Agenda and minutes

Minutes of the meeting held on 8 July 2020 (previously circulated).

RESOLVED that the Minutes of the meeting held on 8 July 2020 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.

In accordance with the Cabinet Procedure Rules, the Leader and relevant Cabinet Member responded to 2 questions from a Member of the Council on

flooding in Barnstaple and highways drains and drainage and the Covid-19 test and trace system.

The Leader and Cabinet Member asked Councillor Greenslade to send any supplementary questions via email.

(A copy of the questions and answers are available on webpage for this meeting and any supplementary questions and answers may be observed through the webcast of this meeting).

Report of the County Treasurer (CT/20/65) outlining the Budget Monitoring Position at Month 4, attached.

(Councillors Biederman, Dewhirst, Greenslade and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

The Cabinet considered the Report of the County Treasurer (CT/20/65) outlining the Budget Monitoring Position at Month 4, 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 financial position and forecast for the Authority at month 4 (end of July) of the financial year and it was estimated that budgets would overspend by £4.5 millions. Whilst it was still early in the financial year, if the overspend materialised, it could be accommodated by not making the 2020/21 planned contribution to reserves of £4.5 millions.

The Dedicated Schools Grant funding shortfall, relating to Special Educational Needs and Disabilities (SEND), was forecast to be £26.8 millions. In line with Department for Education guidance, it was proposed this would be carried forward to future years.

Government had put in place a number of grant funding streams to help support Local Authorities during this difficult period, due to the pandemic, the most significant being the Local Authority Covid Support Grant, totalling £41.43 millions. Currently, there was an overcommitment of just over £4 millions against the grant, but if pressure continued and further funding was not forthcoming there would be a need to meet the overspend from reserves.

In terms of service areas, Adult Care and Health Services were forecast to overspend by just under £2.9 millions, Children’s Services were forecasting an overspend of £2.5 millions (not including the projected funding shortfall of £26.8 millions on Special Education Needs and Disabilities (SEND).

Highways, Infrastructure Development and Waste were forecasting an overspend of £500,000 at month 4 and Communities, Public Health, Environment and Prosperity (COPHEP) were forecasting a breakeven position. Corporate Services were forecasting an overspend of just over £1 million, the result of deferred income and cost pressures within Legal Services.

Non-service items, which included capital financing charges, were forecast to underspend by £2.4 millions.

In terms of the approved capital programme, the year-end forecast was £159.5 millions, producing forecast slippage of £18.2 millions, mainly attributable to variations and programme delays in Planning and Transportation (£12.0 millions net slippage) which reflected the complexity of the major schemes within the service.

Cabinet noted that the Council had been asked to act as the Accountable Body for the Further Education Digital Skills Accelerator project (FEDA), which would see the investment by Devon Colleges of £2.3 millions in new capital equipment funded 50% by Growth Deal funding and 50% by Devon Colleges. Acting as Accountable Body meant that the County Council was appointed by the Partnership to exercise duties and responsibilities on their behalf, such as processing grant claims to the LEP and reimbursing Colleges for eligible expenditure. The Council would not incur any expenditure,  ...  view the full minutes text for item 539.

Report of the Joint Associate Director of Commissioning (ACH/20/126) outlining the Market Sufficiency Position Statement (Adults) for 2020, attached.

The Impact Assessment that was carried out in January 2020 is still valid and can be found on the Impact Assessment Website.

(Councillors Biederman, Dewhirst, Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

The Cabinet considered the Report of the Joint Associate Director of Commissioning (ACS/20/126) outlining the Market Position Statement (Adults), 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 its meeting on 15 January 2020, Cabinet required (minute 448) that a

Market Sufficiency Report be presented annually (in September). The Report also detailed the initial impacts of COVID19 on adult social care markets

and set out actions to respond to them.

In terms of the strategic context, the pandemic had reinforced the importance of the adult social care sector to the safety and well-being of people and Cabinet noted that Devon’s health and care system had performed well throughout the pandemic, with support to providers and a strong platform to address future challenges. Work continued on new challenges, especially preparations for winter and assessing future risks.

A strong care workforce was paramount and the Report highlighted the recent ‘Proud to Care’ campaign which had resulted in approximately 150 new recruits as well as the Council’s increased investment into the pay of domiciliary care workers and commitment to review pay and conditions in care homes.

The Report set out 5 priorities which included Care Homes, Regulated (Domiciliary) Personal Care, Replacement Care, Day Opportunities and Supported Living with each section outlining the key risks and issues facing that sector.

Section 4 of the report outlined the work in relation to transforming the independent sector workforce and what a transformed social care workforce might look like in the future.

In summary, the Market Position Statement, along with the Sufficiency Statement, were key tools for analysis of the marketplace and delivering plans, both countywide and at a local level. Without a vibrant market, the Council would find it difficult to fulfil statutory obligations. Providers were significant partners as well as contractors and the Council continued to work with them to adapt the profile of supply and assist with planning.

Cabinet noted that the impacts and uncertainties arising from Covid-19, added to the issues that had already been present in the market, would be a major challenge for some years to come.

The matter having been debated and the other relevant factors (e.g. financial, consultations, risk management, equality, legal considerations and public health impact) set out in the Joint Associate Director’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that the impacts of COVID-19 on the adult social care market, together with associated financial risks (as outlined at sections 3 and 5 of the Report), be taken into account as part of budget preparation;

(b) that the actions being taken to address sufficiency and to  ...  view the full minutes text for item 540.

Report of the Head of Trading Standards (EES/20/3) seeking approval of a Proposed Extension of Shared Services Arrangement for Trading Standards, attached.

An Impact Assessment is also attached for the attention of Members at this meeting.

(Councillors Biederman, Dewhirst and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

The Cabinet considered the Report of the Head of Economy, Enterprise and Skills (EES/20/3) on the proposed extension of Trading Standards Services, 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 summarised a proposal for the renewal of the legal agreement to the joint Devon County Council, Somerset County Council and Torbay Council Shared Trading Standards Service for a further ten years from the 1^st April 2021. It also proposed an extension of the Joint Service to include Plymouth City Council, the Full Business Case of which could be made available on request. The previous Somerset agreement had been approved pursuant to Minute 200 of the County Council, 24 April 2013 and the Torbay agreement pursuant to County Council Minute 98, 27 April 2017.

The Report outlined the background to the shared service agreements with Somerset County Council and then Torbay Council in 2017 and the current arrangements including funding contributions.

It then outlined the proposed arrangements for a Joint Trading Standards Service covering Devon, Somerset and Torbay and being extended to include Plymouth.  This included staffing proposals for the Plymouth staff (8.29 FTEs, but 9 individuals) to TUPE transfer to Devon County Council on 1 April 2021.  The functions to be transferred across from each partner authority to Devon County Council were listed in Appendix 1 of the Report.

The funding arrangements would be similar to those currently in place but adjusted to include Plymouth Trading Standards Service, however, the Joint Service Review Panel had agreed that 3 years was an appropriate length of time at which future budgets should be set, balancing operational stability with uncertain funding pressures in the future.

The Joint Service would maintain its current offices in Devon, Somerset and Torbay and would also retain a presence in Plymouth. It was not anticipated that any staff would be required to relocate and no redundancies were proposed as a result of the merger.

The benefits of the merger were outlined in terms of a more efficiently delivery whilst still maintaining an acceptable level of service. It was unlikely that any significant level of saving could be achieved by the services operating individually, without impacting significantly on front-line service delivery. However, a number of non-financial benefits from a shared service could be realised and the Report outlined these in full such as greater resilience, professional expertise, “greater clout” in tackling major investigations,  economies of scale, maintaining the ability of all four Councils to fulfil statutory obligations and greater efficiency in training and maintenance of staff competencies.

As in 2013 and 2017, the approval of the full Council was required to transfer those trading standard functions to  ...  view the full minutes text for item 541.

In considering the matter raised under Standing Order 25 in relation to Virtual Meetings and the discussion of the Committee regarding the merit in allowing flexibility to continue with Virtual Meetings, the Corporate Infrastructure and Regulatory Services Scrutiny Committee at its meeting on 24 June 2020 (Minute 185 refers), RESOLVED ‘that the Cabinet be requested to write to Secretary of State to permanently change the law to enable virtual meetings to be a fixture of the effective running of local decision making for Local Authorities as this will support the most effective local decision making and action and further support green initiatives and carbon reduction’. 

Recommendation

That Cabinet note there are conversations with both the Local Government Association (LGA) and Association of Democratic Services Officers (ADSO) in terms of the future of meetings and flexibility moving forward and because this issue is the subject of a Notice of Motion from Council on 23 July 2020, it will be considered under the next agenda item.

The Cabinet noted that in considering the matter of virtual meetings (an item raised under Standing Order 25) at its meeting on 24 June 2020 (Minute 185 refers), the Corporate Infrastructure and Regulatory Services Scrutiny Committee had considered the merit in allowing flexibility to continue with virtual meetings. The Committee subsequently RESOLVED ‘that the Cabinet be requested to write to Secretary of State to permanently change the law to enable virtual meetings to be a fixture of the effective running of local decision making for Local Authorities as this will support the most effective local decision making and action and further support green initiatives and carbon reduction’. 

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

RESOLVED that Cabinet note the national conversations taking place in terms of the future of meetings and flexibility in moving forward and that Minute 534(a) of the Cabinet should be read in relation to this issue in response to the Notice of Motion from Council on 23 July 2020 relating to remote meetings.

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), to refer it to another committee or make a recommendation back to the Council:

(a)  Virtual Meetings and their Future (Councillor Biederman)

(b)  Diversity and Council Policy (Councillor Connett)

(c)  Black Lives Matter (Councillor Wright)

(d)  A Better Future For Local Government - Leadership and Finances (Councillor Hannaford

Recommendations of the Cabinet in response to the Notices Of Motion

Virtual Meetings and their Future

That it be noted that the Council has committed to holding remote meetings for the remainder of this year. However, in light of the wider issues raised in terms of budgets, climate change and the environment, the Procedures Committee be asked to produce a Report responding in full to the issues raised by the Motion, including any national debates on this matter.

Diversity and Council Policy

That Council be recommended to:

(a)  Support current and planned activities which help to:

(i)            Enable everyone in Devon to participate in, and contribute, to its society, economy, and communities;

(ii)          Remove barriers; and

(iii)         Tackle prejudice and inequalities.

(b)  Request a peer challenge, based on the LGA “Local Government Equality Framework’.

(c)  Encourage all mechanisms that would increase of the diversity of Councillors.

(d)  Supports all Members to actively engage with BAME people and organisations;

(e)  Provides advice and support to schools on how they can support students understanding of BAME experiences, their history and contributions; and

(f)   Notes that Members’ Locality Budget Fund can be used to support the diverse needs of all local communities.

Black Lives Matter

That Council be recommended to:

(a)  Support Members to find and take opportunities to promote and celebrate the role and work in Devon by BAME people past and present;

(b)  Support and encourage Members to engage with BAME people;

(c)  Note that the streetnames etc are the responsibility of District Councils, however, should the County Council be involved in any such processes, the LGA guidance will be followed;

(d)  Encourage Schools, Settings, DCC Babcock LDP to write a ‘Position Statement’ in reference to the Black Lives Matter campaign and post clearly on their website;

(e)  Write to the Secretary of State for Education urging him to write to schools encouraging them to;

                              i.        Capture the voice of children, young people and consider how their practices and structures will change in response to the recent Black Lives Matter movement;

                            ii.        Ensure that the school environment and curriculum delivery allows all students to see themselves reflected and included; and

                           iii.        Reflect on how they challenge historic and persisting racist ideas and to how they celebrate diversity

A Better Future For Local Government - Leadership and Finances

That Council be asked to:

(a)  Note the Reports contained within the appendix of the briefing report; and

(b)  Will carefully consider the detail of any proposals in the forthcoming Devolution and Local Recovery White Paper when determining what  ...  view the full agenda text for item 543.

(a) Virtual Meetings and their Future (Councillor Biederman)

(Councillor Biederman attended in accordance with Standing Order 8 and Councillors Dewhirst and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item).

‘That Devon County Council make a commitment to holding more virtual meetings, briefings and task groups post Covid-19. They have clearly been very successful, have made a huge saving to the Council in budgetary terms and they also help in the Council’s climate emergency aims, by reducing our carbon footprint. Council therefore asks the Procedures Committee to consider a Report on meetings in the future and what Committees, briefings and task groups could meet virtually.

Members considered the Officer’s factual briefing note on the matter (CSO/20/14) which referred to the requirements of the Local Government Act (1972) on Councillor attendance, the legality of attending meetings remotely, the flexibility permitted by the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 which permitted remote

attendance during the pandemic (until 7th May 2021), the Council’s meetings protocol and that a future Report would be prepared, detailing the financial implications as well as climate change and environment impact.

The Cabinet considered the recommendation before them and it was MOVED by Councillor Hart, SECONDED by Councillor McInnes, and,

RESOLVED that it be noted that the Council has committed to holding remote meetings for the remainder of the year. However, in light of the wider issues raised by the Motion in terms of budgets, climate change and the environment, the Procedures Committee be asked to produce a Report responding in full to the issues raised, including any national debates on this matter.

(b) Diversity and Council Policy (Councillor Connett)

Councillors Biederman, Dewhirst and Hannaford attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and spoke to this item). 

This notice of motion acknowledges the current situation facing underrepresented groups in Devon and seeks to support the work that is taking place UK wide to tackle racism and discrimination. Statistical data shows that individuals from Black Asian & Minority Ethnic (BAME) communities are underrepresented at every level in UK society, facing issues around social and economic mobility, and educational attainment, particularly affected by implicit racial bias and institutional racism.

Council recognises the contributions of individuals from BAME communities in society, business, and infrastructure across Devon both now and historically, and will not shy away from work which seeks to remove barriers, tackle prejudice and address inequality. 

In doing so the council calls for:

·         The review of Devon County Council's HR and Equalities practices and the inclusion of regular training for councillors and staff, to ensure the needs of  ...  view the full minutes text for item 543.

There was no question from a Member of the public.

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

Minutes of County Council Committees are published on the website:

Minutes of the Devon Education (Schools) Forum:  

Minutes of the South West Waste Partnership

Minutes of the Devon & Cornwall Police & Crime Panel

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

Devon Audit Partnership – 14 July 2020

Farms Estate Interviewing Committee – 27 July 2020

Farms Estate Interviewing Committee - 10 August 2020

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 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. 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.

(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, including the addition of the Devon Economic Recovery Plan, as highlighted at the meeting, reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (The Forward Plan could be fouond at http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0).