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 -  A list of 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 -  A list of county councillors who are also district, borough, city, parish or town councillors. The Leader indicated he would declare an interest under agenda item 15.

Minutes of the meeting held on 13 March 2024, (previously circulated).

RESOLVED that the minutes of the meeting held on 13 March 2024 be signed as a correct record.

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

RESOLVED that the minutes of the meeting held on 13 March 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.

Report of the Director of Legal and Democratic Services (LDS/23/16) seeking approval for adoption of functions and duties from Plymouth, Torbay and South Devon, following approval of the business case for the merger of the coronial jurisdictions of Exeter and Greater Devon and Plymouth, Torbay and South Devon, attached.

RESOLVED

(a) that as the relevant lead authority for the Combined Coroner Area for the County of Devon, Plymouth and Torbay, to the extent necessary, recommend that Council adopt the duties and functions from Torbay and Plymouth under the Criminal Justice Act for the purposes of enabling Devon to deliver the Coroner’s Service for the County of Devon, Plymouth and Torbay; and

(b) take assurance from the progress report presented.

(Councillors Biederman, 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 Legal and Democratic Services (LDS/23/16) which sought approval for adoption of duties and functions from Plymouth and Torbay and South Devon, following approval of the business case for the merge of the coronial jurisdictions of Exeter and Greater Devon and Plymouth, Torbay and South 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 Cabinet noted that the Ministry of Justice (MoJ) had requested the coronial jurisdictions of Exeter and Greater Devon and Plymouth, Torbay and South Devon consider a merger of the coronial service on the retirement of the Senior Coroner for Plymouth Torbay and South Devon. The process required the production of a business case and in October 2023, the Cabinet agreed to submit a business case to go to consultation for the merger of the coronial jurisdictions of Exeter and Greater Devon and Plymouth, Torbay and South Devon. The consultation was launched, the MoJ reviewed the results and on 31 January 2024 the Lord Chancellor determined that the Coroner Service in Devon be served by one jurisdiction, named the County of Devon, Plymouth and Torbay Coroner Service to cover the whole County of Devon, with Devon County Council as the lead authority for the new jurisdiction. The statutory instrument had been laid and published on Friday 8 March with an implementation date of 1 April 2024.

The Report gave an update on the Implementation Plan which included the numbers of cases likely to be dealt with, where they would be held and the numbers of open and live cases to be transferred. The facilities that were available for courts and jury inquests were also explained as well as the appointments to key posts. The current Coroner for Exeter and Greater Devon and Acting Senior Coroner for Plymouth, Torbay and South Devon will be appointed as the Senior Coroner for the new County of Devon, Plymouth and Torbay area.  It was noted that additional administrative resource would be required initially to support the doubling of the caseload especially during the transition period and the ongoing increased telephone traffic as the public become familiar with the centralisation of the administration.

The introduction of the Statutory Medical Examiner Service in April/May 2024 would hope to see the number of referrals to the new area fall, although those cases referred to the Coroners Service were likely to be more complex. Close working would continue with the Medical Examiner Service to share good practice and align processes to ensure smooth implementation.

There was one Plymouth contract which would novate to Devon and there would be a transfer of the data held within the case management system in Plymouth to the Devon system.

The service would continue to look for efficiencies with a restructuring of the work between standard  ...  view the full minutes text for item 512.

Report of the Director of Climate Change, Environment and Transport (CET/24/25) seeking approval for delivery of a spine road and pedestrian / cycle bridge relating to the Plymouth and South Devon Freeport, attached.

An Impact Assessment has been prepared for the attention of Members and is also available on the web at - https://www.devon.gov.uk/impact/transport-infrastructure-plymouth-and-south-devon-freeport.

RESOLVED

(a) that the following schemes for tender, subject to the resolution of legal and land assembly agreements, and planning consents, be approved;

                        I.Spine road phase 1a as shown in Appendix 1

                      II.Spine road phase 1b as shown in Appendix 2

                     III.Pedestrian/cycle bridge as shown in Appendix 3;

(b) that any necessary Traffic Regulation Orders be advertised, and if no objections received, be made and sealed;

(c) that following receipt of planning consents, land acquisition is commenced by negotiation and approval given to use compulsory purchase powers, if required;

(d) that the Director of Climate Change, Environment and Transport be given delegated authority, in consultation with the Cabinet Member for Highway Management and the Cabinet Member for Climate Change, Environment and Transport to award the construction contract for delivery of the Schemes in Appendix 1, 2 and 3 with a combined cost of £18.908 million; and

(e) that the Director of Climate Change, Environment and Transport be given delegated authority, in consultation with the Cabinet Member for Highway Management, the Cabinet Member for Climate Change, Environment and Transport and the relevant Local Members to make minor amendments to the scheme, as required.

(Councillors Biederman, 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/24/25) which sought approval for delivery of spine road and pedestrian/cycle bridge relating to the Plymouth and South Devon Freeport, 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 Plymouth and South Devon (PASD) Freeport was one of eight current Freeports designated by Government. It was an ambitious programme aiming to create over 3500 jobs and play a crucial role in economic recovery and growth. The Council was leading on the delivery of key infrastructure, specifically an extension to the existing highway to deliver a spine road to serve the Langage employment development, a pedestrian/cycle bridge over the A38 at the Deep Lane junction and upgrades to access into the Langage employment area. 

The spine road was proposed to serve the Langage employment development and was to be delivered in two phases, referred to as phases 1a and 1b. Phase 1a of the spine road was shown in Appendix 1 and the Council was committed to delivering the scheme by March 2025.

Phase 1b of the spine road was a further continuation of the phase 1a spine road, with a planning application expected to be submitted in September 2024. 

The vision for PASD was to act as an exemplar to achieve net zero significantly ahead of 2050 and a new pedestrian / cycle bridge supported the decarbonisation of transport by improving active travel options for short to medium distance journeys in the local area. The bridge would connect Sherford and the growing Langage employment development, providing safer access for active travel across the A38 Deep Lane junction.  The bridge was to be located on the eastern side of the A38 Deep Lane junction, adjacent to the existing road bridge. A planning application had been submitted in December 2023, but was withdrawn to consider comments relating to the adequacy of safe crossing facilities for pedestrians and cyclists. Appendix 3 showed the revised design, which included widening on the slip road and signal crossings on both the slip road and B3416.  Once planning permission was granted, a tender would be progressed, with the works expected to start on site in December 2024, subject to the necessary approvals.

The schemes would be subject to formal consultation as part of the planning process, but consultation had taken place with relevant stakeholders as part of the proposals with the landowners and interested parties, and National Highways in relation to the A38 bridge.  As identified above, a consultation had also been undertaken on the preferred location for the bridge.

The proposals were well aligned with a range of the Strategic Plan priorities, and the table at section 7 summarised how the proposals would impact achievement of relevant Strategic Plan actions according to a seven-point scale.  ...  view the full minutes text for item 513.

Report of the Head of Communities (SC/24/1) seeking approval to commission an Integrated Domestic Abuse Service for Devon, from April 2025, attached.

An Impact Assessment has been prepared for the attention of Members and is also available on the web at - Commissioning Services to address Domestic Abuse in Devon - Impact Assessment

RESOLVED

(a) that Option 1 - the commissioning of an Integrated Domestic Abuse Service for Devon from April 2025, including improved access, prevention and early intervention, risk planning and advocacy, support for those in safe accommodation and in recovery, and to work with those that harm - be approved; and

(b) that delegated authority be given to the Director of Public Health, Communities and Prosperity in consultation with the Cabinet Member for Public Health, Communities and Equality, the Chief Executive and the S151 Officer to award the contract.

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

The Cabinet considered the Report of the Head of Communities (SC/24/1) which sought approval to commissioning an Integrated Domestic Abuse Service for Devon, from April 2025, 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.

Interpersonal and gender-based violence and abuse (IG-BVA) was a global public health issue rooted in gender inequality. Whilst the Report was focused on Domestic Abuse, it was noted that the three elements were intrinsically linked.

In 2021 the new Domestic Abuse (DA) Act came into force and with it a new duty for Devon County Council to establish and convene a Local Partnership Board and, through an assessment of need, develop and deliver a Strategy for Domestic Abuse support. The Council had received allocated funding from the Department of Levelling up, Housing and Communities of approximately £1.48 million yearly. The ‘Strategy for delivering Domestic Abuse support in safe accommodation - Domestic and Sexual Violence and Abuse’ defined the Council’s objectives in reference to this and its Strategic Needs assessment, to improve understanding of communities and individuals affected by Domestic Abuse in Devon, was refreshed in November 2023.

The Domestic Abuse Act recognised for the first time in legislation, children and young people (CYP) affected by familial Domestic Abuse as victims in their own right.

The Council had a duty to provide support in safe accommodation and the District Council’s had a duty to cooperate with County Council to meet the statutory requirements. However, Safe Accommodation in Devon was substantially depleted several years ago following reductions in funding.  Further detailed information about the local needs could be found in the 2023 strategic needs assessment published here: Interpersonal & Gender-based Violence & Abuse - Safer Devon.

The Council wished to remodel and recommission the provision of Domestic Abuse support services for the County, with an anticipated commencement date for the new services on the 1^st of April 2025. The proposed new Service would form an integrated model that covered access, prevention and early intervention, risk planning & advocacy, support in safe accommodation and recovery, and to work with those that harm (demonstrated in Appendix A of the Report). The impact of trauma from domestic abuse was debilitating and long-standing and affected people well beyond the event.

It was essential that a different delivery model followed the life journey of victims/survivors and their families and supported children and young people more effectively. It would facilitate community and support network’s engagement and be designed to address harmful behaviours, reduce risk, and prevent reoccurring victimisation and break the intergenerational cycle of abuse.

The options were outlined in full at section 4 of the Report, as outlined below but options 2 and 3 had been assessed and considered not viable in supporting those affected by domestic abuse effectively and meeting the Council’s statutory duties.

1.    Option 1 -  ...  view the full minutes text for item 514.

Report of the Director of Public Health. Communities and Prosperity (PH/24/05) seeking authority to recommission Sexual and Reproductive Health Services, attached.

An Impact Assessment has been prepared for the attention of Members and is also available on the web at - https://www.devon.gov.uk/impact/sexual-and-reproductive-health-recommissioning

RESOLVED

(a) that the joint re-procurement of sexual and reproductive health services by Devon County Council and Torbay Council be approved; and

(b) that the Director of Public Health, Communities & Prosperity be given delegated authority to approve contract award recommendations and enter into the new contractual arrangements, in consultation with the Cabinet Member for Public Health, Communities and Equality, the Chief Executive and the S151 Officer.

(Councillors Biederman, 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. Communities and Prosperity (PH/24/05) which sought authority to recommission Sexual and Reproductive Health 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 Cabinet noted that the Health and Social Care Act 2012 stated that Local Authorities had a statutory responsibility to provide open access sexual health services for everyone in their area, and it formed part of the conditions attached to the Public Health Grant. The requirements covered free testing and treatment for sexually transmitted infections (STI); notification of sexual partners of infected persons; free contraception; and ensuring reasonable access to all methods of contraception.

The Council’s current contracts for the provision of these services expires on 30 June 2025 and in line with the previous procurement exercise, the Council was working with Torbay Council to create a single service specification to ensure consistency in provision of service across Devon. In addition, the Public Health grant had reduced by over 25% in real terms over the past 7 years, against a backdrop of rising infections and increasing demand for some services.  The public health team had benchmarked and spoken to different local authorities to gather evidence on the different service delivery models. The benchmarking indicated that generally, Devon had better sexual and reproductive health outcomes and the costs were generally higher or similar when compared to our statistical comparator local authorities. 

The Report also commented on the recent report by the UK Health Security Agency (UKHSA) (Sexually transmitted infections and screening for chlamydia in England: 2022 report - GOV.UK (www.gov.uk)) which highlighted a post-pandemic increasing trend in sexually transmitted infections in England which emphasised the need for Devon to be well prepared to respond to challenges locally. 

The Cabinet noted the intention to develop a specification, which would be reinforced contractually, that shifted focus (and resource) away from activity in specialist services and into preventative activity and to self-management and providers would be invited to set out how they would deliver this through a combination of a universal digital offer, a range of local services (place-based health provision), specialist sexual health services, and education and training.

The Report outlined the Services provided currently and highlighted that the changes being proposed did not materially change the types of services being delivered but would seek to organise, deliver, and develop them in new ways to keep pace with changing need and expectations.

The Health and Care Act 2022 introduced a new procurement regime for selecting providers of healthcare services called the Provider Selection Regime (PSR), therefore the re-procurement had to be compliant with this and assess potential providers against quality and innovation; value; integration, collaboration and service sustainability; improving access, reducing health inequalities and facilitating choice; and social value.

The timeline was to  ...  view the full minutes text for item 515.

Report of the Director of Children and Young People’s Futures (CS/24/50) seeking approval for increases to fostering allowances, attached.

RESOLVED

(a) that the standard fostering allowance for 16–17-year-olds increases by 7.49% (in line with the DfE National Minimum Rates) and all other standard fostering allowances for children aged 0-15 years be increased by 6.33% from 3rd April 2023;

(b) that a 5.92% increase in the foster carer fee (previously linked to attendance at support groups and training) from 3rd April 2023, be agreed;

(c) that the standard fostering allowance for 16–17-year-olds increases by 6.88% (in line with the DfE National Minimum Rates) and the standard fostering allowances for children aged 0-15 increases by 3% from 1st April 2024;

(d) that a 3% increase to the foster carer fee from 1st April 2024 be agreed; and

(e) note that the impact of these increases in the fostering allowances, backdated to April 2023, will increase the Children’s Services Outturn by £690,000, compared to the Month 10 forecast.

(Councillors Biederman, 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 Children and Young People’s Futures (CS/24/50) which sought approval for increases to fostering allowances, 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 availability of local foster placements was key to the Council’s sufficiency of suitable placements for children looked after and as the corporate parent for all the children looked after, it was essential that in-house foster carers received the right level of support, training and financial recompense to meet the often complex and varied needs of our children in care.

As of March 2024, there were 888 children looked after by the Council; Of those, 570 (64%) are in foster care, 377 (42.3% of the total number) resided within the Council’s own fostering provision and 185 (20.8% of the total) were placed with a foster carer provided by an Independent Fostering Agency (IFA). There had been an 18% rise in the number of Children in Care in Devon in the last three years but no net gain of in-house foster carers. 

An assumed increase of 6.4% for fostering allowances had been built into the 2023/24 budget, but after the budget had been set, the DfE had published the National Minimum Allowances (NMA) for fostering allowances. This was more than what had been budgeted for.

There was also a challenge in recruiting and retaining foster carers, with recruitment declining and the number of children looked after increasing. In addition, neighbouring authorities and Independent Fostering Agencies offered competitive packages of financial support which meant that other Local Authorities in the South West fared better in the recruitment and retention of Foster carers. The table at 3.5 of the report detailed the comparative data.

In considering how best to allocate the budgeted funds available for foster carers, a number of factors had been considered, including the need for any increase to be financially sustainable and meet the NMA. It should also be increased for internal fostering, CPAT, PACE, Staying put, SGO, CAO and adoption to ensure the maximum number of carers benefitted from any uplift. Fees in relation to attendance at support groups and training should be combined and it was not proposed to increase the birthday / festival allowances, hospitality, childminding, transport, and training expenses.

A number of options had been considered with the budgetary impact outlined (paragraph 4.1).

1.    Option 1 was to increase the standard allowance for 16/17 year olds only by 7.49% with no other increases to the standard allowance for other age groups.

2.    Option 2 was increasing the allowance for 16/17-year-olds by 7.49% and all other standard allowances by 6.33%. There would be no increases to any other allowances or fee payments.

3.    Option 3 was to increase the standard fostering allowance by 7.49% for all allowances.

4.    Option  ...  view the full minutes text for item 516.

Report of the Director of Integrated Adult Social Care (IASC/24/08), on the assurance of local authority delivery of its duties as defined by part one of the Care Act (2014) by the Care Quality Commission and its contribution to improving services and outcomes for people in receipt of adult social care including through self-assessment, attached.

RESOLVED

(a) that the requirements placed on Integrated Adult Social Care (ASC) through the Care Quality Commission (CQC) assurance framework be recognised and support the service in its preparedness for the assurance reform.

(b) that Members of the Cabinet are supported in their roles regarding assurance of local authority delivery of its duties as defined by part one of the Care Act (2014) by:

      i.         being offered further Masterclasses on this and related topics;

     ii.         being briefed on key developments via the newsletter of the Cabinet Member for Integrated Adult Social Care and Health;

    iii.         having access to a website containing materials relevant to CQC assurance, a guide to adult social care in Devon, and our self-assessment; and

   iv.         being offered group or individual briefing sessions ahead of any inspection visit by the CQC such as those facilitated by the Local Government Association (LGA) in January 2024.

(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 Integrated Adult Social Care (IASC/24/08), on the assurance of local authority delivery of its duties as defined by part one of the Care Act (2014) by the Care Quality Commission and its contribution to improving services and outcomes for people in receipt of adult social care including through self-assessment. The Report had been circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Report outlined the background to CQC assurance, including the Government White Paper ‘People at the Heart of Care’, which was its 10-year vision for Adult Social Care. This included formal assessment of local authorities’ delivery of their adult social care duties by the CQC. The Report highlighted the duties of local authorities under the Care Act (2014), but whilst some duties were delivered by partners (Devon Carers, Devon Partnership Trust), the Council remained accountable.

The CQC was implementing a new Single Assessment Framework across all of its regulation activity, adapted to the assessment of local authorities and comprised four domains with nine quality statements.

Following royal assent of the Health and Care Act (2022), primary legislation directed the CQC to assure the local authority delivery of its statutory adult social care duties and to assess the effectiveness and impact of Integrated Care Systems from April 2023.

The Council had been preparing for assurance reform since legislation had been published in Spring 2022 and had arrangements in place to respond to a notification at any time including, submitting a Self-Assessment, completing the information return, undertaking case tracking work, facilitating the onsite inspection and responding to the outcome.

The role of Members of the Council in CQC assurance was critical and the table at section 3.9 outlined the role of Members in CQC assurance.

The Council had also commissioned a peer review of adult social care facilitated by the LGA, establishing a website to contain all key materials relevant to the process. This has received positive comments from the Peer Team so in preparing for CQC assurance, the Council had elected to take a similar approach to ensure transparency and visibility.

The Report detailed the Council’s current version of the ‘Guide to Adult Social Care in Devon’ and section 3.17 onwards of the Report focussed on the ‘Self-Assessment of Adult Social Care in Devon’. In the summary, there were six issues highlighted that the Council should be proud of and then seven areas of concern, one of which was financial sustainability. Finally, there were six challenges highlighted that would need to be addressed moving forward.

The matter having been debated and other relevant factors as set out in the Director’s Report having been considered:

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

RESOLVED

(a) that the requirements placed on Integrated Adult  ...  view the full minutes text for item 517.

In accordance with the Scrutiny Procedure Rules, the Chair of the Health and Adult Care Scrutiny Committee (Councillor Randall Johnson) invoked the call-in procedure in relation to the decision of the Cabinet (Minute *491 refers) relating to the North Devon Link Centre.

The grounds for the call-in were that there was insufficient information provided to ensure service users’ future support. Scrutiny had not been given the opportunity to receive evidence and additional information to ensure service users will be provided with a person-based support.

The Health and Adult Care Scrutiny Committee considered this matter at its meetings on 21^st March 2024 and RESOLVED that.

(i) the Committee expresses that it is satisfied with the decision of Cabinet but places on record its concerns and the need for further assurance relating to:

·               the application and transition of the process as set out for people affected by the closure of link services, as soon as possible;

·               the development of community-based solutions to meet the identified needs;

·               how any gaps that have emerged have been addressed (noting that flexible resourcing was pledged);

·               the emerging long-term pattern of community-based mental health support as a result of this process;

·               and that Scrutiny would like to hear the direct experience of people as part of the reporting back; and

(ii) that an update is provided to the Health and Adult Care Scrutiny Committee in 6 months.

Recommendation

That the Cabinet note the recommendation of the Scrutiny Committee and its intention to monitor the position and further notes that the original decision of the Cabinet was implemented with immediate effect following the conclusion of the call-in process.

RESOLVED that the recommendation of the Scrutiny Committee and its intention to monitor the position be noted and it be further noted that the original decision of the Cabinet had been implemented with immediate effect following the conclusion of the call-in process.

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

The Cabinet noted that in accordance with the Scrutiny Procedure Rules, the Chair of the Health and Adult Care Scrutiny Committee (Councillor Randall Johnson) invoked the call-in procedure in relation to the decision of the Cabinet (Minute *491 refers) relating to the North Devon Link Centre.

The grounds for the call-in were that there was insufficient information provided to ensure service users’ future support. Scrutiny had not been given the opportunity to receive evidence and additional information to ensure service users will be provided with a person-based support.

The Health and Adult Care Scrutiny Committee considered this matter at its meeting on 21^st March 2024 (Minute *165) and RESOLVED that.

(i) the Committee expresses that it is satisfied with the decision of Cabinet but places on record its concerns and the need for further assurance relating to:

·               the application and transition of the process as set out for people affected by the closure of link services, as soon as possible;

·               the development of community-based solutions to meet the identified needs;

·               how any gaps that have emerged have been addressed (noting that flexible resourcing was pledged);

·               the emerging long-term pattern of community-based mental health support as a result of this process;

·               and that Scrutiny would like to hear the direct experience of people as part of the reporting back; and

(ii) that an update is provided to the Health and Adult Care Scrutiny Committee in 6 months.

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

RESOLVED that the recommendation of the Scrutiny Committee and its intention to monitor the position be noted and it be further noted that the original decision of the Cabinet had been implemented with immediate effect following the conclusion of the call-in process.

The following Notice of Motion submitted to the County Council by the following Councillor has 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)  Flexibility and Action against holiday firms exploiting families, those working in schools and the holiday industry - Councillor Biederman

(Councillor Hart declared both a personal and pecuniary interest in this matter by virtue of being involved in the holiday trade (and left the meeting for consideration of the item).

RESOLVED that Council be recommended to:

(a) recognise that every child has a right to access education and that it is the parent’s legal responsibility to ensure their children of compulsory school age receive a suitable full-time education;

(b) acknowledge that regular attendance at school allows learners to make the most of their education, thereby improving their life chances into adulthood; and

(c) explores with Devon’s Members of Parliament, the tourism sector, schools and parents ways to develop practical policy proposals for Government to limit the price differential between the cost of holidays in and out of school term-time.

(a) Flexibility and Action against holiday firms exploiting families, those working in schools and the holiday industry - Councillor Biederman

(Councillor Hart declared both a personal and pecuniary interest in this matter by virtue of being involved in the holiday trade (and left the meeting for consideration of the item).

(Councillor Biederman attended in accordance with Standing Order 8 and spoke to this item).

The wording of the motion is outlined below.

We must stop the exploitation by Holiday Firms on families and staff in our schools.

Devon County Council recognise the importance of children being at school for the maximum time possible in order for them to be able to thrive and succeed in life after school.

Central government policy, Ofsted and this Council adopt a strong stance against schools and parents, who wish to take children out of school for a family holiday in term time. A five day unauthorised absence can mean a fine of £240 for a family with two school aged children.

The main reason for parents taking children out of school, with the financial and life pressures facing families in these incredibly tough times, is the cost of holidays in the holiday seasons. Holiday firms are clearly exploiting them.

From research on four holidays for a family of four, two adults and two children aged 5-15 for summer 2024, checking dates of 12th July 2024 and 9th August in the same accommodation, the figures are staggering.

1. Butlins Minehead - £946 July & £2437 August, difference £1491

2. Centre Parcs Longleat- £1748 July & £2348 August, difference £600

3. Ruda Croyde - £649 July & £1039 August, difference £390

4. Cyprus Pathos All Inclusive - £4239 July & £5769 August, difference £1524

Research proves that a family holiday can be very important and have massive positive outcomes for both children and parents.

Research conducted by the Family Holiday Association, the charity that helps struggling families to have a break, found that 49% of British people said their happiest memory is being on holiday with their family. The results from the poll of 2,000 British adults revealed that emotional, psychological and social benefits of family holidays last long after the break itself ends.

On these positive outcomes, McDonald of the Family Holiday Association said ‘We consider these to be a ‘happiness anchor’ – reflecting on our happiest memories of joyful time spent together as a family can be extremely powerful in bringing relief and respite when faced with the darker times that life can bring.

"By using these memories as an anchor to take us back to more cheerful moments, we’re often able to approach problems with a fresh sense of perspective.

"But for many without such memories, reigniting a sense of optimism for getting through the tougher times can seem like an impossible.

It also found children that have had the benefit of a holiday break are often inspired and learn better after a holiday.

It’s not just children that suffer, many vital support staff in our schools  ...  view the full minutes text for item 519.

Report of the Director of Public Health, Communities and Prosperity (PH/24/05) giving an update on the smoking grant award and progress work on tackling illegal vapes/tobacco, attached.

The Director of Public Health, Communities and Prosperity will give a presentation at the meeting.

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

The Cabinet received the Report of the Director of Public Health, Communities and Prosperity (PH/24/05) which updated the Cabinet on the smoking grant award and progress work to tackle illegal vapes and tobacco.

The Director also gave a presentation at the meeting to accompany the briefing paper which focused on action to address smoking and vaping, the case for change in Devon, smoking prevalence, the Tobacco & Vapes Bill 2024, vaping, and work of the Heart of the South West Trading Standards with emerging issues and enforcement

In summary, the Department of Health and Social Care had launched its policy paper, Stopping the Start: our new plan to create a smokefree generation (smokefree generation) which set out the Government’s ambition to create the first smokefree generation by bringing forward legislation so that children turning 15 this year or younger would never be legally sold tobacco products. The Tobacco and Vapes Bill had been introduced to Parliament on the 20^th March 2023. 

The Government had also announced a number of measures and financial investment to support the policy including funding to support LA’s leading stop smoking services, anti-smoking campaigns, ‘Swap to Stop’, action on vapes and additional funding to support enforcement agencies tackle illicit trade. 

The Council had received £949,746 for 2024/25 (out of a share of £70 million) and this was ring-fenced for use on local stop smoking services and support. This would be used to build capacity in local stop smoking services as well as strengthening partnerships in local healthcare systems and ensuring a focus on reducing inequalities. Funding would also be allocated to the Trading Standards Service to enhance enforcement to tackle illicit sales of tobacco and vapes. 

The funding would support the Council’s strategic plan as smoking was not only the biggest cause of inequalities in health, but also had a significant detrimental impact on many other elements, which were detailed in full in the Report at section 4.

The Cabinet received the update, noting the additional funding allocated to the Council to enhance local stop smoking services and to tackle the rise in youth vaping and noted the ongoing work in this area via the presentation given at the meeting, appended to these minutes.

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):

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

(Councillor Davis declared a prejudicial interest in this matter by virtue of her son working for the Devon Audit Partnership and left the meeting during this item).

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

Devon Audit Partnership Committee - 14th March 2024

Devon Education Forum - 20th March 2024

(Councillor Davis declared a prejudicial interest in this matter by virtue of her son working for the Devon Audit Partnership and left the meeting during this item).

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

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

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

Devon Audit Partnership Committee - 14th March 2024

Devon Education Forum - 20th March 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.