Council Constitution

Part 3a - Terms of Reference and Scheme of Delegation

K. Executive Director (Community Services)

K1. Adult Services

1. The investigation of cases, and in consultation with the Borough Solicitor, the commencement of proceedings, appearances before a Court as appropriate, the making of applications and representations and the imposition of requirements in relation to any of the matters referred to the Cabinet Deputy (Personal and Community Services).
    
2. To take any action which is calculated to facilitate or is conducive or incidental to the discharge of Adult Services functions and to comply with requirements imposed by legislation.
    
3. To award Social Care contracts in consultation with the Cabinet Deputy (Personal and Community Services), Cabinet Secretary and one Opposition Group Member subject to compliance with Procurement Standing Orders.
   
4. To deal with complaints under the NHS and Community Care Act 1990 subject to a report of the proceedings of any of the Complaints Review Panel being submitted to the Cabinet Deputy (Personal and Community Services) for information.
    
5. The assessment and, if necessary, admission of persons to accommodation under the control of the Cabinet Deputy (Personal and Community Services) (including their transfer as appropriate to other accommodation), the management of such accommodation, the recovery of charges therefore and the adjustment of liability with any other local authority liable to provide the accommodation.
    
6. The making of arrangements with, or contributions to, non-statutory organisations and other local authorities providing residential or temporary accommodation.
    
7. The burial or cremation of the dead where no suitable arrangements have been made.
    
8. The administration of services for the welfare of sight and hearing impaired people, with mental health problems, people with disabilities, older people and carers including, in particular, the recovery (in consultation with the Borough Treasurer and Borough Solicitor) of such charges as may be determined from time to time by the Cabinet Deputy (Personal and Community Services).
    
9. The administration of concessionary travel schemes.
    
10. The making of arrangements for the temporary protection of property for persons admitted to hospital, etc.
     
11. The power to make application (in consultation with the Borough Solicitor) and to act as receiver of property for persons who, by reasons of mental health problems, are incapable of managing their own affairs.
     
12. The receipt into the Guardianship of the local authority of such people with mental health problems for whom this may be appropriate.
     
13. To administer the operation of an approved list of Residential Care and Nursing Homes and Home Support Providers to satisfy the Council’s obligations under the NHS and Community Care Act 1990, in relation to the purchasing and contracting of residential care under that legislation.
     
14. To set out and vary rents of properties managed by the Adult Services subject to the limit allowed by the Housing Benefit Scheme, on any decisions taken in this matter.
     
15. To add or delete from the Adult Services approved list of independent/private housing suppliers for the provision of accommodation for people with learning disabilities and the approved list of home care providers.
     
16. To negotiate the supply of appropriate accommodation with suppliers on the approved list referred to in paragraph 16 above in accordance with Procurement Standing Orders.
     
17. To determine individual charges for each placement by another local authority for residential and day care services, based upon the facilities used and the actual costs of the services provided.
     
18. The issuing and receipt of all notifications and the exercise of all powers conferred on the authority by Section 25 of the Mental Health Act 1983 (supervised discharge).

K2. Culture and Customer Services

1. The purchase and acceptance of donations and loans of library materials and archival material of local interest, within the approved estimates.
    
2. The purchase of books, periodicals, records and similar material within the approved estimates.
    
3. To determine the opening hours for public libraries within the Council.
    
4. To determine matters relating to the display of notices and posters on notice boards provided for public use in libraries.
    
5. To commission and make decisions in relation to matters of historical interest including archaeological matters.
    
6. The development and management of Customer Services and In Touch Tameside.

K3. Sport and Cultural Services

1. The development and allocation of sport and Cultural facilities throughout the Borough.
    
2. To monitor and regulate the performance of Tameside Sports Trust.
    
3. The development of sport, heritage and cultural activities through all services including the determination of exhibition programmes.
    
4. To determine blue plaque applications in consultation with the Project Head (Heritage & Tourism).
    
5. The reproduction of plans, pictures and museum and art specimens.
    
6. Seasonal arrangements for hours of opening and closure of museums and art galleries at holiday periods.
    
7. The developing of sports coaching in schools and the development of sport and physical activity in the Borough,

K4. Exchequer and Support Services

1. The determination of applications for Housing Benefit in accordance with statutory requirements and the approved schemes.
    
2. To determine, in accordance with the Council’s approved policy, applications for car loans (including applications from new employees for the transfer to this Authority or car loans approved by a previous Authority).
    
3. To determine applications under the approved contract hire scheme.
    
4. To implement all national pay awards and local schemes of conditions of service.
    
5. To make, under Section 101 of the Local Government Act 1972, proposals for, and to determine and make amendments to, the Schedule of Instalments payable to the relevant presenting authorities and Council itself with regard to the Collection Fund (England) Regulations 1989.
    
6. The determination of appeals against empty rate assessments and of applications for relief from rates.
    
7. The power to serve notices in accordance with the Non-Domestic Rating (Alterations of Lists and Appeals) Regulations 2005, when such action is required to preserve the Authority’s position on non-domestic rating valuation matters.
    
8. To grant relief from non-domestic rates on the grounds of hardship.
    
9. To authorise the payment of additional sums in respect of pensions arising from the upgrading of non-contributing service in accordance with the policy of the Council.