Professional Documents
Culture Documents
TMO Board
Action by
1. Declarations of interest
1
The minutes of the meeting held on 17 June were agreed and
signed as a correct record.
3. Matters Arising
2
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.
Yvonne Birch presented the performance report for the first quarter
of 2010/11, April June:
4
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
5
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.
6
indicated by the colour of the shading i.e. green, amber.
7
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
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
8
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.
The Board noted the forward plan for the next quarter.
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.
The Board would also be formally advised that the away day
scheduled for 15 September would be deferred until November. CHS
9
15 Date of next meeting
RB/JDC
3.8.10
10
AGENDA ITEM 4
Open
For information
Recommendations:
The Board note the report.
Appendices: 1
11
Name, position and contact details of Anthony Parkes
author: Director of Financial Services
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.
3.1 TMO excluding Lancaster West - Forecast (113k) deficit against a budget of 35k
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.
12
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.
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.
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.
13
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.
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.
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.
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.
5.1 Fixed Assets- Increase of 312k. This is attributable to the capital investment
associated with the EDMS and Office move projects.
14
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.
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%
6.2 Expenditure:
15
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.
6.2.5 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.
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.
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
16
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
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
Appendices: N/A
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
DIGITAL TV INSTALLATION
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
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).
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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.
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.
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
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potentially be required to mitigate site installation difficulties that could arise during
installation.
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.
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.
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.
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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.
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Agenda item 8ii
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED
Open
For decision
Board
th
30 September 2010
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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.
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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.
2.3 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
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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)
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.
4.1 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.
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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
Mailshot includes:
Cover letter re election
TMO election Link special with candidates
details
Ballot and proxy forms
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
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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
All Resident Board Members are requested to inform the Company Secretary by 20th
October 2010 if they wish to volunteer to retire.
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APPENDIX 1
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.
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;
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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
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.
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6 Canvassing
Candidates may:
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:
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 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
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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.
APPENDIX 2
Extracts from Board papers and minutes relating to succession planning
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
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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:
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.
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.
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8th October 2009- paper outlining schedule of retirements
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.
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.
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Agenda item 10
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED
Open
For noting
Board
th
30 September 2010
Appendices: None.
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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
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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.)
2.1 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,
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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.
3.1 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
3.2 This policy can be obtained from the Health & Safety Team and a copy is also available to
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.
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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
4.2.1 Other areas of work which were identified in the Action Plan 08/09 and have now
been successfully completed are
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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:
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
7. FIRE SAFETY
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:
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.
7.2.1 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.
7.3.1 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.
8.1 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
9.1 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.
10.1 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.
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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.
12.1 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.
13.1 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.)
14.1 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.
15.1.3 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.
15.2.1 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:
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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.
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.
16.1 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.
17.1 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.
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:
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.
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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.
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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
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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
Procedure for Reporting Violent Incidents (& Report Form) under review Qtr2 2010
Customer Services Centre Health & Safety Agreement 07/06 at Unison request
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Lone Working Guidelines 03/07 Qtr3 2011
Procedure for staff who visit estates lone working guidelines 02/06 Qtr3 2011
Eyesight Test Entitlement for DSE Users 07/06 when allowance increases
Counselling Service Counselling in Companies (Questions & Answers) 03/06 if contract changes
- 55 -
Fire & Emergency Procedures various locations 03/10 Qtr4 2010
- 56 -
APPENDIX B
NUMBER OF NUMBER OF
COURSE TITLE
COURSES ATTENDEES
155 employees
- 57 -
AP
PENDIX
C
* 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.
58
Other 1 2 2 1
No injury 1 2 3 2 4
TOTAL 7 6 1 3 11 16 19 25
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Agenda item 11
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED
Open
For noting
Board
30th September 2010
60
Risk: Risk management is the subject of the
report
Appendices: None.
61
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
TENANT MANAGEMENT ORGANISATION LIMITED
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.
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.
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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.
4.1 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.
4.3 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.
5.1 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.
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.
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.
7.1 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
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.
11.1 the further progress made with fire risk assessments since the previous
Board meeting in July
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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
JANICE WRAY
HEALTH & SAFETY ADVISOR
LORNETTE PEMBERTON
DIRECTOR OF PEOPLE & ORGANISATIONAL DEVELOPMENT
66