Agenda and minutes

Minutes of the meeting held on 9 February 2018 (previously circulated).

RESOLVED that the minutes of the meeting held on 9 February 2018 be signed as a correct record.

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

(An item taken under Section 100B(4) of the Local Government Act 1972).

(Councillors Brazil, Connett, Dewhirst, Hannaford and Shaw attended in accordance with Standing Order 25(2) and spoke to this item).

The Chair had decided that the Cabinet should consider these items as a matter of urgency.

(a)   Staff and Contractors during Poor Weather Conditions

The Leader of the Council paid tribute to all those staff and contractors for their overwhelming support during the recent snow and poor weather conditions and those who continued to work to reach isolated communities to ensure people were safe. He further highlighted the positive response from the public.

(b)   A379 at Slapton

The Leader further welcomed the recent announcement that Government would provide £2.5m of financial assistance to ensure that the A379 at Slapton would be repaired and rebuilt. Thanks were given to Sarah Wollaston MP who had raised the issue with both the Transport Secretary Chris Grayling and the Prime Minister, resulting in this funding to the Council.

There was no announcement by the Chair at this meeting.

The Leader was presented, by Mrs Amy Sweet, with a petition organised by Exmouth Bosom Buddies, a group providing help and support to breastfeeding mothers, containing 533  signatures expressing concern over reduced funding to services at Withycombe Centre.

The Chair indicated that the relevant Cabinet Member would be asked to respond direct to the petitioners on the issues raised, within 15 days.

[NB: The relevant Cabinet Member would respond in line with the Council’s Petition Scheme (http://democracy.devon.gov.uk/ieListDocuments.aspx?CId=416&MId=2487&Ver=4&info=1 ]

In accordance with the Cabinet Procedure Rules, the Leader and relevant Cabinet Members responded to four questions from Members of the Council on political awareness for young deaf people in Devon, the Council and Accountable Care Organisations, the lawfulness of Accountable Care Organisations and the Democratic Authority of Partnership Agreements.

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

[NB: A copy of the questions and answers are appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html and any supplementary questions and answers may be observed through the webcast of this meeting – see Notes below]

Report of the County Treasurer (CT/18/03) on Budget Monitoring and the Month 10 position, attached. 

(Councillors Connett, Dewhirst, Greenslade, Hannaford and Shaw attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of County Treasurer (CT/18/03) on Budget Monitoring and the Month 10 position, 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 Member for Resources and Asset Management highlighted that the total underspend at month 10 was forecast at just over £6.0 millions.

The Report further outlined that Adult Care and Health Services were forecast to underspend by £6.5 millions, an increase of £1.8 millions from the underspend reported at month 8. This was being driven by the operational position being influenced by recent reductions in client numbers, additional staff vacancy savings and further savings on contracts. The position reflected the £77,000 of management action yet to be achieved. As a breakdown, Adult Care Operations were forecasting to underspend by £5.4 millions, Older People and Physical Disability services forecast to underspend by £2.5 millions, Sensory, Community Enabling, Social Care Reablement and other operational budgets were showing an underspend of £767,000, Learning Disability services, including Autistic Spectrum Conditions, were forecast to overspend by the end of the year by £1.6 millions, the result of higher numbers of care packages than budgeted and Adult Commissioning and Health was forecast to underspend by £1.1 millions.

In Children’s Services, a forecast overspend of £3.4 millions was showing, an increase on the month 8 position of £50,000. Children’s social care was forecast to over spend by £2.6 millions, the Placements budget to overspend by £3.3 millions. Disabled Children’s Services were forecasting a £387,000 overspend. The overspends had been partially offset by other savings including vacancy management, lower legal disbursement charges and other variations of £1.1 millions. The non DSG element of Education and Learning was forecasting an overspend of £801,000, a decrease of £104,000 since month 8 and the Dedicated Schools Grant forecasting  to overspend by £2.7 millions.

Highways, Infrastructure Development and Waste were forecasting an underspend of just over £1.0 million, an improvement of £794,000 from month 8.

Communities, Public Health, Environment and Prosperity (COPHEP) were showing a forecast underspend of £502,000, an improvement of £268,000 against month 8.

Corporate Services were forecasting an underspend of £315,000 against a month 8 break-even position.

In terms of Capital Programme Expenditure, the year-end forecast was £133.2 millions, producing slippage of £32 millions. Slippage had been identified in respect of Marsh Barton station (£3.7) millions, South Devon Highway (£2.5) millions, A361 Gornhay to M5 (£3.2) millions, Connecting Devon & Somerset (£2.0) millions and Street Lighting improvements (£2.4) millions.

The Cabinet noted that whilst it was pleasing that a relatively small underspend was being projected, it was impossible to forecast or control the weather and the Council was dealing with the aftermath of significant levels of snow and a storm and the cost of dealing with the emergency was still being assessed.

The matter having been  ...  view the full minutes text for item 143.

Report of the Head of Planning, Transportation and Environment (PTE/18/8) on the Flood Risk Management Action Plan 2018/2018, attached.

(Councillors Brazil, Dewhirst, Greenslade and Hannaford attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/18/8) on the Flood Risk Management Action Plan 2018/2018 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 provided Cabinet with an update of the ongoing development and delivery of essential flood improvements, as set out in the current year’s Flood Risk Management Action Plan and to gain approval for the 2018/19 Action Plan relating to the Council’s role as Lead Local Flood Authority (LLFA).  The Report showed the Council’s Flood and Coastal Risk Management Team had worked in partnership with other Risk Management Authorities (RMAs), including the delivery of collaborative schemes, in implementing the functions and principles set out in the Devon Local Flood Risk Management Strategy and the level of external funding that has been drawn down from Defra, Local Levy and other RMAs.

The Head of Service for Planning, Transportation and Environment referred to the achievements for 2017/18 which had included resolving local issues, reviewing and approving Land Drainage Consents, taking an enforcement case to court, the delivery of the flood improvements set out in the 2017/18 Flood Risk Management Action Plan and the implementation of the new DCC Property Level Resilience (PLR) grant scheme. A fuller update, including an illustrated summary of the work and projects delivered by the Flood and Coastal Risk Management Team in 2017/18, was included at Appendix I to the Report.

The proposed Flood Risk Management Action Plan for 2018/19 was attached at Appendix II and much of the Plan consisted of high priority projects already underway. The completion of these schemes, costing in the region of £3m, should reduce flood risk to over 300 properties, including dwellings and businesses. 

In summary, making Devon more resilient to flooding was a strategic aim for the Council and the Action Plan continued to focus on supporting communities as the risk of flooding continued to be a threat.

The Cabinet noted that a Strategic Environmental Assessment had been produced to support the Local Flood Risk Management Strategy which identified that all schemes, during their development, would need to be assessed to ensure the proposals had due regard for the environment and, where possible, enhancements incorporated.  Each review of the potential environmental impacts would be carried out using the corporate integrated assessment tool and ‘Environmental Review’ process at the appropriate time.

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 Head of Service’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that the implementation and associated financial allocations of the County Council’s 2018/19 Flood Risk Management Action Plan be approved; and  ...  view the full minutes text for item 144.

Report of the Head of Education and Learning (CS/18/10) on the Review of Special Educational Needs Provision, attached.

Also attached is an Impact Assessment.

(Councillors Connett, Dewhirst, Greenslade, Hannaford and Shaw attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Education and Learning (CS/18/10) on the Review of Special Educational Needs Provision, 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 that the Strategic Review of SEND Provision had provided a targeted focus for delivering the objectives within the Devon’s Multi-Agency Strategy for Children and Young People with Special Education Needs (SEND) 2017 -2020.

This Multi-Agency Strategy set six strategic priorities to improve outcomes for children and young people with SEN & disabilities and their families and had the overarching aspiration that learners with SEN would have access to good or better provision in their local community and was committed to reviewing SEN provision annually to ensure it was in the right location, of sufficient quality and there was a good match between demand and supply.

Alongside this, the Department for Education had required all Local Authorities to undertake a strategic review and allocated capital funding to support recommendations arising from this piece of work.

The 2017-18 Strategic Review of SEND Provision was attached at Appendix A to the Report and would be published on the SEND Local Offer website.

The Department for Education had allocated Devon the Special Provision Fund, a three-year allocation of £2,247,854 (£749,285 per year). It was proposed that the funds sit within the PTE Capital Programme and be allocated as summarised in Appendix B to the Report. In order to support schools, it was proposed in the first year to allocate £350,000 for schools, in partnership with the 0-25 team.

The Plan further highlights the review undertaken on Resource Bases within Devon’s

schools to ensure they were meeting the needs of Devon learners. Cabinet noted that there was no longer demand for some centres (low numbers, little / no parental preference etc), but the future of these would be subject to consultation, where required, as detailed in Appendix C.

The Plan also provided the evidence to increase provision to support students with

Social Emotional and Mental Health (SEMH) needs and the proposal regarding new provision, by increasing Special School provision at Charlton Lodge in Tiverton, was confirmed.

The Report outlined that the Review had consulted, in particular, with young people and parents/carers. The consultation findings would be published on the SEND Local Offer Website. In addition, the Children’s Scrutiny Committee and the SEND Improvement Board had been briefed on the plan’s development.

The Head of Service’s Report also incorporated an Impact Assessment relating to the possible impacts of the proposal, which had been circulated previously for the attention of Members at this meeting in order that as part of its determination of the next steps in the process the Cabinet might have full regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty, under s149 of  ...  view the full minutes text for item 145.

Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/18/17), on a proposed policy for sponsorship and advertising on Highway assets and associated infrastructure, attached.

An Impact Assessment is also attached.

This item was withdrawn, pending further consultations.

Report of the Head of Planning, Transportation and Environment (PTE/18/9) which provided a proposed consultation response to the Department for Transport’s proposals for the creation of a Major Road Network.  It also outlined the desirability for the formation of a South West Peninsula Sub-National Transport Body (STB), attached.

(Councillors Connett, Dewhirst, Hannaford and Shaw attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/18/9) 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, which provided a proposed consultation response to the Department for Transport’s proposals for the creation of a Major Road Network.  It also outlined the desirability for the formation of a South West Peninsula Sub-National Transport Body (STB), which would be subject to future legislation.

The Report highlighted that as part of the Transport Investment Strategy, published in 2017, the Government committed to creating a Major Road Network (MRN) across England.  The need for a MRN was identified in the Rees Jeffreys Road Fund Report, highlighting there were a set of economically important roads that deserved a similar level of attention to the Strategic Road Network (SRN) (in Devon the SRN is the M5, A30, A38 and A35).

A 12-week consultation period was being held between 23 December 2017 and 19 March 2018 which outlined the Government’s proposals and sought views on its core principles, the definition of the network, investment planning, and eligibility and investment assessment.

The Consultation also set out that the MRN would form a consistent, coherent network, alongside the SRN, to allow better coordination of road investment, provide funding certainty to roads in the network through use of the National Roads Fund (funded by Vehicle Excise Duty), and raise standards and performance across the new network and provide clear roles for local and regional partners, who would support the Government to develop and deliver MRN schemes.

The document also set out a preference for Sub-National Transport Bodies (STBs) to be formed which would have an important role in the MRN investment planning.

A proposed consultation response from the Council was attached as an Appendix to the Report and also summarised the main points which outlined that the proposals included both quantitative and qualitative criteria for identifying links that should be included in the MRN, but there were links that would benefit from inclusion in the MRN which were currently omitted under the criteria, which included the A386, particularly between Plymouth and Sourton Cross and Sourton Cross and Bideford, the A376, A382, Sherford Road between Elburton Road and Deep Lane junction, the A39 between Minehead and Barnstaple and the A388.

The response also highlighted that in terms of investment planning, there were roles proposed for local, regional and national bodies which would need to be defined clearly to avoid confusion. 

Furthermore, in terms of the ‘Eligibility & Investment Assessment’, where the proposed funding thresholds were for schemes between £20million and £50million, with some schemes with a strong case being eligible for up to £100million, it was suggested that it would be preferable to lower the minimum cost threshold. 

The matter having been debated and the options and/or alternatives and other relevant factors (e.g.  ...  view the full minutes text for item 147.

Report of the Chief Executive (ACH/18/81) on Health and Care Integration in Devon, attached.

(Councillors Ackland, Connett, Greenslade and Shaw attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Chief Executive (ACH/18/81) on Health and Care Integration in Devon, 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 national context which had been a national policy driver towards the integration of health and social care with successive governments using the term without prescribing a solution or answer. It also outlined that, in 2016, the Local Government Association, Association of Directors of Adult Social Services, the NHS Confederation of Providers and NHS Clinical Commissioners published a vision for the integration of adult social care (Stepping Up to the Place) and made a shared commitment to a collective approach to achieving integration by 2020.

Devon had been developing its integrated working and the Report outlined the proposals in the latest phase towards a fully integrated health and care system across wider Devon. It also reiterated the key milestones over the last several years which had included a Section 75 agreement for the provision of services to working age adults with mental health needs, a Section 75 partnership agreement between local authorities and the NHS for pooling resources and delegating certain NHS and local authority functions to other partners, co-location and co-management of community health and social care services and joint governance of pooled budgets, including of the Better Care Fund from 2015.

The Report then set out the way forward to bring about further health and care integration in Devon, but noting there was no proposed changes to the formal governance of health and Care in Devon as proposed.

In order to support the delivery of health and care and achieve outcomes of improving quality, lowering costs and enriching user experience, partners were planning to further develop partnership through the establishment of an Integrated Care System (ICS).  This was alongside the statutory duty of the local authority to co-operate with NHS partners of which collaboration and partnership were key features of an ICS approach. The ICS was not an Accountable Care Organisation (ACO) which had been subject to national consideration and debate. It was not about changing organisational accountability or privatisation of either NHS or council services and the local authority would remain responsible for all its existing statutory obligations.  NHS statutory obligations remained unchanged. The development of an Integrated Care System in Devon mirrored the approach being taken nationally.

The Report outlined the following actions that had been agreed in Devon;

(i)            A single integrated strategic commissioner for health and social care, primary care and specialised commissioning (plans were being developed, although the first step would see the County’s two Clinical Commissioning Groups working together to manage the overall annual NHS budget of £1.5 billion, set strategic direction, co-commission services, develop plans for the future and work more jointly with Local Authority Partners;

(ii)           A number  ...  view the full minutes text for item 148.

Report of the County Solicitor (CSO/18/11) on the Notices of Motion referred to the Cabinet by the County Council on 15 February 2018, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised.

(a)   Accountable Care Systems; and

(b)   Sunset for the Royal Marines and Future Resilience

(a) Accountable Care Systems

Councillor Shaw attended in accordance with Standing Order 8 and Councillors Ackland and

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

This Council is concerned by the decision of the Devon Clinical Commissioning Groups to introduce an Accountable Care System for Devon’s NHS and adult social care services from 1st April 2018, without the full agreement of this Council.

In view of the widespread public concern over Accountable Care Systems and Accountable Care Organisations, and the decision of NHS England to hold a 12-week consultation on ACOs, this Council calls on the Devon CCGs to put the introduction of the ACS on hold until local people have been fully consulted on the plans’.

The Mover of the Notice of Motion (wording of Motion outlined above) had sought the Cabinet’s support for the course of action originally proposed and raised further concerns over the Governance of future arrangements. Members considered the relevant Officer’s factual briefing/position statement on the matter and their support for the recommendation now before the Cabinet, representations previously made and to actions now proposed or 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 Hart, SECONDED by Councillor Leadbetter, and

RESOLVED

(i) that the Council be asked to note the Report of the Chief Executive (ACS/18/83) which outlined the key features of an emerging Devon Integrated Care System, outlining the statutory duty of the local authority to co-operate with NHS partners and the focus on Integrated Care Systems bringing together aspects of health and social care, enabling organisations to share services, budgets, staff and resources where appropriate to best meet the needs of the populations they serve and also the briefing note circulated to all Members of this Council on 9 February which confirmed there was no creation of a new organisation;

(ii) that the Council be asked to note there are no proposed changes to existing Governance or accountability arrangements from 1 April 2018; and

(iii) that the Council, in line with the recommendations to Cabinet in Report ACS/18/83, welcome and endorse the invitation for the Health and Adult Care Scrutiny to include Integrated Care System Governance in its work programme to inform future decision making and to ensure Scrutiny Members are involved in the planning for these integrated arrangements.

(b) Sunset for the Royal Marines and Future Resilience

Councillor Greenslade attended in accordance with Standing Order 8 and Councillor Hannaford attended in accordance with Standing Order 25(2) and spoke to this item).

The County Council expresses concern at the conclusions of the Defence Select Committee report “Sunset for the Royal Marines” regarding the future strength of the Royal Marines and the implications for the economy of the county and the viability of Royal Marine bases in Devon such as those in Plymouth and at RMB Chivenor.

Devon County Council resolves to play an active part in lobbying to  ...  view the full minutes text for item 149.

(Councillor Parsons, notwithstanding having a dispensation, declared both a personal and disclosable pecuniary interest in this matter by virtue of having a young person in care at home and his partner being in receipt of remuneration and left the room during consideration of the item)

In accordance with the Council's Public Participation Rules, the relevant Cabinet Member responded to four 4 questions from Members of the public on Foster Carers Allowances and Fees, Changes to Fostering Allowances, Reduction in Tier 3 Carers payments and Ex-Family Care Workers.

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

[NB: A copy of the questions and answers are appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html and any supplementary questions and answers may be observed through the webcast of this meeting – see Notes below]

Minutes of the bodies shown below are circulated herewith for information or endorsement as indicated therein:

Standing Advisory Council for Religious Education – 6 February 2018

Devon Authorities Strategic Waste Committee - 7 February 2018

Farms Estate – 12 February 2018

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

Minutes of the Devon Education (Schools) Forum:  

Minutes of the South West Waste Partnership

Minutes of the Devon & Cornwall Police & Crime Panel

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

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

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

Standing Advisory Council for Religious Education – 6 February 2018

Devon Authorities Strategic Waste Committee - 7 February 2018

Farms Estate – 12 February 2018

The Registers of Decisions taken by Members under the urgency provisions or delegated powers will be available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.  A summary of such decisions taken since the last meeting is attached.

The Registers of Decisions taken by Members under the urgency provisions or delegated powers were available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012; a summary of decisions taken since the last meeting had been published with the Agenda for this meeting. 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 may be viewed at  https://new.devon.gov.uk/democracy/officer-decisions/

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.

[NB: The Forward Plan is available on the Council's website at:http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0&bcr=1 ]

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 (including an item on Community Transport raised at the meeting) 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 (at http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0).