Agenda item

Report of the County Solicitor (CS/16/21) on the Notices of Motion referred to the Cabinet by the County Council on 12 May 2016, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised, attached.

 

The Cabinet considered the Report of the County Solicitor (CS/16/21) relating to those Notices of Motion set out hereunder submitted to the County Council by the Councillors shown incorporating any factual briefings or position statements on each prepared by the relevant Head of Service to facilitate the Cabinet’s discussion of each Notice of Motion.

 

(a)  School Crossing Patrol Service

 

(Councillor Connett attended in accordance with Standing Order 8 and Councillors Dewhirst and Westlake in accordance with 25(2) and spoke to this item).

 

The following Notice of Motion submitted to the County Council by Councillor Connett had been referred to the Cabinet in accordance with Standing Order 8(2), for consideration or  referral to another committee and to subsequently make a recommendation back to the Council:

‘To ensure the school crossing patrol service is protected and continues to operate, this council will ensure:

1.     all crossing patrol vacancies are promptly filled and not left vacant to help with 'vacancy management savings';

2.     No school crossing patrol site will be deleted from the council's establishment without a report presented first to Place Scrutiny and Cabinet.

3.     An annual 'state of the service' report is presented each February detailing the number of school crossing patrols, any vacancies in the preceding year, how long they have been vacant and the robust steps taken to fill posts; and

4.     where it can be shown there is a proven need the Council will look favourably on new applications for a school crossing patrol’.

The Mover of the Notice of Motion having spoken to his proposal the matter was subsequently debated having regard to the aforementioned, the relevant Head of Service’s factual briefing/position statement on the matter, the relevant Cabinet Members’ recognition of the importance of the issues now raised and any suggestions or alternatives or other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

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

 

RESOLVED that in accordance with Standing Orders 6 & 8, the County Council acknowledge the principles of the Notice of Motion and be advised to adopt the following actions which Cabinet believes fundamentally meets it’s underlying objectives, namely:  

 

(a)  that, as part of the Annual Review of Child Injury Collisions in Devon to be made available to the Place Scrutiny annually after the end of the Academic Year, the operation of the School Crossing Patrol Service be reviewed (including collision and casualty performance at all crossing patrol sites) and vacancy management over the preceding 12 months and any service developments (i.e changes in national guidance/criteria); 

 

(b) that consideration to the filling of vacancies at existing school crossing patrol sites which no longer automatically meet the national criteria for funding and requests for new sites be given initially by the appropriate HATOC having regard to a full  technical assessment of the site and any associated matters to be submitted as part of that consideration, with a view to making a recommendation to the Cabinet Member with responsibility for highways and road safety matters who shall either endorse the HATOCs recommendation or refer it to Cabinet for further consideration;

 

(c) that, recognising for any new development or change to the highway network resulting from any new development it would be a priority to ensure that appropriate facilities for children crossing the road were incorporated in the physical highway infrastructure, s106 contributions be correspondingly sought from developers for the costs of providing those necessary additional facilities.

 

(b)  White Paper ‘Education Excellence Everywhere’/Academisation of Schools

 

(Councillors Hannan and Greenslade attended in accordance with Standing Order 8 and Councillors Julian and Owen in accordance with 25(2) and spoke to this item).

 

The following Notices of Motion submitted to the County Council by Councillors Hannan and  Greenslade respectively had been referred to the Cabinet in accordance with Standing Order 8(2), for consideration or referral to another committee and to subsequently make a recommendation back to the Council:

 

by Councillor Hannan:

 

‘This Council notes that the Cabinet Member for Children, Schools and Skills, the Deputy Leader of the Council and the County Councillors Network along with many District and County Councils, of all political colours, have made statements that oppose various aspects of the changes to our education system proposed in the White Paper ‘Education Excellence Everywhere’.

 

The Council welcomes the decision of the Secretary of State for Education to abandon plans to force all of England’s schools that are still maintained by their local authorities to become academies.  However, it regrets that some schools may still be forced to convert, including those in local authorities where academies are in a large majority, those in authorities whose maintained schools are deemed to be failing overall to meet a minimum performance threshold, and those seen as struggling or failing to improve sufficiently.

 

The Council remains concerned about other aspects of the White Paper and the government’s continued commitment to full academisation, with regard to:

 

1.         School exclusions – giving schools from which excluded pupils originate the responsibility to fund AP (alternative provision such as placement in a pupil referral unit) and to continue to ensure the quality of their education.  This makes informal exclusion more likely and encourages schools not to admit vulnerable children especially those with behaviour problems.  There will also be problems providing for pupils already in referral units and for those who move with their parents to Devon from other local authorities.

2.         Further academisation making it more difficult for local authorities to ensure 'sufficiency of AP in their area' without the power to direct academy/free schools and without the AP funding which they currently use to commission pupil referral units as Devon does via Schools Company.

3.         The lack of acknowledgement of the considerable additional costs falling upon local authorities in managing the transition of schools to academy status, and through having continuing responsibility for school transport and safeguarding.

4.         The impact on small rural schools that could suffer ‘a spiral of decline’ if the networks to support them provided through the local authority were removed.

5.         The diminution of the role of local authorities in undertaking school monitoring (holding schools to account) and providing support for school improvement.

6.         The impact on vulnerable children with local authorities continuing to have a statutory responsibility for their education, but with very few powers to help them to fulfil that duty with more schools becoming academies.

 

Therefore, this Council confirms its opposition to forced academisation and joins with others in expressing its concerns about other aspects of the White Paper, including those mentioned above, and will write to the Secretary of State for Education and to all Devon MPs to make its position clear and to ask for the proposed changes to be reconsidered’.

 

by Councillor Greenslade

 

“County Council congratulates all those who have successfully lobbied and persuaded the Government to abandon its plans to force all schools to become academies. However County Council continues to have concerns that some schools may still be forced to become academies and resolves to support the LGA, CCN and others in ensuring all schools, which are not yet academies, have the opportunity to take their own “democratic “ decisions about their status and not be forced by Government dictate to convert.”

 

The Movers of the Notices of Motion having spoken to their proposals, the matter was subsequently debated having regard to the aforementioned, the relevant Head of Service’s factual briefing/position statement on the matter, the desirability of local democratic accountability being maintained, the action already taken by the Council (Minute 5/13 April 2016 and Council Minutes 9 and 12 May 2016 refer) and any suggestions or alternatives or any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

 

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

 

RESOLVED that, acknowledging the concerns raised in both Notices of Motion around the impact of the White Paper’s proposals on forced academisation, provision for vulnerable students and the future ‘education’ responsibilities of local authorities - all of which have and will continue to be reflected in the representations and actions being taken by the Cabinet - the County Council be advised in accordance with Standing Orders 6 & 8 to accept both Notices of Motion.  

 

(d)  Flood Alleviation

 

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

 

The following Notice of Motion submitted to the County Council by Councillor Greenslade had been referred to the Cabinet in accordance with Standing Order 8(2), for consideration or  referral to another committee and to subsequently make a recommendation back to the Council:

 

“The County Council welcomes the recent report and conclusions by Cabinet in respect of flood alleviation in Devon: however the  County Council is concerned that real needs will not be matched by the investment required to deliver within the time frame needed to protect communities from increased flood risk and therefore resolves that the County Council mount a sustained lobbying programme for increased funding from Government for flood alleviation seeking support from the LGA, CCN and Devon MP’s.”

 

The Mover of the Notice of Motion having spoken to his proposal the matter was subsequently debated having regard to the aforementioned, the relevant Head of Service’sfactual briefing/position statement on the matter and any suggestions or alternatives or other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact).  Subsequently, and in acknowledging the importance of new, engineered flood defences as one means of reducing flood risk across Devon alongside more effective use of the planning system and an increased focus on natural flood risk management techniques, as set out in Devon’s Local Flood Risk Management Strategy:

 

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

 

RESOLVED that, in accordance with Standing Orders 6 & 8, the County Council be advised to (i) endorse the spirit of the Notice of Motion and direct Cabinet to continue to call on Government (directly and through the LGA, CCN and Devon MP’s) for increased investment in measures to reduce flood risk in ways which fairly reflect the needs of large, rural counties such as Devon and (ii) endorse the on-going implementation of the priorities set out in the Devon Local Flood Risk Management Strategy in collaboration with all relevant bodies, making best use of available resources.

 

(e)  Barnstaple Park & Ride

 

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

 

The following Notice of Motion submitted to the County Council by Councillor Greenslade had been referred to the Cabinet in accordance with Standing Order 8(2), for consideration or  referral to another committee and to subsequently make a recommendation back to the Council:

 

“Following the loss of the Park & Ride service for Barnstaple, County Council asks Cabinet to urgently find the ways and means of reinstating a Park & Ride service for Barnstaple at the earliest opportunity.”

 

The Mover of the Notice of Motion having spoken to his proposal the matter was subsequently debated having regard to the aforementioned, the relevant Head of Service’sfactual briefing/position statement on the matter and any suggestions or alternatives or any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

 

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

 

RESOLVED that in accordance with Standing Orders 6 & 8, the County Council be advised to note the Notice of Motion, acknowledging also the action already being taken by the Cabinet to achieve the desired outcome set out in therein and to ask the Cabinet Member (i) to ensure all ‘local’ Members whose Divisions would be affected by any proposals were kept informed of developments on a regular basis, (ii) continue to lobby Government and the Local Enterprise Partnership for funding for appropriate schemes and (iii) to continue exploring other potential park & ride sites including that previously suggested for the North Devon Hospital.