Housing Scrutiny Sub-Committee 27 March 2012

Transcription

1 b Housing Scrutiny Sub-Committee 27 March 2012 Asbestos Commission Update All Wards Report authorised by: Executive Director Housing Regeneration and Environment Sue Foster Executive summary The Council s Asbestos Scrutiny Commission first reported to HSSC in February 2010 and this report made a number of recommendations. The recommendations were transcribed into an action plan and progress on the Asbestos in Housing Refurbishment Action plan was first reported to HSSC in September This report provides a further update on progress. Summary of financial implications There are is a financial commitment of 5,000 for the management fee levied by the Brent Housing Partnership for permission for Lambeth Living to buy into their Asbestos Consultancy Framework. Recommendations That members note the progress being made to implement the action plan.

2 Consultation Name of consultee Internal Rachel Sharpe Department or Organisation Date sent Date response received Divisional Director Housing (For ED HRE) Paul Cooper Assistant Director Strategy and Regeneration Greg Carson Governance and Democracy Hamant Bharadia Interim Assistant Director Finance Frank Higgins Corporate Finance Claire De Vos VAMS Councillor Lib Peck External Paul Munday Cabinet Member for Housing Director Property Services, Lambeth Living Liz Ferrier Head of Health and, Lambeth Living Comments appear in report para: Report history Date report drafted: Report deadline: Date report sent: Report no.: /11-12 Report author and contact for queries: Clive Wilson, Housing Investment Manager Background documents Council Asbestos Scrutiny Commission report HSSC February 2010 Asbestos Commission Update HSSC 21st September 2010 Appendices 1. Updated Asbestos in Housing Refurbishment Action Plan

3 Asbestos Commission Update 1. Context 1.1. The report attached at appendix 1 provides an update on the actions set out in the Lambeth Asbestos Scrutiny Commission report. The last progress report was submitted to HSSC in September Asbestos register All data on asbestos within Lambeth housing properties is now entered onto the Housing Asset Management Database, Lifespan. This database is updated with any works carried out to asbestos in properties At the present time access to the Lifespan database is restricted and the database is not linked to the Housing Management IT system, SX3. This provides some limitations on Lambeth Living staff and contractors accessing information on asbestos in properties before carrying out scheduled work. The Council is currently assessing the functionality of the Lifespan database and considering the option of developing Lifespan so that it links with SX3, or buying a new database system which already has this functionality Consideration is also being given to the possibility of utilising the database or at least the same software as Corporate buildings and schools, which has an integral compliant asbestos register module. It is understood that the corporate Technology Forge database can be interfaced with SX3 and has web access facilities Given the importance of reaching a decision on the Housing Asset Management Database in a number of service areas a deadline of May 2012 has been set to agree the way forward In the meantime Lambeth Living holds an asbestos register for all properties, that mirrors the lifespan data and can be accessed by all Lambeth Living staff and contractors through a bespoke web portal. This is an interim measure to be kept in place until the imitations of the existing asset management database are resolved. 3. Asbestos Surveys The Council currently does not have a compliant asbestos register for all premises, including corporate buildings, schools and residential housing stock. In 2010 it was agreed that a corporate procurement exercise would be undertaken to appoint UKAS accredited asbestos consultants to undertake a review of the surveys currently held by the Council, and to provide new and updated surveys to form compliant registers for all premises The procurement finalised in October 2011, with the appointment of one consultant for all survey works. Unfortunately, in February 2012, the consultant withdrew from the Lot 6 contract relating to asbestos consultancy services for

4 Lambeth Living and URH residential premises as they were unable to resource the programme requirements Currently, asbestos survey requirements are being managed through an ad hoc arrangement by Manestream who is contracted to one of the principle contractors delivering project works. The programme of required management surveys and re-inspections is not being progressed With the recognition that there are specific requirements relating to the Council s landlord duties, immediate action has been taken to find an alternative arrangement for the provision of asbestos surveys for the residential portfolio. The Council has approached the Brent Housing Partnership (BHP), who has a framework to provide asbestos consultancy services, and is specifically designed for other ALMO s to use. BHP is willing to permit the Council to use the framework for a one off management fee of 5, The framework offers the ability to call off a survey programme, and ad hoc surveys as required from three accredited asbestos consultants against tendered rates. It would be proposed that each of the consultants be appointed to one of the existing Lambeth Living areas, to divide the overall programme of asbestos surveys into three, which should assist in the delivery of the asbestos survey programme to the timescales demanded The proposal has been approved in principle by HRE procurement colleagues as falling within the Council s procurement guidelines and on this basis, it is proposed to take this solution to Procurement Board by the beginning of April, with an anticipated commencement date by the end of April The framework commenced in February 2011 and is for four years. Once the Council has formally bought into the framework arrangement, clearly the decision can then be taken whether to re-procure this service immediately, or continue with the framework to the end of the term in January BHP is keen to work with Lambeth Living and would extend an offer of future collaborative working on procurement and contract matters. 4. Finance Comments 4.1. There is a financial commitment of 5,000 for the management fee levied by the Brent Housing Partnership for permission for Lambeth Living to buy into their Asbestos Consultancy Framework. 5. Comments from Director of Governance and Democracy 5.1. Landlords have responsibilities for asbestos under two sources of legislation. The Defective Premises Act 1972 addresses responsibilities within a domestic property, however, the landlord s duty of care under section 4 of that Act will only be breached where there is a failure by the landlord to maintain or repair the property. The Environmental Protection Act 1990 defines statutory nuisance as any dust likely to cause injury to the public and therefore exposing persons to asbestos dust could be a statutory nuisance.

5 5.2. The Control of Asbestos Regulations 2006 imposes responsibilities on the employer as duty holder with respect to the external and communal areas of multiple-occupation dwellings. These duties include the duty to manage asbestos in non domestic premises, to identify the presence of asbestos, to carry out risk assessments and to prevent or reduce the exposure of employees to asbestos etc. 6. Results of consultation None specific to this report 7. Organisational implications None 8. Equalities impact assessment: None 9. Community safety implications: The provision of an effective system for managing and minimising risks from asbestos has significant implications for community safety 10. Environmental implications: The provision of an effective system for managing and minimising risks from asbestos has significant implications for improving the environment 11. Staffing and accommodation implications: None 12. Any other implications: None 13. Timetable for implementation As set out in the appendix

6

7 Appendix 1 Actions Recommendation 1. The Commission acknowledges with grateful thanks the efforts of Jean Haley, Central Hill resident and chair of the local Residents Association, for her work and tenacity in getting the issue of asbestos within domestic council premises taken seriously and moving the issue up the agenda for the benefit of all Lambeth residents. No further action required Recommendation 2. An agreed policy process needs to be developed that will enable residents access to the register. Procedure in place but additional development on this topic is required. Appointment of qualified and competent Asbestos Adviser within the LL and Health Team The perm role has been appointed Completed Head of Health and The Asbestos Adviser is heavily monitoring activities of Hyder Asbestos Consultants to ensure surveys conducted are suitable and sufficient and value for money Improved standard of asbestos information coming into LL. Local management plans are in the process of being rolled out to Hostels Completed Hyder contract completed and are no-longer providing services Head of Health and

8 Actions A contract extension for the asbestos consultancy Hyder is being drawn up until full ongoing tender processes is completed Review of policy and procedures to ensure they address current guidance and CAR 2006 Reports to extend Hyder to continue the consultancy with improved standards and to finish off until the approved tendered asbestos consultant has been approved. This action has been delayed against Hyder demonstrating that they are prepared to work with Lambeth Living to improve the standard of reporting thus far. Payment is currently being withheld against suitable and sufficient surveying being achieved. The council led tendering process has been stalled and needs to be moved onwards with out further delay Revised procedures to be trained into works streams mostly as part of new contract arrangements Completed _ Hyder are no longer providing services. Revised proposal for buying into brent housing Partnership asbestos services now being considered. Day to day reactive and emergency surveying is being managed through interim arrangements via term contractors. Monitoring of existing asbestos in common parts has now fallen behind. Head of Health and Completed Head of Health and Work with new contract team to ensure procedures New procedures set to commence with new contracts Completed Head of Health and

9 Appointment of three new consultants for the delivery of the asbestos survey programme through the buy in to the Brent Housing Partnership framework Procurement approval to be sought in early April 2012, with a proposed commencement in late April 2012 April 2012??

10 Actions Recommendation 3. It is recommended that access to electronic information on the asbestos register for officers, contractors and consultants continues to be improved and that this information is made accessible in some form to tenants and leaseholders as soon as possible. A database solution has been provided but the data held requires professional interpretation before release. This is being supported by the Team and additional data base development is itemised below. As in Recommendation 2 above and: Establish accurate archetypical data collection programme Accurate archetypical data available on database Linked to Asset Management Strategy Completion due March 2013 Decision taken to survey individual properties in line with Lambeth Housing Standard works as well as using void availability Head of Health and Cleaned and trustworthy asbestos data mounted on a properly specified asbestos register database that is property related and integrated, and trusted to provide accurate information for LL officers and other Council enquirers Data held on new system and able to be accessed Due to timescales for full procurement and testing of Council wide system a robust interim is needed January Delayed due to ongoing discussions on appropriate It system. April 2012 Procurement of suitable Council wide integrated system Council have provided access to Life Span as an interim measure but full staff and contractor access is awaited. Data is currently mirrored on bespoke database managed by LL in order to allow staff and contactor access HRE Head of & Health

11 Actions Recommendation 4. The Commission agreed that the current Excel spreadsheet is not a suitable format for maintaining an effective asbestos database management system. It therefore recommends the prioritisation of an appropriate internet-based I.T. solution for the asbestos register that is effective in the collection and sharing of information on asbestos in Lambeth dwellings. The Commission also asks that: this recommendation be implemented by relevant officers in Lambeth Living; Lambeth Housing, Regeneration and Environment (HRE); and Lambeth ICT Services; the package must be compatible with SX3 or its upgrade; safe storage, back-ups and ownership of the data by Lambeth must be ensured to avoid future losses; and this internet-based I.T. solution should be in operation by end December 2009 As in Recommendation 3 above Recommendation 5. In addition to accessing the asbestos register prior to any works taking place, all contractors and officers across all sections of Housing and Lambeth Living (or other agents) on domestic housing projects, responsive repairs and maintenance, must use the asbestos specialists Hyder when undertaking surveys to ensure there is a consistent approach to inspection, and immediate reporting and recording of findings on the asbestos register. As in Recommendation 2 & 3 above and LL Asbestos Adviser to review procedures in line with new contracts to ensure that all procedures are clearly set and followed so that the resident is at lowest possible risk from asbestos Procedures take into full account the safety of the resident Completed Head of Health and

12 Actions Recommendation 6. The Commission agreed that the refurbishments contracts, particularly in dealing with issues that cause concern such as asbestos, must be much more resident-centred. It recommends that the Council and Lambeth Living develop guidance and mechanisms for consultation with occupants, resident associations, ward councillors, neighbours, and others at a suitably local level. This includes both prior to domestic refurbishment projects getting underway and for informing and dealing with their queries and concerns throughout the process. As in recommendations 2 and 3 above. Recommendation 7. The Commission agreed that communications for residents need to be improved and noted the production by other local authorities of good quality materials for communications on domestic asbestos and managing its risks, such as reader friendly leaflets, letters and internet sites. They recommend obtaining guidance about best practice communications in this area in conjunction with communications professionals and in consultation with residents by the end of December The documents produced require review and this will be undertaken as itemised below. The Asbestos Adviser is conducting further review of LL website to ensure contacts are appropriate. Build local management plans and re-circulate local information leaflet as appropriate. LL website holds accurate and easily accessible information. Local management plans established and asbestos presence advised to residents as appropriate residents encouraged to manage within their own homes. Guidance re-circulated as required Completed Included in repairs manual; handbooks and on website Head of Health & & Health to review New Tenant and Leasehold Handbook prior to distribution in April 2011 Publication contains accurate information for residents Completed Head of Health and

13 Actions Recommendation 8. Communications must go out to tenants and leaseholders in council-owned housing stock about the existence or potential existence of asbestos in their homes. This should be to both new and existing tenants and leaseholders, and then whenever there is a tenancy change. As Recommendation 7 above Recommendation 9. Consideration must be given to advise and support tenants and leaseholders who may wish to carry out DIY and other relevant projects in accessing the asbestos register and in obtaining asbestos surveys. This to ensure that they aware of the risks to themselves and those carrying out the works. There is information given on the Lambeth Living website but the items listed below are in development. & Health to review Leaseholder Handbook distributed in June 2010 and provide addendum as necessary Handbook contains accurate and clear asbestos information Completed Head of Health and Tenant DIY information also to be reviewed Tenant DIY information is accurate and clear Completed Head of Health and Actions Recommendation 10. The full communications strategy is to be developed within three months and reported back to Housing Scrutiny. A communication strategy has been enacted. The actions identified below are designed to ensure procedural reviews are communicated. & Health to review last newsletter and have input into next. If necessary interim communication will need to be produced. The information given to each resident must be consistent with the local asbestos management plan Newsletter is produced with clear and accurate asbestos information that is consistent with local management plan Completed Head of & Health

14 Actions & Health to ensure Leaseholder Handbook contains relevant information against asbestos Leaseholder Handbook has clear and accurate information against asbestos Completed Head of Health and Recommendation 11. The Commission has asked that the revised asbestos policies and procedures, along with the comprehensive training programme for officers and the requirements for contractors and their operatives, be returned to the Housing Scrutiny Sub-Committee for further review. As stated in Recommendations 2 & 3 above

15