Agenda, decisions and minutes

Minutes of the meeting held on 14 June 2023, (previously circulated).

RESOLVED that the minutes of the meeting held on 14 June 2023 be signed as a correct record.

RESOLVED that the minutes of the meeting held on 14 June 2023 be signed as a correct record.

Items which in the opinion of the Chair should be considered at the meeting as matters of urgency.

There was no item raised as a matter of urgency.

The Chair welcomed Mrs Mayes who was attending the meeting remotely in her capacity as a Co-opted Member of the Council's Standards Committee to observe and monitor compliance with the Council’s ethical governance framework.

The Leader was presented, by Councillor Wrigley with a petition organised by residents of Cockwood in Dawlish (Penfield Gardens, Old Town Street, Hoopern Terrace) containing approximately 20 signatures concerning width restriction warning signs at Penfield Gardens, Dawlish.

A further petition was received from Cllr Cheryl Cottle-Hunkin from Torridge District Council regarding saving the mobile library service which had received a number of comments and nearly 500 signatures, although not all signatures were valid due to postcodes being outside of the County of Devon.

The Director of Climate Change, Environment and Transport and Head of Communities would be asked to respond direct to the petitioners on the issues raised, within 15 days.

[NB: The relevant Director would be asked to respond direct to the petitioners on the issues raised, in line with the Council’s Petition Scheme].

In accordance with the Cabinet Procedure Rules, the relevant Cabinet Member responded to ten questions from Members of the Council on the following matters:

1.          Ted Wragg Trusts and awareness of parental concerns about discipline policy and its application at these schools;

2.          awareness of the website reporting parents’ concerns and experiences;

3.          awareness of the allegation at West Exe regarding a windowless room, described as a dungeon for ‘pastoral support’;

4.          whether the matters identified and disclosed by parents will be investigated under its safeguarding duties and obligations;

5.          Highways works under permit A210176604001-01-CR-01 in Kennford;

6.          Service Standards from Contractors and 'contact numbers' provided on Traffic Orders;

7.          support for the Prince of Wales’s campaign to end homelessness, including support for homelessness prevention projects;

8.          Impact Assessment for proposed cut in the 18+ Homelessness Prevention Grant, risk of 5 hostels closing and links to statutory responsibilities to improve health and reduce health inequalities;

9.          Devolution Discussions and Homeless Support Services; and

10.      the impact of Withdrawal of Homeless Support Funding.

The Cabinet Members responded orally to the supplementary questions arising from the above.  

[NB: A copy of the questions and answers are available on webpage for meeting and any supplementary questions and answers may be observed through the livestream of the meeting]

(The Chair exercised his discretion and brought forward this item of business as some questions related to later items on the agenda).

In accordance with the Council's Public Participation Rules, the relevant Cabinet Members responded to four questions from members of the public on the following matters;

1.    homelessness Grant, public consultation and public feeling on the proposal;

2.    evidence that proposals would cost Devon County Council more and increase adult social care, policing, sanitation, accident and emergency provision and mental health service and when these discussions will take place;

3.    objectives of Devons joint health and wellbeing strategy and the 2023-2028 Living Well In Devon strategy and how these are reflected in the consultation to cease a prevention contract; and

4.    public meetings to allow people to question the proposals, where people will park and impact for businesses;

The Cabinet Member also responded orally to three supplementary questions arising from the above and endeavoured to get written replies.

A copy of the questions and answers had been sent direct to the questioner who was not present in the meeting.

(NB: A copy of the questions and answers are available on webpage for meeting and any supplementary questions and answers may be observed through the livestream of this meeting – see Notes below)

Joint Report of the Chief Executive, Director of Transformation and Business Services, Director of Legal and Democratic Services, Director of People and Culture and Director of Finance and Public Value, attached.

RESOLVED

(a) that the commitment to, and support for, the “Best Place” Strategic Plan

2021 – 2025 is reaffirmed;

(b) that a Report on progress to date with the Strategic Plan 2021-2025 be

prepared for consideration by the Council at its meeting on 7 September

2023;

(c) that the six areas of focus for the Corporate Plan for the next 12 months

aligned to the risks set out in section 4 of the Report, be agreed:

          I. Governance and performance review.

II. Value for money and financial sustainability.

III. People strategy.

IV. Replacement systems (FINEST and CareFirst).

V. Equality, diversity and inclusion.

VI. Devon, Plymouth and Torbay devolution deal.

(d) that the most significant risks facing the Council and the approach to

managing them, as described in section 4, be agreed and further invite

regular reports to future meetings on the management of those risks; and

(e) to further note that Directorate/service area plans will be developed over

the next three months linked to the: Strategic Plan 2021-2025, areas of focus,

key risks and People Strategy – ‘People First’.

(Councillors Brazil, Whitton and Wrigley attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Joint Report of the Chief Executive, Director of Transformation and Business Services, Director of Legal and Democratic Services, Director of People and Culture and Director of Finance and Public Value, outlining the Council's Strategic Plan 2021 to 2025 and Corporate Plan for the next twelve months. The Report had been circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Council adopted its “Best Place” Strategic Plan at its meeting on 2 December 2021 (minute 64 refers). That Plan – https://www.devon.gov.uk/strategic-plan/ - set out the Council’s vision, ambition, and overall priorities for 2021 to 2025.

The Plan’s ambition was to help Devon to become the best place to:

·       Grow up - a commitment to being a child friendly Devon where children / young people were safe, healthy, ambitious, and could fulfil their potential.

·       Live well - being a fairer Devon: inclusive, compassionate, and caring, where everyone was safe, connected, and resilient.

·       Prosper - being a greener and prosperous Devon, with opportunities to create a sustainable future for all.

There were a number of priorities and for each of those, the webpages described the outcomes that would be achieved over the period 2021-2025, the summary being included as Appendix 1 to the Report.

The year ahead would be a critical period for the Council as it needed to tackle some long-standing issues and challenges. It was proposed that six areas of focus, described in full in the Report, were agreed as the corporate plan for the next 12 months to improve the current arrangements for decision-making and governance, achieve, as far as possible, financial sustainability and support and empower staff to deliver the best outcomes for the people of Devon.

These 6 areas of focus were:

·       Governance and performance review (Committee structure, decision making and financial thresholds, communications with, and support for, Members, contract procedure rules, Council procedure rules, financial regulations, scheme of delegation, modernisation of the Council Chamber and membership of external boards, partnerships and committees);

·       Value for money and financial sustainability (staffing, contract management, efficiency of services, income generation and full cost recovery and use of assets and buildings);

·       People strategy;

·       Replacement of key systems (Finest and Care First);

·       Equality, Diversity and Inclusion; and

·       Devolution Deal.

Section 4 of the Report outlined some key risks to the Council, such as  cyber-attack, failure to prepare a robust budget, failure to deliver priority services as a result of significantly reduced finances and failure to adhere to the statutory SEND code of practice: 0-25 years. There were further risks in childrens social care services, highway maintenance and management and the integrated care and system leadership.

The Cabinet noted that the Council’s priorities for 2021 – 2025 would have a positive impact on everyone living and working in Devon. The extent of the impact on each  ...  view the full minutes text for item 356.

Report of the Director of Climate Change, Environment and Transport, (CET/23/44), attached.

An Impact Assessment has been prepared for the attention of Members at this meeting and is also attached and available on the website at Queen Street, Newton Abbot Pedestrian enhancements Impact Assessment.

(Councillor Wrigley declared a personal interest in this matter by virtue of being Leader of Teignbridge District Council and Chair of the Teignbridge Highways and Traffic Orders Committee).

RESOLVED

(a) that the design and construction of pedestrian enhancements on Queen

Street, Newton Abbot, as shown in Appendix 1 of the Report, at an estimated

cost of £1,300,000, be approved;

(b) that an increase to the Climate Change, Environment & Transport 2023/24

capital programme by £477,500, funded by external grant, further be

approved; and

(c) that the Director of Climate Change, Environment and Transport be given

delegated powers in consultation with the Cabinet Member for Highway

Management and Local Member, to make minor amendments to the scheme

as required.

(Councillors Bradford, Whitton and Wrigley attended in accordance with Standing Order 25(2) and spoke to this item).

(Councillor Wrigley declared a personal interest in this matter by virtue of being Leader of Teignbridge District Council and Chair of the Teignbridge Highways and Traffic Orders Committee).

The Cabinet considered the Report of the Director of Climate Change, Environment and Transport, (CET/23/44) circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Report set out recommendations to approve the design and construction of a permanent pedestrian enhancement scheme for Queen Street, Newton Abbot at an estimated cost of £1,300,000. These recommendations follow Teignbridge Highways and Traffic Orders Committee’s (HATOC) resolutions to support the proposals in July 2022 and to make and seal the associated Traffic Regulation Orders (TROs) in June 2023. Figure 1 in section 2 of the Report showed the corridor identified for improvement.

Approval for construction would enable detailed design to continue, with procurement programmed for Autumn 2023 and construction anticipated to start in Spring 2024.

The proposals were a package of measures to enhance Queen Street, Newton Abbot between Courtenay Street and The Avenue and neighbouring side roads. These had been developed in close partnership with Teignbridge District Council, informed by extensive public consultation and amended by Teignbridge Highways and Traffic Orders Committee. Proposals were shown in Appendix 1 and a summary given at section 3 of the Report in terms of widened footways, improved crossings, enhanced greening & seating, public transport & cycle provision, 20mph zone, traffic regulation and the amendment of waiting, parking and loading restrictions.

The proposals had undergone significant public and stakeholder consultation at every stage of project development which were outlined in full at section 5 of the Report.

The proposals were well-aligned with a range of Strategic Plan priorities and actions, as the scheme sought to prioritise active and sustainable travel over private motorised traffic, whilst still maintaining access. They contributed towards enhancing the public realm to make Queen Street a more attractive destination for shopping and dining and would help support a green economic recovery from COVID-19.

The scheme was estimated to cost approximately £1,300,000, which included a project risk allowance and allowed for the uncertainty of future inflation. The funding package for the scheme was summarised in section 7, outlining the mix of external contributions and grant funding.

An Impact Assessment had also been prepared and was available on the website at Queen Street, Newton Abbot Pedestrian enhancements Impact Assessment. This highlighted that the environment would be improved for people with additional mobility needs, for example, crossing improvements and widened footways, the increase in Blue Badge holder parking provisions and improved access for those with no access to a car. The provision of an additional loading bay at the western end of Queen Street, would ensure there was sufficient loading space for businesses.

In summary, the proposals would make Queen Street a more attractive, safe  ...  view the full minutes text for item 357.

Report of the Director of Climate Change, Environment and Transport (CET/23/45) on the proposed consultation response on the draft Devon, Cornwall and Isles of Scilly Climate Adaptation Strategy, attached.

An Impact Assessment has also been prepared for the attention of Members at this meeting. It is available on the website at Climate Adaptation Strategy - Impact Assessment and is also attached.

RESOLVED that the proposed consultation response at Section 3 from Devon County Council to the Devon Climate Emergency partnership on the draft Devon, Cornwall and Isles of Scilly Climate Adaptation Strategy be approved.

(Councillors Brazil and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Director of Climate Change, Environment and Transport (CET/23/45) outlining a proposed consultation response on the draft Devon, Cornwall and Isles of Scilly Climate Adaptation Strategy, circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Council (DCC) had declared a climate emergency and was a founding partner and principal funder of the Devon Climate Emergency (DCE) initiative. In signing the Devon Climate Declaration, the Council had committed to working with partners to understand the near-term and future risks arising from climate change to plan for how infrastructure, public services and communities would have to adapt. The Devon, Cornwall, and Isles of Scilly (DCIoS) Climate Impacts Group (CIG), currently chaired by the Environment Agency and coordinated by the Council, was formed in 2019 in response to declarations of climate emergency across the three areas and it had prepared the draft DCIoS Climate Adaptation Strategy.

It was a strategic-level document, comprising three sections:

1.    A Climate Change Risk and Opportunity Assessment (CCRA) split by sector - natural environment, infrastructure, health and built environment, business and industry, and cross-cutting risks.

2.    A Strategic Adaptation Plan.

3.    An Action Plan.

The full document could be viewed at https://www.climateresilient-dcios.org.uk/#adaptation-strategy

The draft Adaptation Strategy had been open for public consultation during May and June 2023 and the final version would be published in the Autumn and partner organisations subsequently invited to endorse it.

The proposed consultation response was outlined at paragraph 3. The Strategy showed that climate change would have far reaching and profound implications for how places functioned, were planned, how they felt and how behaviours needed to change.

The Authority noted and agreed with the five main impact themes identified by the assessment, which each contributed to a series of related risks described more fully in the Strategy. These were:

·       River and surface water flooding

·       Sea level rise (coastal flooding and erosion)

·       Reduced water availability (drought conditions)

·       Temperature change and extreme heat/cold

·       Cascading impacts

The Authority supported the draft Strategy and would do what it could to implement relevant actions within its areas of responsibility and that success would require a collaborative approach involving Government departments and agencies, transport and utility providers, local businesses, communities and individuals.

The Cabinet noted that the Climate Change Standing Overview Group of the Corporate Infrastructure and Regulatory Services Scrutiny Committee had contributed to the comments on points of detail passed to the DCE secretariat.

An Impact Assessment had also been prepared and was available on the website at Climate Adaptation Strategy - Impact Assessment. This highlighted that Climate change would affect everybody in the County, and it would affect people less able to adapt the most. The Strategy included a more detailed commentary on people most vulnerable to climate change but implementing the Strategy to improve resilience would require  ...  view the full minutes text for item 358.

Report of the Head of Economy, Enterprise and Skills (EES/23/1) seeking approval to the Devon County Civic University Agreement, attached.

An Impact Assessment has also been prepared and is available on the website at Civic University Agreement - Impact Assessment (devon.gov.uk) and is also attached.

RESOLVED that Devon County Civic University Agreement be approved.

(Councillors Brazil and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Economy, Enterprise and Skills (EES/23/1) which sought approval of the Devon County Civic University Agreement 2023-2026, circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Report highlighted the ongoing work over the past year with the University of Exeter to deepen day-to-day engagement, seeking to improve linkages between departments, academic peers and across shared agendas.

As part of this, the Authority and the University had been in discussion around the formation of a shared Civic Agreement. Civic University Agreements were pledges from university leaders to work with anchor local institutions to maximise the impact of a university in its local environment, for example co-designed civic strategies, informed by evidence and analysis of local priorities.

The Devon County Civic University Agreement (Agreement) (Annexe 1 to the Report) recognised the fundamental role the Council and the University of Exeter shared in shaping Devon’s civic landscape. The Agreement built on already strong partnership foundations, and a history of mutual

Engagement, but was an opportunity to advance and amplify the impact of activities, strengths, and assets through joint civic strategy. The Agreement would formalise activity and establish a governance and monitoring approach.

The Agreement would align with similar Agreements established between the University, Exeter City Council, Exeter College, Royal Devon and Exeter NHS Foundation Trust and initial conversations were underway with the University of Plymouth to consider a similar approach.

The Agreement would combine the Universities research and resources with the Council’s place-based services, data, and resources to generate benefits for communities, businesses, and environment, introducing a cycle of annual

planning to facilitate collaborative strategic activity.

Annexe 2 set out the Devon County Council Civic Agreement Project on a one-page canvas to summarise the proposal. The over-arching mission was to support Devon to be a thriving, sustainable and prosperous place to live and work and to achieve this, the Agreement recognised that health,

education, culture, environment, and economy were intertwined.

The immediate time horizon would focus on three clear priorities to deliver the overarching mission:

·       Developing our civil society to be ambitious for each Young Person to thrive through quality education, health, and social care;

·       To provide ample access to affordable, carbon considered housing; and

·       Stimulate innovation and growth within the region’s three key growth sectors (environment, advanced engineering and manufacturing, health, care, and life sciences).

Following approvals, the two organisations would finalise a number of outputs and objectives, inter-alia, increased social mobility (measured through educational attainment, health and wellbeing and careers), a Devon Teaching Alliance, widened participation of young people progressing to Higher Education, greater engagement amongst Devon employers with placements and graduates, improved access to Mental Health support, responsive and inclusive education and skills systems that addressed regional priorities, creation of a county-wide Housing Commission, stimulate innovation and growth within the  ...  view the full minutes text for item 359.

Report of the Head of Communities (SC/23/4) outlining proposals for the future of the mobile library service, attached.

An Impact Assessment has also been prepared for members at the meeting. It is available on the website at Impact Assessment on Mobile Libraries and the alternative offers and is attached.

RESOLVED that Option 2, as outlined in the Report, to ‘Decommission the Mobile Library vehicles and provide £25K transition support for vulnerable users to continue to access alternative library provision’ be approved.

(Councillors Connett, Gent, Whitton and Wrigley attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Communities (SC/23/4) outlining proposals for the future of the mobile library service circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

Through Libraries Unlimited, the Council provided a mobile library service, which had seen reducing demand over the last 10 years. This followed a major service review in 2013, resulting in reducing the mobile library fleet. There were 374 ‘stops’ on a 4-weekly cycle for 4 routes. In recent times, the stops where there had been consistently less than 4 active members who visited the stop, had also been removed.

The vehicles used for the service were also ending their serviceable life and the Council needed to make a decision regarding the future of the mobile service. New, smaller vehicles costed in the region of £150-200k per vehicle so significant capital investment would be required to continue to operate the service into the future.

The Council had an extensive network of 50 static libraries and many of the stops were near or close to an existing building. There were also existing services that supported vulnerable members such as the Good Neighbour scheme and the Home Library service. The use of the online resources had continued to grow in popularity and remained strong post pandemic.

During April and May this year the Council consulted with users of the service to inform its strategy, find out about the users of mobile libraries and to hear potential alternative solutions.

Section 5 of the Report highlighted the various options which included the following.

·       Option 1 – Decommission the Mobile Library vehicles.

·       Option 2 – Decommission the Mobile Library vehicles and provide £25K transition support for vulnerable users to continue to access alternative library provision.

·       Option 3 – Replace the 4 mobile libraries with new vehicles.

Option 2 was the preferred option.

An Impact Assessment had been prepared and was available on the website at Impact Assessment on Mobile Libraries and the alternative offers. This highlighted that whilst the proposal was to decommission the Mobile Library vehicles and support active members to utilise existing alternatives, feedback from the consultation highlighted a proportion of existing members with physical disabilities and issues with transportation and self-isolation. In response, the proposal would include a one-off investment of £25,000 to support expansion of the alternative service options to provide support to vulnerable members so they were able to continue to access library services as far as possible.

The Council would also work with Libraries Unlimited to develop a rural outreach offer.

The Cabinet noted that given the significant pressures on the Council’s finances, the proposals were a reasonable solution to reducing costs and the need for considerable reinvestment in mobile library vehicles when there were viable and more cost-effective alternatives. Whilst the service  ...  view the full minutes text for item 360.

Report of the Head of Childrens Health and Wellbeing (Deputy Chief Officer) (CS/23/04) on how the council’s statutory duties could be discharged by proposed new arrangements through a Devon Safeguarding Children Partnership, attached.

RESOLVED

(a) that the arrangements proposed by the Chief Executive for the discharge of the Council’s duties as a safeguarding partner to:

(i)             co-ordinate safeguarding services in conjunction with the integrated care board and Chief Officer of Police in Devon;

(ii)             be part of a strategic leadership group supporting and engaging with other agencies; and

(iii)          to implement local and national learning (including from serious child safeguarding incidents);

as required by S16E of the Children Act 2004 and Working Together 2018 and as set out in the Report, be approved; and

(b) that the decision about whether to appoint an independent chair or scrutineer for the Devon Safeguarding Children Partnership be delegated to the Chief Executive, in consultation with the Cabinet Member for Children’s Services and Schools, if the Executive Group recommends that an independent chair should be appointed, and funding can be identified.

(Councillors Brazil and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Children’s Health and Wellbeing (Deputy Chief Officer) (CS/23/04) on the discharge of the Council’s statutory duties through a Devon Safeguarding Children Partnership, circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Devon Children and Families Partnership was established in 2017, the Partnership being broader than what was required by the relevant statutory guidance (Working Together 2018). Statutory partners had recently reviewed the scope of the existing partnership and concluded that the remit should be focussed on the primary purpose required and focus on safeguarding and promoting the welfare of children.

The Report therefore set out how the Council’s statutory duties would be discharged by proposed new arrangements through a Devon Safeguarding Children Partnership. The Executive group of the existing Devon Children and Families Partnership had further considered whether the future Partnership should be advised by an independent scrutineer or chaired independently. This would be considered further within other partner agencies.

The planned changes would result in a stronger focus on safeguarding and child protection, less risk of duplication and a more efficient use of resources for the statutory partners. The Partnership Executive had proposed that the Partnership be renamed the Devon Safeguarding Children Partnership (DSCP) with a reduced number of subgroups. The revised governance and structure of the Partnership was set out in section 2.14 of the Report. This would mean the DSCP would more closely align with the other regional safeguarding children’s partnerships in Torbay, Plymouth, Cornwall and Somerset.

Appendix 1 of the Report outlined the proposed Terms of Reference for the Devon Safeguarding Children Partnership Executive and Sub-Groups and Appendix 2 contained the Terms of Reference for the four groups in the Devon SCP produced and agreed by the Executive Group. A review of membership and representation was underway to ensure appropriate levels of delegation and expertise.

A re-branding and communications plan was also being developed to ensure, partners, stakeholders and impacted parties were engaged and consulted throughout the change process.

In summary, the Cabinet noted that the re-focus of the work of the Devon Children and Families Partnership (reducing scope and the number of sub-groups) would enable the Partnership to support the work being undertaken to improve children’s services in Devon, yet still enable the Council and statutory partners to fulfil their statutory obligations.

It was further confirmed in response to Member questions that an annual report would be produced.

The matter having been debated and the options and alternatives and other relevant factors (e.g. financial, sustainability and carbon impact), risk management, equality and legal considerations and alignment with the Council’s Strategic Plan) set out in the Head of Service’s Report having been considered:

it was MOVED by Councillor Leadbetter, SECONDED by Councillor Hart, and

RESOLVED

(a) that the arrangements proposed by the Chief  ...  view the full minutes text for item 361.

The following Notices of Motion submitted to the County Council by the following Councillors have been referred to the Cabinet in accordance with Standing Order 8(2) for consideration, to refer it to another Committee or make a recommendation back to the Council:

(a)  Debate not Hate - Councillor Hannaford

(b)  DCC to Treat Care Experience as a Protected Characteristic - Councillor Hannaford  

(c)  Teachers Pay – Investing in Children’s Futures - Councillor Hannaford

(d)  Governance Review and Consultations - Councillor Atkinson

(e)  Devon 20’s Plenty - Councillor Hodgson

(a) Debate not Hate - Councillor Hannaford

RESOLVED that the County Council:

(i) recognises the actions already taken in support of the debate not hate agenda and endorses a zero tolerance approach to abuse of both staff and Councillors;

(ii) continues to develop tools and give advice that supports Councillors in relation to safety issues and tackling inappropriate behaviour, including encouraging Elected Members to use the reporting mechanism in place;

(iii) works with the Police to establish a link whereby advice and support can be sought and develop a procedure document to accompany this; and

(iv) write to Devon MP’s, copying in the LGA, outlining the Council’s support for the campaign and encouraging them to promote this agenda to Government and support any actions that seek to address the abuse and intimidation of those in public life.

(b) DCC to Treat Care Experience as a Protected Characteristic - Councillor Hannaford

RESOLVED

(i) that Council recognises that care experienced people are a group who are likely to face discrimination;

(ii) that it recognises that Councils have a duty to put the needs of disadvantaged people at the heart of decision-making through co-production and collaboration;

(iii) that future decision, services and policies made and adopted by the Council should be assessed through Equality Impact Assessments to determine the impact of changes on people with care experience, alongside those who formally share a protected characteristic;

(iv) that in the delivery of the Public Sector Equality Duty the Council includes care experience in the publication and review of Equality Objectives and the annual publication of information relating to people who share a protected characteristic in services and employment; and

(v) that this Council will treat care experience as if it were a Protected Characteristic.

(c) Teachers Pay – Investing in Children’s Futures - Councillor Hannaford

RESOLVED that the Council continues its positive work with the F40 national campaign and its ongoing engagement with Government to ensure:

Equitable funding is provided by central Government to all Devon schools to allow them to maintain and deliver a high-quality education, to enable them to safeguard all children and young people and meet the full cost of any pay awards to support the recruitment and retention of a strong and dedicated school workforce in the County.

(d) Governance Review and Consultations - Councillor Atkinson

RESOLVED that Council be recommended to

(i) note that a Special Health and Adult Care Scrutiny Committee has been arranged on the 27 July to ensure Member Scrutiny and input into the process, as requested by the Motion, the outcome of which will inform the Special Cabinet meeting on 23 August, where three of the consultation outcomes are due for consideration;

(ii) note, that in relation to day care and respite services, no decisions have been made and both matters will come to a future Cabinet meeting later in the financial year; and

(iii) ensure that the Governance review incorporates a review of consultation processes as a separate  ...  view the full decision text for item 362.

(a) Debate not Hate - Councillor Hannaford

The Notice of Motion text is detailed below.

The intimidation and abuse of councillors, in person or otherwise, undermines democracy; preventing elected members from representing the communities they serve, deterring individuals from standing for election, and undermining public life in democratic processes.

Devon County Council notes that increasing levels of toxicity in public and political discourse is having a detrimental impact on local democracy, and that prevention, support and responses to abuse and intimidation of local politicians must improve to ensure councillors feel safe and able to continue representing their residents.

Devon County Council therefore commits to challenge the normalisation of abuse against councillors and officers and uphold exemplary standards of public and political debate in all it does. Devon County Council further agrees to sign up to the LGA’s Debate Not Hate campaign. The campaign aims to raise public awareness of the role of councillors in local communities, encourage healthy debate and improve the response to and support those in public life facing abuse and intimidation.

In addition, this Council resolves to:

·       Write to the local Members of Parliament to ask them to support the campaign.

·       Write to the Government to ask them to work with the LGA to develop and implement a plan to address abuse and intimidation of politicians at every level.

·       Ensure that Devon County Council has a clear reporting mechanism which councillors can use to monitor and record incidents of harassment and abuse of councillors and officers.

·       Regularly review the support available to Councillors in relation to abuse and intimidation and councilor safety.

·       Work with the local police to ensure there is a clear and joined-up mechanism for reporting threats and other concerns about the safety of councilors and their families and discuss the need to take a preventative approach that accounts for the specific risks that councilors face, as they do with other high-risk individuals, like MP’s.

·       Take a zero-tolerance approach to abuse of councilors and officers’.

Members considered the Officer’s factual briefing note on the matter (LDS/23/7) which referred to the actions recently taken by the Council in relation to this agenda, such as regular bulletins, the mechanisms to log incidents, application of the customer behaviour policies, the employee assistance programme, home addresses on the website and the use of the sensitive register and how technology could support personal safety. 

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken, and:

RESOLVED that the County Council:

(i) recognises the actions already taken in support of the debate not hate agenda and endorses a zero tolerance approach to abuse of both staff and Councillors;

(ii)  continues to develop tools and give advice that supports Councillors in relation to safety issues and tackling inappropriate behaviour, including encouraging Elected Members to use the reporting mechanism in place;

(iii) works with the Police to establish a link whereby advice and support can be sought and develop a procedure  ...  view the full minutes text for item 362.

Report of the Director of Finance and Public Value (DF/23/68) on the Treasury Management Stewardship Outturn, attached.

Members of the Corporate Infrastructure and Regulatory Services Scrutiny Committee had received the same Report on the Treasury Management Stewardship Outturn at their meeting on 22 June 2023 and had RESOLVED that the Report and the overall 2022/23 Treasury Management outturn position be commended to the Cabinet (minute *116 refers).

Recommendation

That the Members of the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for their consideration and review of the Annual Treasury Management Stewardship Report for 2022/2023 and that the document be further endorsed.

RESOLVED that the Members of the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for their consideration and review of the Annual Treasury Management Stewardship Report for 2022/2023 and that the document be further noted.

(Councillors Whitton and Wrigley attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Director of Finance and Public Value (DF/23/68) outlining the Treasury Management action taken during the last financial year (in line with the CIPFA Code of Practice previously adopted by the Council).

Members of the Corporate Infrastructure and Regulatory Services Scrutiny Committee had received the same Report on Treasury Management at their meeting on 22 June 2023 and had RESOLVED that the Report and the overall 2022/23 Treasury Management outturn position be commended to the Cabinet (minute *116 referred).

The Cabinet noted that the Council had adopted the CIPFA (Chartered Institute of Public Finance and Accountancy) Code of Practice for Treasury Management in the Public Services. The policy required the Council to agree an annual treasury strategy report, setting out the strategy and plans to be followed in the coming year, as part of the budget process.

The Committee considered the Report of the Director of Finance and Public Value (DF/23/68) on the outturn position, performance and key matters arising from the Council's Treasury and Debt Management activities during the 2022/23 financial year.

The Report further outlined the Minimum Revenue Positions, the borrowing at outturn, analysis of long-term debt, investments at outturn, prudential indicators and a 2023/24 update.

The Cabinet noted that no long term or short-term borrowing had been undertaken during 2022/23 and that concern over the future level of cash balances had precluded the possibility of repaying any of the outstanding debt during 2022/23.

Investment income of £4.338 million had been achieved in 2022/23 against a full year budget of £900,000, which represented a return of 1.93% including the Property Fund investment.

The matter having been debated and the other relevant factors being considered as set out in the Director of Finance and Public Values Report:

it was MOVED by Councillor Twiss, SECONDED by Councillor Hart, and

RESOLVED that the Members of the Corporate Infrastructure and Regulatory Services Scrutiny Committee be thanked for their consideration and review of the Annual Treasury Management Stewardship Report for 2022/2023 and that the document be further noted.

At its meeting on 22 June 2023, the Corporate Infrastructure and Regulatory Services Scrutiny Committee had considered the Joint Report of the Director of Finance and Public Value, and Head of Communities (SC/23/3) on a summary of locality budget allocations approved by Members for audit and monitoring purposes.

The Committee had RESOLVED that that the Report be commended to Cabinet and Councillor colleagues be urged to spend their locality budgets in full to support their communities; and

(b) that an online spreadsheet on individual Member expenditure be published on the public County Council website.

Recommendation

That Cabinet further endorse the Report and echo the comments of the Scrutiny Committee in terms of encouraging the spend of locality budgets and ask that Officers be asked to review how expenditure could be published on the website.

RESOLVED

(a) that the Report be further endorsed, and Members be encouraged to spend their locality budgets to support communities; and

(b) that Officers be asked to consider how expenditure can be published on the Council’s website.

The Cabinet noted that at its meeting on 22 June 2023, the Corporate Infrastructure and Regulatory Services Scrutiny Committee had considered the Joint Report of the Director of Finance and Public Value and Head of Communities (SC/23/3) on a summary of locality budget allocations approved by Members for audit and monitoring purposes.

The Committee had RESOLVED that the Report be commended to Cabinet and Councillor colleagues be urged to spend their locality budgets in full to support their communities; and

(b) that an online spreadsheet on individual Member expenditure be published on the public County Council website.

It was MOVED by Councillor Hart, SECONDED by Councillor McInnes, and

RESOLVED

(a) that the Report be further endorsed, and Members be encouraged to spend their locality budgets to support communities; and

(b) that Officers be asked to consider how expenditure can be published on the Council’s website.

At its meeting on 30th March 2023, the East Devon Highways and Traffic Orders Committee had considered a request from Councillor M Hartnell, in accordance with Standing Order 23(2), to extend the 30mph speed limit between Colyford & Colyton on Coly Road (B3161) in response to local concerns regarding the safety of pedestrians and the speed of traffic.

The Committee had RESOLVED that this Committee’s proposal to extend the 30mph speed limit between Colyford and Colyton on Coly Road (B3161) be referred to Cabinet for approval, as an exception to current policy.

Cabinet at its meeting on 10th May 2023 RESOLVED that the matter be deferred pending site visits to Colyford and Colyton with the Cabinet Member for Highway Management to meet the Local Member and officers including the Police and Road Safety Team. (Min *329)

The Cabinet Member for Highway Management to report on a site visit that was held on 1^st June 2023.

Recommendation

That a departure from Policy is not agreed.

RESOLVED that a departure from Policy is not agreed.

The Cabinet noted that at its meeting on 30th March 2023, the East Devon Highways and Traffic Orders Committee had considered a request from Councillor M Hartnell, in accordance with Standing Order 23(2), to extend the 30mph speed limit between Colyford & Colyton on Coly Road (B3161) in response to local concerns regarding the safety of pedestrians and the speed of traffic. The Committee had RESOLVED that this Committee’s proposal to extend the 30mph speed limit between Colyford and Colyton on Coly Road (B3161) be referred to Cabinet for approval, as an exception to current policy.

Cabinet at its meeting on 10th May 2023 further RESOLVED that the matter be deferred pending site visits to Colyford and Colyton with the Cabinet Member for Highway Management to meet the Local Member and officers including the Police and Road Safety Team. (Min *329 referred).

The Cabinet Member for Highway Management reported on the site visit that had been held on 1^st June 2023 and thanked those who attended.

He commented that at the site visit it was noted that a reduction in speed between the two villages would result in removal of the terminal signs. The Cabinet Member further added that work would be undertaken to enhance and define the gateway of the two villages.

It was MOVED by Councillor Hughes, SECONDED by Councillor Hart and

RESOLVED that a departure from Policy is not agreed.

At its meeting on 30th March 2023, the East Devon Highways and Traffic Orders Committee had considered the Report of the Director of Climate Change, Environment and Transport (CET/23/25) on the proposed signalisation of the existing junction of the C832 Honiton Road with the C836 Tithebarn Way (Minute 47 refers). At the meeting, the Members had referred to the need to reduce the speed limit to the approach to the junction from 40 mph to 30 mph in view of the current and proposed residential development in the area, which would not be compliant with current Department of Transport and local policy guidance. The Committee therefore RESOLVED that (c) that this Committee’s proposal to reduce the speed limit on the Honiton Road from 40 mph to 30 mph be referred to Cabinet for approval as an exception to the Council’s current policy.

Cabinet at its meeting on 10th May RESOLVED that the matter be deferred pending site visit to Honiton Road with the Cabinet Member for Highway Management to meet the Local Member and officers including the Police and Road Safety Team. (Min*328)

The Cabinet Member for Highway Management to report on a site visit that was held on 1^st June 2023.

Recommendation

That a departure from Policy is not agreed.

RESOLVED that a departure from Policy is not agreed.

(Councillor Wrigley attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet noted that at its meeting on 30th March 2023, the East Devon Highways and Traffic Orders Committee had considered the Report of the Director of Climate Change, Environment and Transport (CET/23/25) on the proposed signalisation of the existing junction of the C832 Honiton Road with the C836 Tithebarn Way (Minute 47 referred). At the meeting, the Members had referred to the need to reduce the speed limit to the approach to the junction from 40 mph to 30 mph in view of the current and proposed residential development in the area, which would not be compliant with current Department of Transport and local policy guidance. The Committee therefore RESOLVED that (c) that this Committee’s proposal to reduce the speed limit on the Honiton Road from 40 mph to 30 mph be referred to Cabinet for approval as an exception to the Council’s current policy.

Cabinet at its meeting on 10th May RESOLVED that the matter be deferred pending site visit to Honiton Road with the Cabinet Member for Highway Management to meet the Local Member and officers including the Police and Road Safety Team. (Min*328 referred)

The Cabinet Member for Highway Management reported on a site visit that had been held on 1^st June 2023, thanking those that had attended the site meeting. The Local Members had previously shared the concerns of the community and explained that their constituents wished to feel safe whilst using this junction, especially in light of continued development in this area.

Local Councillors accepted the recommendation, due to future improved signalisation works, but asked that signing be improved, and Officers committed to undertaking these reviews and combining with signalisation work at the junction.

It was MOVED by Councillor Hughes, SECONDED by Councillor Hart, and

RESOLVED that a departure from Policy is not agreed.

Minutes of the bodies shown below are circulated herewith for information or endorsement as indicated therein (i.e. any unstarred minutes):

[NB: Minutes of County Council Committees are published on the Council’s Website:

RESOLVED that the Minutes of the following be endorsed and any

recommendations to Cabinet therein be approved:

Devon Education Forum – 21 June 2023

Interviewing - Farms Estate Committee - 23 June 2023

Standing Advisory Council on Religious Education – 23 June 2023 – including

endorsement of minute 26 relating to the updated SACRE Constitution.

It was MOVED by Councillor Hart, SECONDED by Councillor McInnes, and

RESOLVED that the Minutes of the following be endorsed and any recommendations to Cabinet therein be approved:

Devon Education Forum – 21 June 2023

Interviewing - Farms Estate Committee - 23 June 2023

Standing Advisory Council on Religious Education – 23 June 2023 – including endorsement of minute 26 relating to the updated SACRE Constitution.

The Register of Decisions taken by Members under the urgency provisions or delegated powers is available on the website in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.  The decisions taken and associated information can be found here.

The Registers of Decisions taken by Members under the urgency provisions or delegated powers were available for inspection, in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. Decisions taken by Officers under any express authorisation of the Cabinet or other Committee or under any general authorisation within the Council’s Scheme of Delegation set out in Part 3 of the Council’s Constitution.

In accordance with the Council’s Constitution, the Cabinet is requested to review the list of forthcoming business (previously circulated) and to determine which items are to be defined as key and/or framework decisions and included in the Plan from the date of this meeting.

The Forward Plan is available on the Council's website.

In accordance with the Council’s Constitution, the Cabinet reviewed the Forward Plan and determined those items of business to be defined as key and framework decisions and included in the Plan from the date of this meeting onwards reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

In accordance with the Council’s Constitution, the Cabinet reviewed the Forward Plan and determined those items of business to be defined as key and framework decisions and included in the Plan from the date of this meeting onwards reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

Report of the Director of Public Health, Communities and Prosperity presenting the Public Health Annual Report 2022-23.

The covering report with a summary is attached and the full report is available at - https://www.devonhealthandwellbeing.org.uk/aphr/2022-23/

RESOLVED that the Annual Report of the Director of Public Health 2022-23, which focuses on the importance of prevention to improve the health and wellbeing of Devon residents, be received and the recommendations contained therein be noted.

(Councillors Whitton and Wrigley attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Director of Public Health, Communities and Prosperity presenting the Public Health Annual Report 2022-23. The full report was available at

https://www.devonhealthandwellbeing.org.uk/aphr/2022-23/

The Director of Public Health had a statutory duty to write an annual report, and the Local Authority a statutory duty to publish it (section 73B [5] & [6] of the 2006 NHS Act, inserted by section 31 of the 2012 Health and Social Care Act). This enabled the Director of Public Health to make an independent judgement about the state of the health of the local population.

The pandemic had resulted in a significant rise in demand for health and care services and excess mortality.  The demand had been driven by a combination of lifestyle factors, people delaying seeking medical help and disruption to the health and care system. It was further known that demand for health and care services was linked to the conditions in which we were born into, grow, live, work and age, known as the wider determinants of health. This year’s annual report focused on prevention and why now more than ever, it was vital to invest in prevention. 

The Report highlighted the key drivers of poor health, morbidity, and premature mortality in Devon and defined what prevention meant in the context of improving healthy life expectancy and life expectancy and tackling the increasing health inequalities. 

There four key elements to preventative action consisted of:

          1.  Wider determinants

          2.  Primary Prevention

          3.  Secondary Prevention

          4.  Tertiary Prevention.

The Report provided a detailed chapter on each of the above elements providing examples of preventative programmes and initiatives which had been proved to improve health outcomes, impact service demand and were cost effective.

It further included an update on the recommendations from the 2021-22 annual report and outlined a further 11 recommendations for 2022/2023, a summary of which is below.

1.       Devon Integrated Care Partnership to work together to realise the potential as anchor institutions to improve the lives of local people and reduce health inequalities, drawing on evidence of the impact of this approach from other area.

2.       Devon Health and Wellbeing Board to consider the impact of the climate emergency on health and equity, through a joint strategic needs assessment.

3.       Public Health Devon to actively work with system partners to support the delivery of the agreed Joint Forward Plan actions and objectives.   

4.       Public Health Devon to actively participate in the Marmot Region work programme and ensure learning was shared with Integrated Care Partnership. 

5.       The Devon Food Partnership / Energy Saving Devon partnership utilise every opportunity to address health, equity and the climate emergency.

6.       Public Health Devon and Devon Integrated Care Partnership to work collaboratively with communities within multi-agency alliances, to develop and refine multi-level programmes of action on the leading modifiable risk behaviours.

7.       Public Health Devon to work with stakeholders in Devon Integrated Care Partnership to develop  ...  view the full minutes text for item 370.