84% fell into the verbal & threatening category.
These were split between abuse on the telephone, abuse at a TMO reception
area and employees abused whilst visiting estates with no particular trends
being evident.

15.2.5 There is still cause for concern at the volume of incidents experienced by
employees. The H&S Committee will continue to monitor these incidents and keep
the Executive Team informed. Where necessary the H&S Committee will make
recommendations for action to reduce the scale of abuse against staff.

16. H&S AUDIT

16.1 In the reporting period the Councils Internal auditors were commissioned to carry
out a high level review of TMO Health & Safety. This was to cover Corporate
Health & Safety, Electrical Safety, Asbestos and Legionella Management.
Operational responsibility for these areas of work is currently split between the

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TMO Health & Safety Team and the Asset, Investment and Engineering Team and
so the resultant Action Plan has identified responsibilities for both teams.

16.2 Whilst the works were commissioned and started in the reporting period the final
Report has only recently been received and so details will be provided in the next
Annual Report. However, can confirm that the overall rating given was one of
Satisfactory Assurance.

17. HEALTH & SAFETY OBJECTIVES FOR 10/11

17.1 In previous years the Annual Report has included a Health & Safety Action Plan
identifying the areas of work in the coming twelve months and giving
them a degree of priority. This year the ongoing operational risks are set out
below.

Ongoing health & safety risks faced by the TMO

17.2.1 All companies face a number of ongoing health & safety risks and the TMO is no
exception. The majority of the areas of potential high risk and the measures being
taken to reduce these risks have been set out earlier in this report. In particular,
our main areas of concern include:

exposure to asbestos where contractors or residents could inadvertently drill into,


sand or abrade asbestos containing material (ACMs) causing damage to it and
potentially exposing themselves and anyone else in the vicinity to airborne
asbestos fibres. Measures to reduce the likelihood of this are set out in our
Asbestos Policy Statement (available on the intranet). Additionally, our systems for
sharing information with our contractors on the location of ACMs in the housing
stock are to continue with the advent of Keystone which replaces Academy as our
asbestos database. Specifically, the computerised repairs system is being modified
to allow the Job Ticket (which is generated for each repair order raised) to continue
including information on the location of ACMs at the property. This will continue to
give the contractor accurate information in advance of carrying out any work.

fire safety despite the measures (outlined at 7. above) that we are taking to
improve the fire safety of people and property, this will continue to be an area of
potential risk for the TMO. It is essential that we continue to give priority to the
communal fire risk assessments and specifically to progressing the high priority
recommendations as a matter of urgency. Additionally, however, it is important that
we maintain a high level of inspections etc. to maintain our blocks as hazard-free
as possible, that we review our smoke alarm policy to ensure that we maximise the
installation of these units across the stock and that we continue to publicise fire
procedures and identify residents with special needs and work with them to
establish a specific Personal Emergency Evacuation Plan (PEEP) to ensure their
safety is protected.

contractor management although we have adopted the Contractors Health &


Safety Assessment Scheme (CHAS) and insist that all of our contractors are
CHAS-accredited or equivalent (LAPN cannot insist on CHAS as this could be anti-

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competitive but they can ask for equivalence) there is a need to ensure that this is
also consistently being applied to all sub-contractors. Additionally, there is a need
to ensure that the next stage of health & safety vetting i.e. contractors method
statements and risks assessments are being rigorously vetted by all contract
administrators and all officers commissioning works.

gas safety (including exposure to carbon monoxide) the sustained efforts of the
TMO engineers and our gas contractors in recent years has led to us achieving
very nearly 100% (99.6%) access again for gas servicing. This combined with our
programme of replacing old and higher risk gas appliances has reduced the risk in
this area considerably. However, it is important that we maintain this level of
access and compliance. It is hoped that now that the Council have given delegated
authority to the TMO to enable us to make use of the Environmental Protection Act
to obtain warrants for access in cases of persistent non-access and we will
imminently be instigating this that the access process will be streamlined and
hopefully access rates improved accordingly.

water quality & water temperatures we have a policy statement setting out our
approach to managing the risk from our water systems which we are adhering to.
This confirms our risk-based approach and we have now completed water quality
risk assessments in relation to all communal stored water and these are being
reviewed on a two-yearly basis. Additionally, our programme of annual water
sampling and visual inspections of all communal tanks continues and maintenance
regimes are in place at all sheltered and temporary Accommodation (i.e. all Priority
One properties). Finally, the programme of tank replacement is planned for the
coming reporting period and the potential risk from legionella is therefore
considered to have reduced considerably.

emergency planning in major emergencies the Councils emergency plan is


activated. However, for more minor emergencies which specifically affect our
blocks the TMO has its own emergency plan. The roles and responsibilities of
employees currently involved with the TMO Emergency Plan have been reviewed,
the Plan updated and the cascade revised accordingly. The out-of-hours call
handling service has now been outsourced to a contractor. Our Duty Officer liaises
closely with this contractor and they are responsible for activating the cascade
should this be necessary. A rota of staff who are available to offer technical advice
to duty officer etc. has been set up and this has been quite an effective addition to
the existing out of hours arrangements.

accidents we require 6-monthly inspections to be undertaken of all workplaces


and regular risk assessments of all workplaces and work activities to be carried
out. These should identify any defects and unacceptable levels of risk and an
action plan be produced to identify how these risks can be controlled e.g. any
necessary health & safety training, new or revised procedures, provision of plant /
equipment / protective clothing etc. These risk assessments must be reviewed
regularly and take account of any new activities, new procedures / regulations or
when new employees start. Despite these efforts accidents are not always
foreseeable and so they will always present an area of risk.

violent incidents - the measures taken to prevent employees being exposed to


violence or abuse are set out at 14.2 above. However, this is also an area over

- 51 -
which we do not have complete control. We endeavour to advise employees about
addresses known to present a risk and, in these cases, measures can be taken to
reduce the level of risk such as visit in pairs. However, we can only warn staff
about the risky addresses of which we are aware. In order to improve information
available to us and extend greater protection to our employees we are working
more closely with the Police and also the Council to share information. This work is
ongoing.

lone working this remains an area of potential risk. Lone Working Guidelines are
available and regular lone work training courses are run in-house by the Suzy
Lamplugh Trust. It is important to ensure that all necessary lone working risk
assessments have been carried out and documented for staff who need them so
that any specific concerns / issues can be highlighted and addressed. A tracker
system to enhance lone worker safety is being trialled by the Community Alarm
Service. If successful, the possibility of extending this to other areas will be
investigated.

out of hours working this is another area of potential high risk as often staff and
contractors who attend out of hours call-outs are visiting alone. They are,
therefore, subject to the usual lone working risks but these are potentially
enhanced by the fact that they are visiting at night time in darkness and often
unfamiliar estates / blocks. The risk assessments for this work are to be reviewed
and the possibility of visiting in pairs considered as part of the various reviews that
are being undertaken. (Again if the tracker system works out well this could be
introduced to out of hours visiting staff.)

Window safety the TMO drafted a window safety policy in the reporting period
which was approved by the Operations Committee. The Asset, Investment and
Engineering Team will be drafting a design brief to supplement this Policy which
will give more practical guidance to technical officers involved in window
replacement programmes etc. This policy was based upon advise of legal Counsel
and was welcomed by the Operations Committee who acknowledged that this was
an important step towards ensuring a safe and consistent approach is applied in all
matters of window repair, refurbishment and replacement

18. CONCLUSION

18.1 A significant amount of health & safety work has been successfully undertaken in
the reporting period and it is anticipated that this will continue. The TMO
acknowledges the need for continuous improvements to all aspects of Health &
Safety Management. This involves the constant review of policies and procedures,
implementation of new legislation, improved techniques of risk control etc. and
providing a brief account of the Companys performance in the annual Health &
Safety report.

Janice Wray

- 52 -
TMO Health & Safety Adviser

July 2010

- 53 -
APPENDIX A
TMO Health & Safety Policies & Procedures
Last reviewed Next Review Due
TMO Health & Safety Policy Statement 05/09 Qtr1/2 2010

TMO Gas Safety Policy & Procedures 01/10 Qtr4 2011

TMO Policy Violence against staff under review Qtr2 2010

Procedure for Reporting Violent Incidents (& Report Form) under review Qtr2 2010

TMO Policy on Asbestos 01/10 Qtr4 2010

Risk Assessment Guidance 06/05 When Regns update

Risk Assessment Checklist 06/05 as above

Procedure for Reporting Accidents 06/06 Qtr2 2011

TMO Window Safety Policy 03/10 Qtr4 2010

First Aid Policy 01/07 Qtr3 2010

Water Quality Policy Statement 01/10 Qtr1 2011

Customer Services Centre Health & Safety Agreement 07/06 at Unison request

Lone Working Policy 07/06 Qtr 2 2011

- 54 -
Lone Working Guidelines 03/07 Qtr3 2011

Procedure for staff who visit estates lone working guidelines 02/06 Qtr3 2011

Smoke Alarm Policy 05/06 Qtr4 2010

Policy for specifying Safety Glazing 07/06 when Regns change

Procedure for Estate Inspections 07/06 Qtr3 2011

Eyesight Test Entitlement for DSE Users 07/06 when allowance increases

Fire Marshal Guidance 03/10 Qtr2 2011

Lift Safety Policy 03/07 Qtr1 2012

Lift Release Procedure for trapped passengers 07/06 Qtr1 2012

Procedure for dealing with hypodermic syringes 07/06 Qtr3 2011

Counselling Service Counselling in Companies (Questions & Answers) 03/06 if contract changes

TMO Emergency Plan 02/10 Qtr1 2010

TMO Construction H&S Handbook 08/09 when Regns change

TMO Estate Staff H&S Handbook 09/04 obsolete??

Bomb Procedures various locations 05/06 Qtr3 2010

- 55 -
Fire & Emergency Procedures various locations 03/10 Qtr4 2010

DSE Assessment Proforma 01/08 Qtr4 2011

Accident Report Form 03/06 Qtr3 2010

First Aid Treatment Form 03/06 Qtr3 2010

Violent Incident Report Form 09/09 Qtr4 2010

Risk Assessment Proforma 05/09 Qtr4 2010

- 56 -
APPENDIX B

Health & Safety Training 2009/10

NUMBER OF NUMBER OF
COURSE TITLE
COURSES ATTENDEES

1-2-1 H&S Induction 4

TMO Induction Courses 1 8

Fire Safety Awareness / fire marshal training 4 47


Fire Safety Personal Evacuation Planning for
1 5
less able-bodied staff
First Aid at Work (4-day) 0 0

First Aid Appointed persons (1 day) 0 0

First Aid at Work refresher (2-day) 2 10

Lone Worker training Suzy Lamplugh 2 19

General Risk Assessor Courses 1-day 1 10

DSE Assessor Courses half-day 2 12

155 employees

- 57 -
AP
PENDIX
C

1. Accidents from 1/4/09 to 31/3/10 - Types of Accident

Employees Contractors Residents & TOTAL


the public
08/09 09/10 08/09 09/10 08/09 09/10 08/09 09/10
Manual Handling 2 2
Slip, Trip, Fall 4 2 2 4 9 7 13
Exposure to asbestos
Struck by moving object 1 0 3 5 4 5
Struck by fixed object 2 2 0
Exposure to harmful 2 2 0
substance
Animal / insect bite
Road Traffic Accident
Electricity
Exposure to high / low 1 1 0
temperatures
Acute / chronic illness 2 1 3
Use of Work Equipment
Other / damage only 1 2 1 2 2
Near miss 1
TOTAL 7 6 1 3 11 * 16 19 25

* This figure includes 8 accidents involving sheltered residents within their own home in
the 09/10 reporting period. These are reported so that any decline in their capability
can be detected.

2. Accidents from 1/4/09 to 31/3/10 - Resultant Injuries

Employees Contractors Residents & TOTAL


the public
08/09 09/10 08/09 09/10 08/09 09/10 08/09 09/10
Death 1 1 1 1
Cuts / bruises /abrasions 1 2 4 10 5 12
Strains & Sprains 1 1 1 1 1 3
Burns or scalds 1 1 0
Eye Injury 1 1
Hearing loss
Skeletal injury 4 1 1 2 1 7 2
Unconsciousness 1 1
Electric shock
Allergic reaction
Occupational disease
Stress
Illness

58
Other 1 2 2 1
No injury 1 2 3 2 4
TOTAL 7 6 1 3 11 16 19 25

59
Agenda item 11
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED

Open

For noting

Board
30th September 2010

Report title: Fire Risk Assessments

Authority for decision: The Board retains responsibility for all


statutory requirements.

Recommendations: Then Board note the report

Regulatory/legal requirements: For the purposes of the Regulatory


Reform (Fire Safety) Order 2005
RBKC and the TMO are considered
to be responsible persons and as
such must ensure that suitable and
sufficient fire risk assessments are
carried out in the communal areas of
all the residential blocks.

Business Plan link: Developing organisational competence


& keeping our residents and customers
centre stage

Equality Impact Letters to residents outlining the


Assessment/comment: evacuation strategy and the main
findings of the FRA will be offered in
the core languages.

Resident consultation: See section 9.

Resource implications/VFM None.


statement:

60
Risk: Risk management is the subject of the
report

Appendices: None.

Total number of pages including 6


appendices:

Name, position and contact details Lornette Pemberton, Director of


of author: people and Organisational
Development,
lpemberton@kctmo.org.uk,
02076056334

61
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED

TMO BOARD 30th SEPTEMBER 2010

REPORT BY JANICE WRAY - HEALTH AND SAFETY ADVISOR

FURTHER UPDATE ON FIRE RISK ASSESSMENTS

1. Purpose of the Report

1.1 The purpose of this report is to update the Board on further


progress made with the Fire Risk Assessment Programme
since the previous report in July 2010.

1.2 Board is asked to note the timetable for appointment of a


Consultancy partner to carry out the programme of Medium
Risk Assessments and RBKCs commitment to funding this
programme.

1.3 Board is asked to note that the London Fire Brigade have now
provided a written response confirming that they will not be
taking enforcement action at this time despite our inability to
complete all the necessary fire safety work by the timescale
set out in the Deficiency Notice.

1.4 Board is asked to note that the Operations Committee will be


updated on progress with programming of the repair /
replacement of front entrance doors etc. and the costs of
works progressed to date at their next meeting.

FOR INFORMATION

2.0 Introduction

2.1 For the purposes of the Regulatory Reform (Fire Safety) Order 2005
RBKC and the TMO are considered to be responsible persons and as
such must ensure that suitable and sufficient fire risk assessments
are carried out in the communal areas of all the residential blocks.

3.0 Progress with High Risk Fire Risk Assessments

62
3.1 The Board has previously been advised of the risk-based approach to
carrying out fire risk assessment that the TMO adopted with the
agreement of RBKC and the London Fire Brigade (LFB). The specialist
Fire Consultant, Salvus Consulting, successfully completed the
programme of Fire Risk Assessments (FRAs) at all high risk blocks in
late March 2010 within the agreed six month timescale.

3.2 We now have a comprehensive Action Plan for each of the one
hundred blocks each of which received an overall risk rating of
normal - setting out the Consultants recommendations in a prioritised
(colour-coded) way thus enabling us to target the highest priority works.

4.0 Proposed approach to the Medium Risk Fire Risk Assessments

4.1 Following evaluation of the high risk programme by TMO and RBKC
Officers it was agreed that we should seek to appoint a Consultancy
Partner to carry out the medium risk programme following further
competitive tendering and that Salvus Consulting would be included on
the tender list.

4.2 Unfortunately, several factors contributed to there being a slight delay


in the proposed timetable for competitive tendering and appointment of
a successful consultant. However, this process is now firmly back on
track and at the time of writing this report we await imminent return of
the completed tenders. The specific timetable is set out below

Issue Consultants Brief 6th August 2010


Consultants quotations Brief 27th August 2010
Consultants interviews w/c 6th September 2010
Consultants Services commence late Sept / early October

4.3 This timetable has been adhered to and TMO and RBKC officers
agreed unanimously that one consultant offered the best quality and
also the most competitive price. RBKC have confirmed their agreement
to our proposal to appoint his consultant and their commitment to
resource this medium risk assessment programme. Therefore, this
Consultant is currently being appointed.

5. On-going liaison with and Feedback from the LFB

5.1 As outlined in previous reports there has been extensive and on-going
negotiation between RBKC, the TMO and the Fire Brigade on the issue
of fire safety. All parties are keen for this dialogue to continue. Board
and the Operations Committee has previously been advised of
progress in our discussions with the LFB.

5.2 In particular the Operations Committee had been advised of the


Deficiency Notice which was served in relation to fire safety actions
required at Trellick Tower and of the TMOs proposed response to this.
Committee members had expressed concerns that, despite our best

63
efforts, the extent of the works means that we will not be able to
complete these within the timescale set by the LFB in the Deficiency
Notice. Whilst the Consultants have worked closely with the LFB and
explained in detail how each action is to be addressed, the likely
timescale etc. - Committee members had requested that we seek
specific written approval from the LFB for an extension of the timescale
set out in the Deficiency Notice.

5.3 On the 16th July we received an e-mail from the LFBs local Fire Safety
Officer accepting that as it was evident that we were progressing these
works and taking into account their scale and that fact that it was
clearly our intention to complete them as soon as possible, that the
LFB would not be taking enforcement action at this time.

5.4 Additionally, it should be noted that we are currently looking to


schedule a meeting with the LFBs Fire Safety Team in advance of the
medium risk programme commencing on site. Specifically, it is our
intention to introduce our new Consultant, seek their approval for the
approach he is proposing to adopt and the proforma he is planning to
use.

6. Progressing works required by the Fire Risk Assessments

6.1 Progress continues to be made with the recommendations set out in


the Action Plans and more staff resource has now been allocated to
this aspect of the work. Additionally, the importance of this work and
the need for staff to prioritise has recently been re-iterated to staff.

6.2 Information is becoming available from the stock condition survey


which is increasing our knowledge of the condition of flat entrance
doors and is helping us to identify where work programmes will be
required to upgrade / replace doors to ensure that they meet the
necessary standards in relation to fire resistance, self-closure etc.
Additionally, initial meetings have been held with framework
contractors who may be able to action these work programmes. It is
anticipated that more specific information on this will be available for
the next meeting of the Operations Committee.

6.3 It is also worth noting that the annual fire safety training that estate staff
took place in early September and the course content was amended to
take account of the issues that the FRAs are flagging up. Specifically,
this included a practical element where the trainer reinforced with the
staff the important fire safety issues they need to include in all of their
regular inspections.

7. Financial and Risk Issues

7.1 The aim of the legislation is to ensure that residents are not exposed to
unreasonable levels of fire risk and to ensure that in the event of a fire
in their flat they should be able to evacuate safely from the block.
Clearly where FRAs are not carried out or where works identified to

64
comply with the legislation are not progressed (or at least effective
interim measures put in place temporarily) this could result in an
elevated level of risk not only to residents but also to staff, contractors
and any firefighters who attend to deal with a fire.

7.2 The FRA programme for the potentially high risk blocks was funded by
RBKC and they have now confirmed their commitment to funding the
medium risk programme. At this stage it is not possible to estimate the
cost of any works necessary to ensure buildings are compliant but work
is being undertaken to estimate the cost of works instigated to date.
Again it is anticipated that this will be available for the next meeting of
the Operations Committee.

8. Legal Issues

8.1 As outlined above, to comply with fire safety legislation specifically


the Regulatory Reform (Fire Safety) Order 2005 responsible
persons must ensure that suitable and sufficient FRAs are carried out
in the communal areas of all residential blocks. In our case
responsible persons are the TMO and RBKC.

8.2 Failure to comply could result in residents being exposed to an


elevated fire risk. Additionally, the TMO and RBKC would leave
themselves exposed to enforcement action being taken by the LFB,
bad publicity etc.

9. Communication and Resident Engagement


9.1 With the medium risk programme it is our intention to adopt the same
approach to advising residents by letter in advance of the FRA on their
block. This letter will provide contact details for the Consultant and also
for the TMO Health & Safety Team so that residents with queries can
make contact. (Additionally, all Fire Risk Assessors will continue to be
required to wear photographic identification.)

9.2 On receipt of the FRA report the TMO will write to the residents at each
block re-iterating their specific evacuation procedure and outlining the
main findings of the assessment.

9.3 Fire safety information and details of the FRA programme has been
included in a number of recent editions of TMO Link.

10. Equality Impact Assessment


10.1 Letters to residents outlining the evacuation strategy and the main
findings of the FRA will be offered in the core languages.

11. Conclusion and Recommendation


The Board is asked to note

11.1 the further progress made with fire risk assessments since the previous
Board meeting in July

65
11.2 to note the timetable for appointment of a Consultancy partner to carry
out the programme of Medium Risk Assessments and RBKCs
commitment to fund this programme

11.3 to note that the London Fire Brigade has now provided a written
response confirming that they will not be taking enforcement action
at this time despite our inability to complete all the necessary fire
safety work by the timescale set out in the Deficiency Notice

11.4 the intention to provide the Operations Committee with detail on


progressing programmes of work, costs of remedial works to date etc.

JANICE WRAY
HEALTH & SAFETY ADVISOR

LORNETTE PEMBERTON
DIRECTOR OF PEOPLE & ORGANISATIONAL DEVELOPMENT

66

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