Agenda, decisions and minutes

Members of the Council will declare any interests they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.

The other registrable interests of Councillors of Devon County Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.

For details of District and or Town and Parish Twin Hatters – please see here - County councillors who are also district, borough, city, parish or town councillors

The Chair reminded Members they should declare any interests they may have in any item to be considered, prior to any discussion taking place on that item. The details of District and or Town and Parish Twin Hatters was on the attached list - County councillors who are also district, borough, city, parish or town councillors.

Councillor Bullivant indicated he would declare an interest on item 22 of the agenda.

Minutes of the meeting held on 11 December 2024 (previously circulated).

RESOLVED that the minutes of the meeting held on 11 December 2024 be signed as a correct record.

RESOLVED that the minutes of the meeting held on 11 December 2024 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.

There was no announcement by the Chair at this meeting.

There was no petition received from a Member of the Public or the Council.

There was no question from a Member of the Council.

There was no question from a Member of the public.

Report of the Director of Finance and Public Value (DFP/25/02), presenting the budget targets for 2025/2026, attached.

(Councillors Brazil, Leaver and Whitton 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 (DFP/25/02), which presented the budget targets for 2025/2026, 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 Cabinet noted that the budget process continued to build on the Financial Sustainability Programme undertaken towards the preparation of the 2023/24 budget and the Working Well Together for a Sustainable and Stronger Council objectives and action areas as agreed by Cabinet in September 2023. The approach aimed to secure Best Value and ensure ongoing financial sustainability.

The proposed service budget targets for 2025/26 totalled £784.1 million, a net increase of £44 million or 5.9% compared to the 2024/25 adjusted base budget.

The preparation of the Budget for 2025/26 recognised that inflationary pressures continued to be felt across the economy, local government and partners. Social care was particularly impacted by increases to the national living wage and the increases to National Insurance. The Ministry of Housing, Communities and Local Government (MHCLG) was due to provide additional funding towards national insurance costs but details are yet to be confirmed. Within the Target Budgets for services it was proposed to allow for £14.2 million for inflationary pressures. The Target Budgets for services reflected an estimated inflationary pressure of £17.7 million due to National Living Wage impacts.

The proposed service revenue budget targets for the 2025/26 financial year were as follows:

Table 1 – Service Target Budgets 2025/26

The Report detailed the impacts of the new Government’s first Autumn Statement on 30 October 2024 and the Local Government Finance Policy Statement on 28 November 2024. Of particular importance to the Council’s financial planning, was the Government’s plans to repurpose existing funding, for the extra costs of delivering services in rural areas, to support a change in funding distribution based on deprivation as a proxy for need. This resulted in the discontinuation of the Rural Services Delivery Grant (RSDG) funding of £110 million, of which the Council currently received £10.124 million. This repurposing also affected funding of other public services in Devon, with £3.255 million lost across 7 district councils in Devon (not Exeter City) and £575,000 from Devon and Somerset Fire Authority in 2024/25.

Whilst there was  ...  view the full decision text for item 672.

(Councillors Brazil, Leaver and Whitton 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 (DFP/25/02), which presented the budget targets for 2025/2026, 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 Cabinet noted that the budget process continued to build on the Financial Sustainability Programme undertaken towards the preparation of the 2023/24 budget and the Working Well Together for a Sustainable and Stronger Council objectives and action areas as agreed by Cabinet in September 2023. The approach aimed to secure Best Value and ensure ongoing financial sustainability.

The proposed service budget targets for 2025/26 totalled £784.1 million, a net increase of £44 million or 5.9% compared to the 2024/25 adjusted base budget.

The preparation of the Budget for 2025/26 recognised that inflationary pressures continued to be felt across the economy, local government and partners. Social care was particularly impacted by increases to the national living wage and the increases to National Insurance. The Ministry of Housing, Communities and Local Government (MHCLG) was due to provide additional funding towards national insurance costs but details are yet to be confirmed. Within the Target Budgets for services it was proposed to allow for £14.2 million for inflationary pressures. The Target Budgets for services reflected an estimated inflationary pressure of £17.7 million due to National Living Wage impacts.

The proposed service revenue budget targets for the 2025/26 financial year were as follows:

Table 1 – Service Target Budgets 2025/26

The Report detailed the impacts of the new Government’s first Autumn Statement on 30 October 2024 and the Local Government Finance Policy Statement on 28 November 2024. Of particular importance to the Council’s financial planning, was the Government’s plans to repurpose existing funding, for the extra costs of delivering services in rural areas, to support a change in funding distribution based on deprivation as a proxy for need. This resulted in the discontinuation of the Rural Services Delivery Grant (RSDG) funding of £110 million, of which the Council currently received £10.124 million. This repurposing also affected funding of other public services in Devon, with £3.255 million lost across 7 district councils in Devon (not Exeter City) and £575,000 from Devon and Somerset Fire Authority in 2024/25.

Whilst there was  ...  view the full minutes text for item 672.

Report of the Director of Finance and Public Value (DFP/25/1), presenting the Budget Monitoring Position at Month 8, attached.

(Councillors Brazil, Leaver and Whitton 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 (DFP/25/1), which presented the Budget Monitoring Position at Month 8, 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.

At Month 8 it was estimated that budgets would overspend by just under £3.9 million which was an improvement of £141,000 on the month 6 position. However, it was important to note that this excluded the Dedicated Schools Grant (DSG) deficit (outlined in full at 3.22 of the Report). Financial risks within Integrated Adult Social Care and Children and Young People’s Futures were still being experienced, but work continued to ensure the whole organisation was focused on achieving a break-even position by the end of the year.

Considerable work had been undertaken since spring 2024 to accelerate and deliver upon a range of Safety Valve and SEND service critical objectives and improvements. This included the launch of the Authority’s updated SEND Strategy, the rollout of early help pilot activity in North Devon, a range of support work around systems and statutory process improvements to assist and improve the handling of plan development, and agreement and cross organisational working around autism and other health related priorities. Progress continued around addressing the backlog of EHCP plans.

The DSG was forecasting an overspend of £51.6 million at month 8, an increase of £5.8 million from month 6.  The table at 3.1 of the Report summarised the Month 8 forecast position by directorate, excluding the Dedicated Schools Grant forecast.

                Integrated Adult Social Care services were forecast to overspend by £3.6 million, an increase of £2.5 million from month 6. Children and Young People’s Futures services were forecasting an overspend of £7.5 million, an increase of £212,000 from month 6 (not including the projected deficit on Dedicated Schools Grant (DSG) funded Special Education Needs and Disabilities (SEND)).

At Month 8, the Climate Change, Environment and Transport directorate was forecasting an underspend of £2.2 million, an increase of £160,000 from month 6. Public Health and Communities were forecasting an underspend of £2.1 million relating to vacancy management and delayed heritage projects. Performance and Partnerships were forecasting a small underspend of £48,000, and Corporate Services is forecasting an overspend of £1.8 million, a reduction of £100,000 from month 6.

The approved capital programme budget for the Council is £234.7 million in 2024/25. The year-end forecast was £190.3 million, or 81% of the programme, of which £159.9 million was externally funded. The variance to budget of £44.4 million included a current forecast of slippage of £38.6 million into subsequent years, mainly due to Major Schemes within the Climate Change, Environment and Transport Directorate.

The Capital Receipts position, which was an important element of the Council’s capital financing strategy, was outlined at paragraph 3.38.

Corporate debt stood at £7.01 million and earmarked reserves (excluding schools  ...  view the full decision text for item 673.

(Councillors Brazil, Leaver and Whitton 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 (DFP/25/1), which presented the Budget Monitoring Position at Month 8, 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.

At Month 8 it was estimated that budgets would overspend by just under £3.9 million which was an improvement of £141,000 on the month 6 position. However, it was important to note that this excluded the Dedicated Schools Grant (DSG) deficit (outlined in full at 3.22 of the Report). Financial risks within Integrated Adult Social Care and Children and Young People’s Futures were still being experienced, but work continued to ensure the whole organisation was focused on achieving a break-even position by the end of the year.

Considerable work had been undertaken since spring 2024 to accelerate and deliver upon a range of Safety Valve and SEND service critical objectives and improvements. This included the launch of the Authority’s updated SEND Strategy, the rollout of early help pilot activity in North Devon, a range of support work around systems and statutory process improvements to assist and improve the handling of plan development, and agreement and cross organisational working around autism and other health related priorities. Progress continued around addressing the backlog of EHCP plans.

The DSG was forecasting an overspend of £51.6 million at month 8, an increase of £5.8 million from month 6.  The table at 3.1 of the Report summarised the Month 8 forecast position by directorate, excluding the Dedicated Schools Grant forecast.

                Integrated Adult Social Care services were forecast to overspend by £3.6 million, an increase of £2.5 million from month 6. Children and Young People’s Futures services were forecasting an overspend of £7.5 million, an increase of £212,000 from month 6 (not including the projected deficit on Dedicated Schools Grant (DSG) funded Special Education Needs and Disabilities (SEND)).

At Month 8, the Climate Change, Environment and Transport directorate was forecasting an underspend of £2.2 million, an increase of £160,000 from month 6. Public Health and Communities were forecasting an underspend of £2.1 million relating to vacancy management and delayed heritage projects. Performance and Partnerships were forecasting a small underspend of £48,000, and Corporate Services is forecasting an overspend of £1.8 million, a reduction of £100,000 from month 6.

The approved capital programme budget for the Council is £234.7 million in 2024/25. The year-end forecast was £190.3 million, or 81% of the programme, of which £159.9 million was externally funded. The variance to budget of £44.4 million included a current forecast of slippage of £38.6 million into subsequent years, mainly due to Major Schemes within the Climate Change, Environment and Transport Directorate.

The Capital Receipts position, which was an important element of the Council’s capital financing strategy, was outlined at paragraph 3.38.

Corporate debt stood at £7.01 million and earmarked reserves (excluding schools  ...  view the full minutes text for item 673.

Report of Director of Climate Change, Environment and Transport (CET/25/1), seeking approval for the A361 Barnstaple to Ilfracombe Safer Roads Fund Phase 1 scheme, attached.

An Impact Assessment has been prepared for the attention of Members at the meeting, is attached, and can be found at - The Safer Roads Fund – A361 Barnstaple to Ilfracombe Service.

(Councillors Leaver 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/25/1), which sought approval for the A361 Barnstaple to Ilfracombe Safer Roads Fund Phase 1 scheme, 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 sought to introduce the latest advancements in camera technology to encourage safer driver behaviour and support a reduction in the number of people being killed or seriously injured on the A361 between Ilfracombe and Barnstaple. The Department for Transport had identified the section as a ‘high risk’ route due to its poor safety record and had committed £5.04 million funding towards road safety improvements (Safer Roads Funding).

This Report recommended a first phase of measures, which included artificial intelligence (AI) cameras to detect seatbelts and distractions, and speed enforcement cameras which would support safer speeds. There was an opportunity to bring the installation of this first phase of measures forward during 2025/26. A phase 2 report seeking approval for junction upgrades and improved crossings on the A361 to support safer connectivity for pedestrians and cyclists, including access to bus stops would be presented at a future Cabinet meeting.

Appendix 1 identified the location of three new spot speed cameras, which were bidirectional cameras that could detect speeding traffic in both directions of travel. Two were being introduced to help reduce speeds within the local communities at Knowle and Ilfracombe and the other to help manage speeds on the 50mph A361 dual carriageway and its approaches into lower speed limits at Ashford and Barnstaple. 

Appendix 1 also illustrated the location of the two new average speed camera systems being proposed between Ashford and Chivenor and between Knowle and Mullacott Cross.

Section 5 of the Report gave details on the collision analysis and financial impact thereof as well as representations from Braunton Parish Council and the Knowle Community Group.

The table in section 6 of the Report summarised how the proposals would impact on the achievement of relevant Strategic Plan actions according to a seven-point scale.

An Impact Assessment had been prepared for Members at the meeting and could be found at - The Safer Roads Fund – A361 Barnstaple to Ilfracombe Service. This highlighted that the project would positively impact on the health and safety of the local population and local road users and as a primary County A-Road, would benefit road users and visitors from out of the County. The A361 provided an important transport link for communities and individuals of different socio and economic groups. By providing a safer and more reliable corridor, this would have a positive impact on providing access to employment, services and help promote social inclusion and connectivity.

The Council had powers under the Highways Act 1980 to acquire land necessary for the improvement of highways. Land could be acquired through negotiation or  ...  view the full decision text for item 674.

(Councillors Leaver 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/25/1), which sought approval for the A361 Barnstaple to Ilfracombe Safer Roads Fund Phase 1 scheme, 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 sought to introduce the latest advancements in camera technology to encourage safer driver behaviour and support a reduction in the number of people being killed or seriously injured on the A361 between Ilfracombe and Barnstaple. The Department for Transport had identified the section as a ‘high risk’ route due to its poor safety record and had committed £5.04 million funding towards road safety improvements (Safer Roads Funding).

This Report recommended a first phase of measures, which included artificial intelligence (AI) cameras to detect seatbelts and distractions, and speed enforcement cameras which would support safer speeds. There was an opportunity to bring the installation of this first phase of measures forward during 2025/26. A phase 2 report seeking approval for junction upgrades and improved crossings on the A361 to support safer connectivity for pedestrians and cyclists, including access to bus stops would be presented at a future Cabinet meeting.

Appendix 1 identified the location of three new spot speed cameras, which were bidirectional cameras that could detect speeding traffic in both directions of travel. Two were being introduced to help reduce speeds within the local communities at Knowle and Ilfracombe and the other to help manage speeds on the 50mph A361 dual carriageway and its approaches into lower speed limits at Ashford and Barnstaple. 

Appendix 1 also illustrated the location of the two new average speed camera systems being proposed between Ashford and Chivenor and between Knowle and Mullacott Cross.

Section 5 of the Report gave details on the collision analysis and financial impact thereof as well as representations from Braunton Parish Council and the Knowle Community Group.

The table in section 6 of the Report summarised how the proposals would impact on the achievement of relevant Strategic Plan actions according to a seven-point scale.

An Impact Assessment had been prepared for Members at the meeting and could be found at - The Safer Roads Fund – A361 Barnstaple to Ilfracombe Service. This highlighted that the project would positively impact on the health and safety of the local population and local road users and as a primary County A-Road, would benefit road users and visitors from out of the County. The A361 provided an important transport link for communities and individuals of different socio and economic groups. By providing a safer and more reliable corridor, this would have a positive impact on providing access to employment, services and help promote social inclusion and connectivity.

The Council had powers under the Highways Act 1980 to acquire land necessary for the improvement of highways. Land could be acquired through negotiation or  ...  view the full minutes text for item 674.

Report of the Director of Public Health and Communities (COM/25/1), seeking approval of the Civic Agreement between the Devon Association of Local Councils (DALC) and Devon County Council (DCC), attached.

An Impact Assessment has been prepared for the attention of Members at the meeting, attached and available at Proposed Civic Agreement between Devon Association of Local Councils and Devon County Council.

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

The Cabinet considered the Report of the Director of Public Health and Communities (COM/25/1), which sought approval of the Civic Agreement between the Devon Association of Local Councils (DALC) and Devon County Council (DCC), 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 outlined the current multi-tiered elected local government structures, with County, District and Town and Parish (TAPs) Councils in place. Positive, open and informed relationships and timely collaboration were key to daily activity as well as achieving joint strategic outcomes. In time of both crisis and celebration, local government bodies and their communities had worked closely together to support and connect and to facilitate and develop community resilience.

Devon Association of Local Councils (DALC) supported vibrant local governance in the county and aimed to strengthen the capacity, capability, and impact of local councils, whilst promoting the principles of democracy, transparency, inclusivity, and continuous improvement.

This proposed agreement was in line with the Government’s emerging Civil Society Covenant, which was subject to consultation in December 2024. This sought to better align Government departments with the community, voluntary sector, faith, and social enterprise sectors.

The Council and the DALC wished to reaffirm and galvanise further their historical but often ad-hoc working relationship through a shared Civic Agreement.

The agreement formalises previously ad-hoc collaborative activity, introducing a framework to inform, plan, facilitate, and implement joint strategic activities to achieve jointly agreed outcomes.

It further set out an ongoing commitment to work in partnership to better understand and collectively respond to key challenges and opportunities for Devon in the years ahead.

The agreement set out how shared strategic priorities, principles and ways of working would be developed and would be underpinned by an annual and mutually agreed plan of activity around specific areas of focus and priority, which would include key priorities for the Council.

The proposal aligned with the vision and priorities in the Council’s Strategic Plan 2021 – 2025 and the Corporate Plan (2024-25) and had the potential to enable delivery of aspects of the Council’s principles around good governance, decision making and partnership.

The Agreement would have no specific financial implication on the organisation and was a non-legally binding Memorandum of Understanding.

An Impact Assessment had been prepared for Members at the meeting, attached and was available at Proposed Civic Agreement between Devon Association of Local Councils and Devon County Council. This highlighted that the signing of the agreement could lead to significant positive impacts for all citizens through better sharing of information and insight and joint working to tackle specific issues, particularly those impacting people from groups with protected characteristics.

In summary, the proposal would help to deliver the Council’s Strategic and Corporate Plan priorities in developing its work with a key partner in Devon; would provide value for money in developing innovative  ...  view the full decision text for item 675.

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

The Cabinet considered the Report of the Director of Public Health and Communities (COM/25/1), which sought approval of the Civic Agreement between the Devon Association of Local Councils (DALC) and Devon County Council (DCC), 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 outlined the current multi-tiered elected local government structures, with County, District and Town and Parish (TAPs) Councils in place. Positive, open and informed relationships and timely collaboration were key to daily activity as well as achieving joint strategic outcomes. In time of both crisis and celebration, local government bodies and their communities had worked closely together to support and connect and to facilitate and develop community resilience.

Devon Association of Local Councils (DALC) supported vibrant local governance in the county and aimed to strengthen the capacity, capability, and impact of local councils, whilst promoting the principles of democracy, transparency, inclusivity, and continuous improvement.

This proposed agreement was in line with the Government’s emerging Civil Society Covenant, which was subject to consultation in December 2024. This sought to better align Government departments with the community, voluntary sector, faith, and social enterprise sectors.

The Council and the DALC wished to reaffirm and galvanise further their historical but often ad-hoc working relationship through a shared Civic Agreement.

The agreement formalises previously ad-hoc collaborative activity, introducing a framework to inform, plan, facilitate, and implement joint strategic activities to achieve jointly agreed outcomes.

It further set out an ongoing commitment to work in partnership to better understand and collectively respond to key challenges and opportunities for Devon in the years ahead.

The agreement set out how shared strategic priorities, principles and ways of working would be developed and would be underpinned by an annual and mutually agreed plan of activity around specific areas of focus and priority, which would include key priorities for the Council.

The proposal aligned with the vision and priorities in the Council’s Strategic Plan 2021 – 2025 and the Corporate Plan (2024-25) and had the potential to enable delivery of aspects of the Council’s principles around good governance, decision making and partnership.

The Agreement would have no specific financial implication on the organisation and was a non-legally binding Memorandum of Understanding.

An Impact Assessment had been prepared for Members at the meeting, attached and was available at Proposed Civic Agreement between Devon Association of Local Councils and Devon County Council. This highlighted that the signing of the agreement could lead to significant positive impacts for all citizens through better sharing of information and insight and joint working to tackle specific issues, particularly those impacting people from groups with protected characteristics.

In summary, the proposal would help to deliver the Council’s Strategic and Corporate Plan priorities in developing its work with a key partner in Devon; would provide value for money in developing innovative  ...  view the full minutes text for item 675.

Report of the Director of Public Health and Communities (PH/25/1) on developing Joint Protocols with NHS Devon for individual commissioning arrangements for Children and Young People, attached.

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

The Cabinet considered the Report of the Director of Public Health and Communities (PH/25/1) on developing Joint Protocols with NHS Devon for individual commissioning arrangements for Children and Young People, 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 outlined the general recognition and agreement between NHS Devon and the Council that there was not in place jointly agreed protocols for agreeing packages of care and organisational routes to agree funding responsibilities for children and young people (up to 18 years).  This was not the case for adults where joint agreements were in place. 

This absence of agreed, individual commissioning arrangements meant that there was a lack of timely, transparent and consistent decision making, which resulted in some needs of children and young people not being met.

Whilst there were some areas of good practice between NHS Devon and the Council, this was often informal, therefore there was a need to formalise these working practices and agree and formulate information sharing protocols between organisations and escalation procedures. 

There were numerous cohorts of children where needs could not be met through commissioned services and required collaboration between the NHS and local authorities to agree additional support needs. 

The proposal was to develop an agreed suite of Standard Operating Procedures (SOPs) providing clear and consistent operational guidance to ensure effective, efficient and equitable delivery of care.  These would provide a clear decision making framework, clarifying roles and responsibilities amongst stakeholders, where and how funding decisions were made and ultimately improve outcomes.  The expectation was to complete this task within six months. To embed good practice it was crucial that the SOPs were developed collaboratively.

Initial work had been undertaken and it was proposed to establish an Oversight Group with senior representation from both NHS Devon and the Council to produce an overarching joint working framework, including information sharing protocols, training expectations, organisational funding arrangements and escalation processes.

The Cabinet noted that not having such joint protocols in place meant a risk that organisations were paying for health and care which should be funded from other organisations. 

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 Director’s Report having been considered:

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

RESOLVED

(a) that an oversight group be created, tasked with producing an operating framework for NHS Devon and Devon County Council; and

(b) that a number of specific task and finish groups be established, with responsibility for producing joint Standard Operating Procedures.

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

The Cabinet considered the Report of the Director of Public Health and Communities (PH/25/1) on developing Joint Protocols with NHS Devon for individual commissioning arrangements for Children and Young People, 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 outlined the general recognition and agreement between NHS Devon and the Council that there was not in place jointly agreed protocols for agreeing packages of care and organisational routes to agree funding responsibilities for children and young people (up to 18 years).  This was not the case for adults where joint agreements were in place. 

This absence of agreed, individual commissioning arrangements meant that there was a lack of timely, transparent and consistent decision making, which resulted in some needs of children and young people not being met.

Whilst there were some areas of good practice between NHS Devon and the Council, this was often informal, therefore there was a need to formalise these working practices and agree and formulate information sharing protocols between organisations and escalation procedures. 

There were numerous cohorts of children where needs could not be met through commissioned services and required collaboration between the NHS and local authorities to agree additional support needs. 

The proposal was to develop an agreed suite of Standard Operating Procedures (SOPs) providing clear and consistent operational guidance to ensure effective, efficient and equitable delivery of care.  These would provide a clear decision making framework, clarifying roles and responsibilities amongst stakeholders, where and how funding decisions were made and ultimately improve outcomes.  The expectation was to complete this task within six months. To embed good practice it was crucial that the SOPs were developed collaboratively.

Initial work had been undertaken and it was proposed to establish an Oversight Group with senior representation from both NHS Devon and the Council to produce an overarching joint working framework, including information sharing protocols, training expectations, organisational funding arrangements and escalation processes.

The Cabinet noted that not having such joint protocols in place meant a risk that organisations were paying for health and care which should be funded from other organisations. 

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 Director’s Report having been considered:

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

RESOLVED

(a) that an oversight group be created, tasked with producing an operating framework for NHS Devon and Devon County Council; and

(b) that a number of specific task and finish groups be established, with responsibility for producing joint Standard Operating Procedures.

Report of Deputy Director & Head of Inclusion and Learning (Interim) (CS/25/01) presenting the annual return on the sufficiency of early years and childcare places, attached.

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

The Cabinet considered the Report of the Deputy Director & Head of Inclusion and Learning (Interim) (CS/25/01) which presented  the annual return on the sufficiency of early years and childcare places, 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 Cabinet noted the statutory duty as set out in Section 6 (1) of the Childcare Act 2006 to secure sufficient, accessible, affordable, high quality early years and childcare places so far as was reasonably practicable and that an annual report was made to elected Members on how the authority was meeting its duty.

The Report provided a summary of the annual Childcare Sufficiency Assessment, setting out the current key findings (detailed in the appendix), the use and leverage of national funding, steps being taken to retain and recruit a qualified workforce and the next steps proposed to maintain and meet the Council’s statutory duty to secure sufficient, accessible, affordable, high quality early years and childcare places so far as was reasonably practicable.

The Report outlined in detail Early years places for under-five-year-olds and Wraparound places for primary school aged children and the proposals moving forward including addressing new entitlements for working parents, Childcare Sufficiency Hot Spots and how the service was pro-actively responding to developing more childcare provision in these areas.

Nationally and in Devon, it was a challenge to recruit suitably qualified and experienced early years and childcare staff and a number of activities had been taken to support the recruitment and retention of staff within the sector, outlined in full at section 2.9.

The Service was taking a number of steps to improve and secure sufficient, accessible, affordable, high quality early years and childcare places. The key actions were provided at section 3 of the Report. Work included the draft Early Years Strategy which was underway to monitor and measure progress against actions relating to sufficiency of places, take up of funded entitlements, engaging with parents, quality of provision, recruitment and retention of staff within the sector and performance and management information.

The 2023/24 Childcare Sufficiency Annual Report (provided in the appendix) covered the period July 2023 to August 2024.

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 Deputy Director’s Report having been considered:

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

RESOLVED that the Childcare Sufficiency Assessment Annual Report be approved for publication to the Council’s website.

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

The Cabinet considered the Report of the Deputy Director & Head of Inclusion and Learning (Interim) (CS/25/01) which presented  the annual return on the sufficiency of early years and childcare places, 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 Cabinet noted the statutory duty as set out in Section 6 (1) of the Childcare Act 2006 to secure sufficient, accessible, affordable, high quality early years and childcare places so far as was reasonably practicable and that an annual report was made to elected Members on how the authority was meeting its duty.

The Report provided a summary of the annual Childcare Sufficiency Assessment, setting out the current key findings (detailed in the appendix), the use and leverage of national funding, steps being taken to retain and recruit a qualified workforce and the next steps proposed to maintain and meet the Council’s statutory duty to secure sufficient, accessible, affordable, high quality early years and childcare places so far as was reasonably practicable.

The Report outlined in detail Early years places for under-five-year-olds and Wraparound places for primary school aged children and the proposals moving forward including addressing new entitlements for working parents, Childcare Sufficiency Hot Spots and how the service was pro-actively responding to developing more childcare provision in these areas.

Nationally and in Devon, it was a challenge to recruit suitably qualified and experienced early years and childcare staff and a number of activities had been taken to support the recruitment and retention of staff within the sector, outlined in full at section 2.9.

The Service was taking a number of steps to improve and secure sufficient, accessible, affordable, high quality early years and childcare places. The key actions were provided at section 3 of the Report. Work included the draft Early Years Strategy which was underway to monitor and measure progress against actions relating to sufficiency of places, take up of funded entitlements, engaging with parents, quality of provision, recruitment and retention of staff within the sector and performance and management information.

The 2023/24 Childcare Sufficiency Annual Report (provided in the appendix) covered the period July 2023 to August 2024.

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 Deputy Director’s Report having been considered:

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

RESOLVED that the Childcare Sufficiency Assessment Annual Report be approved for publication to the Council’s website.

In considering the Report of the Task Group (Minute *185), the Children’s Scrutiny Committee at its meeting on November 2024 had RESOLVED that the Scrutiny Committee (a) endorses the report and recommendations and commends the report and recommendations to Cabinet; and (b) requests that Cabinet agrees the recommendations and that an update on the progress is brought back to the Committee in March.

The Task Group Report can be viewed here Fostering Task Group - Children's Scrutiny Committee – and the response of the Cabinet is attached.

(Councillors Adams, Leaver, Sanders and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet noted that the Children’s Scrutiny Committee at its meeting on 11 November 2024 had RESOLVED that the Scrutiny Committee (a) endorses the report and recommendations and commends the report and recommendations to Cabinet; and (b) requests that Cabinet acts against the recommendations and that an update on the progress is brought back to the Committee in March.

The Task Group Report could be viewed at Fostering Task Group - Children's Scrutiny Committee.

The Cabinet then considered a proposed response to each of the recommendations, after careful review, as outlined in section 4 of the Report.

Recommendations 1, 4, 5c, 5d, 6, 9 and 10 were agreed, recommendations 2, 3, 5b and 7 were partially agreed and recommendations 5a and 8 were not agreed, with the rationale for each explained in the Report.  

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

RESOLVED that the Cabinet response to the recommendations of the Children Scrutiny Fostering Task Group Report be approved.

(Councillors Adams, Leaver, Sanders and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet noted that the Children’s Scrutiny Committee at its meeting on 11 November 2024 had RESOLVED that the Scrutiny Committee (a) endorses the report and recommendations and commends the report and recommendations to Cabinet; and (b) requests that Cabinet acts against the recommendations and that an update on the progress is brought back to the Committee in March.

The Task Group Report could be viewed at Fostering Task Group - Children's Scrutiny Committee.

The Cabinet then considered a proposed response to each of the recommendations, after careful review, as outlined in section 4 of the Report.

Recommendations 1, 4, 5c, 5d, 6, 9 and 10 were agreed, recommendations 2, 3, 5b and 7 were partially agreed and recommendations 5a and 8 were not agreed, with the rationale for each explained in the Report.  

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

RESOLVED that the Cabinet response to the recommendations of the Children Scrutiny Fostering Task Group Report be approved.  

In considering the ‘Cost of Living Spotlight Review - Further progress Report on the cost of living recommendations and subsequent developments’ (Minute *195 of 28 November 2024), the Corporate Infrastructure and Regulatory Services Scrutiny Committee RESOLVED that in further considering the original recommendations (as indicated in the Report) from the Cost of Living Spotlight Report (March 2023), which were progressed and reported on in November 2023 (b) that Cabinet be asked to write to Government regarding the anomalies between the new state pension scheme and the preceding state pension scheme.

Recommendation

That Cabinet accepts the suggestion of the Corporate Infrastructure and Regulatory Services Scrutiny Committee and will write to Government regarding the anomalies between the new state pension scheme and the preceding state pension scheme.

The Cabinet noted that the Corporate Infrastructure and Regulatory Services Scrutiny Committee had considered the Report of the Director of Public Health and Communities ((COM/24/01) ‘Cost of Living Spotlight Review - Further progress Report on the cost of living recommendations and subsequent developments’) as Minute 195 of 28 November 2024 articulated.

The Corporate Infrastructure and Regulatory Services Scrutiny Committee had RESOLVED that in further considering the original recommendations (as indicated in the Report) from the Cost of Living Spotlight Report (March 2023), which were progressed and reported on in November 2023 (b) that Cabinet be asked to  write to Government regarding the anomalies between the new state pension scheme and the preceding state pension scheme.

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

RESOLVED that Cabinet write to Government outlining the concerns of the Corporate Infrastructure and Regulatory Services Scrutiny Committee regarding the anomalies between the new state pension scheme and the preceding state pension scheme.

The Cabinet noted that the Corporate Infrastructure and Regulatory Services Scrutiny Committee had considered the Report of the Director of Public Health and Communities ((COM/24/01) ‘Cost of Living Spotlight Review - Further progress Report on the cost of living recommendations and subsequent developments’) as Minute 195 of 28 November 2024 articulated.

The Corporate Infrastructure and Regulatory Services Scrutiny Committee had RESOLVED that in further considering the original recommendations (as indicated in the Report) from the Cost of Living Spotlight Report (March 2023), which were progressed and reported on in November 2023 (b) that Cabinet be asked to  write to Government regarding the anomalies between the new state pension scheme and the preceding state pension scheme.

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

RESOLVED that Cabinet write to Government outlining the concerns of the Corporate Infrastructure and Regulatory Services Scrutiny Committee regarding the anomalies between the new state pension scheme and the preceding state pension scheme.

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)  Control of Local Bus Services (Cllr Atkinson)

(b)  Children's Social Care Policy Statement (Cllr Aves)

(a)  Control of Local Bus Services

RESOLVED that Council be recommended to;

(a) Welcome the increased focus on improving local bus services;

(b) Build on the success of the current Devon Enhanced Partnership by closer working with Torbay Council and other strategic partners through the new Combined Authority; and

(c) Ask Officers to review content of the Buses Bill currently proceeding through Parliament to see what future options are available for the new Combined Authority.

(b)  Children's Social Care Policy Statement

RESOLVED that Council be recommended to;

(a) Note that on the 17th December 2024, the Government published the “Children’s Wellbeing and Schools Bill” which sets out the proposed legislative framework for achieving these changes. A specific focus of the policy statement and the bill is the management of and improvements to the care market for children in care and, as such, requests a Report from the Director of Children and Young People’s Futures on the implications of the measures contained within the Children’s Wellbeing and Schools Bill;

(b) Note and welcome that over the last 12 months, Children’s Services have increased the provision of residential care for children (both respite care for children with disabilities and mainstream children’s home provision) and of supported accommodation for care experienced people;

(c) Welcome the ongoing work with local providers to improve relationships and to provide “Devon Placements for Devon’s Children”, noting the specific focus on reducing the use of unregistered children’s homes;

(d) Welcome the new powers for Ofsted to investigate multiple homes being run by the same company, acting on the recommendations made in response to stop abuse from happening in children’s homes;

(e) Continue to improve the residential care opportunities in Devon to keep children in care near families, friends, and their school where appropriate;

(f) Increase the number of in-house residential care facilities and use not-for-profit providers, and, become involved in the setting up of Regional Care Co-operatives;

(g) Continue to reduce the number of children in unregistered children’s homes; and

(h) Where possible, provide or use not-for-profit homes where children and care experienced young people have access to properly trained staff who are able to give them the support, skills, and connections to friends and relatives that will continue to support them throughout their life.

The following Notices of Motion submitted to the County Council by Councillors Atkinson and Aves 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)      Control of Local Bus Services (Cllr Atkinson)

That Devon County Council as the transport authority together with the new combined authority, gives serious consideration to take advantage of the package of measures announced by the Transport Secretary on 9th September 2024 to empower local leaders to take control of their bus services . The expectation is that these measures will be the first stop on the journey to better buses.

The Council undertakes to report into the feasibility of these proposals for Devon and how these powers may be used to improve bus services.

That the County Council consider bringing strategic partners such as District Councils into the discussion, as the provision of effective bus services is something that affects us all and does not recognise boundaries.

Members considered the Officer’s factual briefing note on the matter (LDS/25/1) which referred to how bus services became deregulated under the 1985 Transport Act, the introduction of the Local Bus Services Act 2017 which gave powers for Enhanced Partnerships with local bus operators and other stakeholders, the Councils subsequent Bus Service Improvement Plan and the powers under the 2017 Act to Mayoral Combined Authorities to franchise their local bus services. The briefing note outlined the Buses Bill (2024), published on the 17 December 2024 and the franchising guidance published on the same date. The briefing note also highlighted and reflected on how the Council worked with others to improve local bus services under the current framework, including the Bus Forum, the role of the Highways and Traffic Orders Committee’s and how the Enhanced Partnership had significantly improved the working relationship between the Council and our local bus companies with an improvement in the quality of local bus services and improved patronage.

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact):

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

RESOLVED that it is recommended that the Council;

(a) Welcomes the increased focus on improving local bus services;

(b) Builds on the success of the current Devon Enhanced Partnership by closer working with Torbay Council and other strategic partners through the new Combined Authority; and

(c) Asks Officers to review content of the Buses Bill currently proceeding through Parliament to see what future options are available for the new Combined Authority.

(b)      Children's Social Care Policy Statement (Cllr Aves)

This Council Notes:

On 18 November the Department for Education published a policy statement  ‘Keeping Children Safe, Helping Families Thrive’, its new Children’s Social Care policy statement, setting out the government’s vision for reform and a legislative agenda to reset  ...  view the full minutes text for item 680.

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. There were no recommendations to Cabinet requiring approval.

Interviewing - Farms Estate Committee - 16 December 2024

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

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

Farms Estate (Interviewing) Committee – 16 December 2024

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.

Recommendation: that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 3 and 4 of Schedule 12A of the Act namely, the financial or business affairs of the preferred bidder or tenderers for the provision or supply of council goods or services and also relating to contemplated consultations or negotiations, in connection with labour relations matters, and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED that the press and public be excluded from the meeting for the following item of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely the financial or business affairs of persons tendering for the provision of council goods or services and of the County Council, in both cases, and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

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

RESOLVED that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 3 and 4 of Schedule 12A of the Act namely, the financial or business affairs of the preferred bidder or tenderers for the provision or supply of council goods or services and also relating to contemplated consultations or negotiations, in connection with labour relations matters, and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

An item to be considered by the Cabinet in accordance with the Cabinet Procedure Rules and Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, no representations having been received to such consideration taking place under Regulation 5(5) thereof)

Report of the Director of Integrated Adult Social Care (IASC/25/01) on contract award for Joint Community Equipment Services, attached.

An Impact Assessment has previously been published - Impact Assessment Community Equipment Service Contract Recommissioning.pdf

(Councillor Bullivant declared a personal interest in this matter by virtue of being a Trustee of an organisation who have delivered these services, noting there had been no involvement in the tender process, but withdrew from the meeting during its consideration).

it was MOVED by Councillor McInnes, SECONDED by Councillor Davis and

RESOLVED that the Cabinet acknowledges the completion of due diligence checks relating to the award of a 7-year contract as outlined in the recommendation of the Report and that the successful bidder has satisfied the due diligence checks, and confirms the decision to award the contract, as agreed by Cabinet on 9 October 2024.

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded, no representations having been received to such consideration under Regulation 5(5) of the  Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012).

(Councillor Bullivant declared a personal interest in this matter by virtue of being a Trustee of an organisation who have delivered these services, noting there had been no involvement in the tender process, but withdrew from the meeting during its consideration).

The Cabinet considered the Report of the Director of Integrated Adult Social Care (IASC/25/01) on the completion of due diligence on contract award for joint community equipment services, circulated prior to the meeting accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

In October 2024, Cabinet had agreed to award a 7-year contract for the provision of a joint Health and Social Care Community Equipment Service, following the completion of a competitive tendering exercise. 

The procurement process then entered the final ‘standstill’ stage whilst officers completed the final due diligence checks. The Report outlined those due diligence checks and asked that Cabinet reconfirm its October decision in that context.

An Impact Assessment had previously been published - Impact Assessment Community Equipment Service Contract Recommissioning.pdf

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, carbon impact, risk management, equality and legal considerations and Public Health impact) set out in the Director’s Report and/or referred to above having been considered:

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

RESOLVED that Cabinet acknowledge the completion of due diligence checks relating to the award of a 7-year contract and reaffirms its decision to award the contract.

(An item to be considered by the Cabinet in accordance with the Cabinet Procedure Rules and Regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012)

Joint Report of the Director of Children and Young People’s Futures and Director of Performance and Partnerships (CS/25/02), seeking approval for a feasibility study, attached.

It was MOVED by Councillor McInnes and SECONDED by Councillor Davis

RESOLVED that the recommendations as outlined in the Report be approved with the addition of one recommendation as stated and agreed in the meeting.

(An item taken under Section 100A(4) of the Local Government Act 1972 during which the press and public were excluded, no representations having been received to such consideration under Regulation 5(5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012).

The Cabinet considered the joint Report of the Director of Children and Young People’s Futures and Director of Performance and Partnerships (CS/25/02), seeking approval for a feasibility study for a children’s home, circulated prior to the meeting accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Report outlined the work to date with a cross-organisational team being brought together to develop concepts with the DfE. A working group had also been formed to develop the practical and operational overview of the project.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, carbon impact, risk management, equality and legal considerations and Public Health impact) set out in the Director’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that the principle outlined in the Report, in relation to a new children’s home, be supported;

(b) that a feasibility study be progressed to support Department for Education processes and obtain funds for a completed business case; and

(c) that once the feasibility study is complete, the matter will return to Cabinet for further consideration.