Agenda, decisions and minutes

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

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

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

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

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

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

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

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

There was no item raised as a matter of urgency.

There was no announcement by the Chair at this meeting.         

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

There was no question from a Member of the Council.

There was no question from a Member of the public.

Joint Report of the Director of Climate Change, Environment and Transport and the Director of Finance and Public Value (CET/24/73), giving an update on the Transport Capital Programme 2024/25 and the proposed allocation for 2025/2026, attached.

RESOLVED

(a) that the allocated budgets to the Local Transport Plan Integrated Transport Block (LTP ITB) schemes in 2024/25 and 2025/26 as included in Appendix 1, be approved, noting the level of overprogramming planned;

(b) that the increase of the 2024/25 capital programme by £2.888 million, be approved, with £2.295 million from developer contributions, £457,000 from external contributions and £137,000 LTP external grant. The schemes being listed in Appendix 1;

(c) that the increase to the 2025/26 capital programme by £559,000, be approved, funded from developer contributions. The schemes being listed in Appendix 1;

(d) that the amendments to the Integrated Block allocations be delegated to the Director of Climate Change, Environment and Transport in consultation with the Cabinet Member for Climate Change, Environment and Transport and the Cabinet Member for Highway Management;

(e) that the virement of £1.75 million external borrowing in 2025/26, from

Sandy/Holland Road and £601,000 from Spine Road Phase 1B, to the A38 Deep Lane pedestrian & cycle bridge be approved. This is within the Plymouth and South Devon Freeport project;

(f) that the virement of £2.151 million seed external contribution in 2024/25 from Sandy/Holland Road, to Spine Road Phase 1A of £1.3 million and £851,000 to A38 Deep Lane pedestrian and cycle bridge be approved. This is within the Plymouth and South Devon Freeport project; and

(g) that the Sandy/Holland Road seed external contribution in 2024/25 be reduced, by £1.099 million, with £800,000 reallocated to support delivery of an access road for employment units at Langage Business Park, and £299,000 supporting fencing works to enable development at the Plymouth-based South Yard tax site. Both projects are within the Plymouth and South Devon Freeport project.

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

The Cabinet considered the Joint report of the Director of Climate Change, Environment and Transport and the Director of Finance and Public Value (CET/24/73) which gave an update on the Transport Capital Programme 2024/25 and the proposed allocation for 2024/2025 and 2025/2026, circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Transport Capital Programme set out the short-term priority for investment in transport infrastructure, which built on long-term commitments as detailed in adopted strategies such as Local Plans, the Local Transport Plan, the Cycling and Multi-Use Trail Network Strategy, and the Transport Infrastructure Plan.

The Report gave an update on the Local Transport Plan 4, the Integrated Transport Block (ITB) settlement from Government for 2024/25 of £3.628

million, alignment with Government objectives and the current Government grant-funded schemes such as Housing Infrastructure Fund (HIF), Large Local Majors (LLM) Fund, Levelling Up Fund (LUF) and Bus Service Improvement Plan (BSIP) and the funding aligned with these streams.

The proposed Transport Capital Programme was detailed in Appendix 1 and included a range of schemes across the county covering different transport modes. During its development, consideration had been given to the cost, deliverability and availability of external match funding of individual schemes to ensure the programme represented value for money overall. The programme continued to support local strategies, such as Local Plans, the Local Transport Plan, the Cycling and Multi-Use Trail Network Strategy, Local Cycling and Walking Infrastructure Plans and the Bus Service Improvement Plan as well as being cognisant of the national policy priorities of decarbonisation, addressing the climate emergency. It also aligned with the emerging Local Transport Plan vision and objectives, which was currently being consulted upon.

There was  potential for further Government grant funding announcements during the course of the 2024/25 and 2025/26 capital programme, which would be in addition to the schemes included in Appendix 1, such as Homes England, Active travel Fund 5, A382 MRN and the CCA.

Transport was a key mechanism to deliver the Council’s Strategic Plan priorities and actions, with many cross-cutting themes evident in the transport capital programme. The programme sought to prioritise active and sustainable travel investment whilst also supporting economic growth. The table at section 6 summarised how the proposals would impact on the relevant Strategic Plan actions according to a seven-point scale.

The Cabinet noted that detailed individual Impact Assessments would be carried out on schemes where required and would be included with Cabinet and HATOC reports at that time.

The full financial implications of the Report were outlined in section 7, including the Integrated Transport Block grant funding, overprogramming, external funding from specific grants and developer contributions and the Council’s own budget allocations. The proposed changes to the current capital programme were also highlighted.

In summary, the proposals balanced the availability of funding sources with local and national  ...  view the full minutes text for item 621.

Report of the Director of Children and Young People’s Futures (CS/24/27) seeking approval of the Sufficiency Strategy for children in care and care leavers 2024-2029, attached.

An Impact Assessment is also attached for the attention of Members at the meeting and is also available on the website at  Devon Sufficiency Strategy – Homes for Children - Impact Assessment.

The Cabinet are asked to note that the Children’s Scrutiny Committee considered the Strategy at its meeting on 16 September 2024 and had RESOLVED that the Committee ‘supports the overall direction within the Strategy and welcomes further engagement on the strategy’.

RESOLVED that the Sufficiency Strategy for 2024 – 2029 be approved.

(Councillors Adams and Whitton attended in accordance with Standing Order 25(2) and spoke to this item highlighting IT, timeliness and consistency of reports).

The Cabinet considered the Report of the Director of Children and Young People’s Futures (CS/24/27) which sought approval of the Sufficiency Strategy for children in care and care leavers 2024-2029, 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 Children’s Scrutiny Committee considered the Strategy at its meeting on 16 September 2024 and had RESOLVED that the Committee ‘supports the overall direction within the Strategy and welcomes further engagement on the strategy’.

The Sufficiency Duty was contained in section 22G of the Children Act 1989, which required Local Authorities, as far as was reasonably practicable, to ensure there was sufficient accommodation to meet the needs of those children for whom they had Corporate Parenting responsibility within their Local Authority Area.

The proposed strategy was available on the Council's website and could be accessed using this link (Devon's sufficiency strategy for children in care and care leavers 2024 to 2029 - Education and families).

The vision was to have the majority of children in care in family-based placements in line with their permanency plan and for children in care to remain in Devon wherever possible, and to reduce the percentage of out of county placements.

The proposed Strategy had been developed in response to a refreshed Data and Needs Analysis. It identified priorities to address demand and identified improvement areas of focus, consistent with Children Service’s improvement plans. The ‘A Place Called Home’ Programme had been established across the Directorate to ensure transparency and line of sight and to oversee improvements across the Service. It would be used to measure, monitor, and report progress against the priorities identified in the proposed Strategy.

The proposed Sufficiency Strategy set out five key areas of focus, as below:

• Providers: Improving and developing relationships to keep children and young people in the county.
• Building Bridges: Strengthen the early help offer to reduce the number of children and young people coming into care.
• Fostering: Increasing the number and availability of foster placements across Devon.
• Promoting Stability: Improving the permanence planning process to ensure children had the right plan to meet needs, including increasing adoption rates.
• Stepping Forward: Increasing the number of post-16 providers across Devon with a stronger focus on transition to independence.

The Strategy also aligned with the Directorate’s service budget and savings plans. The ‘Place Called Home’ Programme Board would provide financial management and oversight and feed into monthly financial reporting cycles.

The Report also outlined how the Strategy provided assurance, financial sustainability, linked to the People First Strategy, the role of partnerships (district councils, health providers, service providers and the third sector), digital self-service and was evidence informed.

An Impact Assessment had been circulated with the agenda for the attention of Members at the meeting and  ...  view the full minutes text for item 622.

The following Notice of Motion submitted to the County Council by Councillor Leaver 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)  Winning a Better Devolution Deal for Devon (Councillor Leaver)

RESOLVED that it is recommended that the Council;

(a) notes the new Labour Government’s decision to finalise the regulations to establish the Devon and Torbay Combined County Authority which will give effect to the agreed devolution deal;

(b) acknowledge that on 24 April 2024 full Council agreed the final proposal for a Devon and Torbay Council devolution deal to be submitted to the Secretary of State. The proposal has been fully consulted upon. The proposal was reviewed by two separate governments, and the Council is delighted that it is progressing;

(c) note that the deal represents the start of a positive and productive relationship with Government which can lead to wider and deeper opportunities. Complementing Torbay and its coastal position, Devon County Council and Torbay Council would encourage the Devon District Forum to consider nominating an urban and a rural District Council representative to sit on the CCA Board once established. Once the Devon and Torbay CCA is established, the Council welcome the prospects of widening the remit of the CCA, to take on additional devolved funding and powers from national government; and

(d) note that the opportunity for Plymouth to join the Devon and Torbay CCA remains open, should Plymouth wish to pursue this.

(a) Winning a Better Devolution Deal for Devon (Councillor Leaver)  

The wording of the Notice of Motion is below.

The commitment of the new Labour Government to Devolution is welcomed by Devon County Council.

Council now believes it is possible to negotiate a much better devolution deal for Devon than the spartan arrangements approved by the last Government which disregarded and marginalised the value and importance of the City, Borough and District Councils in the County.

Council seeks a genuine partnership with local councils across the county council area and partner councils in establishing a new devolution deal that will help deliver and secure jobs, skills and economic development, along with much needed socially affordable housing, and help develop our education and healthcare sectors among others.

This Council therefore calls for no further action to be taken on the old Devon/Torbay devolution deal and for the Council to open new discussions with the Government on a revised deal for Devon, including Torbay and Plymouth and to also invite other councils neighbouring Devon to participate.

Members considered the Officer’s factual briefing note on the matter (LDS/24/38) which referred to the Devolution journey so far, public consultation with Torbay Council and the decision of the Council in approving the final proposal for the DT CCA for submission to the then Secretary of State. The briefing note also considered the impact of the General Election on the timescales for secondary legislation and the most recent announcement on the 19 September 2024 that the Minister for Local Government and English Devolution (Jim McMahon OBE MP) had confirmed he had reviewed the councils’ submission and was satisfied that the statutory tests to implement the proposal for the DT CCA via secondary legislation had been met.

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

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

RESOLVED that it is recommended that the Council;

(a) notes the new Labour Government’s decision to finalise the regulations to establish the Devon and Torbay Combined County Authority which will give effect to the agreed devolution deal;

(b) acknowledge that on 24 April 2024 full Council agreed the final proposal for a Devon and Torbay Council devolution deal to be submitted to the Secretary of State. The proposal has been fully consulted upon. The proposal was reviewed by two separate governments, and the Council is delighted that it is progressing;

(c) note that the deal represents the start of a positive and productive relationship with Government which can lead to wider and deeper opportunities. Complementing Torbay and its coastal position, Devon County Council and Torbay Council would encourage the Devon District Forum to consider nominating an urban and a rural District Council representative to sit on the CCA Board once established. Once the Devon and Torbay CCA is established, the Council welcome  ...  view the full minutes text for item 623.

Report of the Director of People and Culture (PC/24/2) giving a 12 month progress report on the People First Strategy Action Plan, attached.

The Report is supported by a summary of the progress by theme against the actions with indicative due dates (Appendix 1), a presentation (Appendix 2) and Staff Survey Overview (Appendix 3).

RESOLVED

(a) that the content of the update be endorsed; and

(b) that delegated authority be given to the Director of People & Culture, in consultation with the Cabinet Member for Organisational Development, Workforce & Digital Transformation to make minor amendments to the action plan.

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

Report of the Director of People and Culture (PC/24/2) giving a 12 month progress report on the People First Strategy Action Plan, attached.

The new People Strategy for the Authority had been approved by Cabinet in June 2023 and the associated Action Plan in September 2023, which outlined how the Council would deliver over the next 3 years.

The Strategy focused on 6 key themes of staff experience within the Council of Voice, Recruitment, Reward, Wellbeing, Belonging and Learning.

The Report was supported by a summary of the progress by theme against the actions with indicative due dates before 1 October 2024 (Appendix 1) and a presentation (Appendix 2).

In addition to the work detailed in Appendix 1, the People Strategy also contained specific actions that target improvement of the experience of Care Leavers within Devon.

Within the first year of the People Strategy being in place, 85% of the respondents to the recent People Survey 2024 reported knowing about the People First approach or People Strategy. In addition, the impact across the organisation was outlined in the Report and a summary provided within the presentation in Appendix 2. A thematic review of the survey responses was shown at Appendix 3.

The People Strategy had been in place for a full year and the alignment of corporate and directorate activity to the six themes was helping employees to understand the approach being taken to address workforce related issues. There had been many significant areas of work completed, with some having ongoing requirements that would be encompassed into ‘business as usual’ work for teams across the Council and, in particular, within People & Culture.

There was further work to progress in line with the Action Plan.  However, the results of the People Survey, alongside other measures, suggest that the impact in the first year was showing signs of success as an effective approach to address workforce related issues.

The matter having been debated and the options and alternatives and other relevant factors (e.g. financial, sustainability and carbon impact, risk management, equality and legal considerations and alignment with the Council’s Strategic Plan) set out in the Director’s Report having been considered:

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

RESOLVED

(a) that the content of the update be endorsed; and

(b) that delegated authority be given to the Director of People & Culture, in consultation with the Cabinet Member for Organisational Development, Workforce & Digital Transformation to make minor amendments to the action plan.

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

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

RESOLVED that the Minutes of the following be endorsed, noting there were no matters requiring the approval of the Cabinet:

Farms Estate Committee – 9 September 2024.

RESOLVED that the Minutes of the following be endorsed, noting there were no matters requiring the approval of the Cabinet:

Farms Estate Committee – 9  September 2024.

The Register of Decisions taken by Members under the urgency provisions or delegated powers is available on the website in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.  The decisions taken and associated information can be found here.

The Registers of Decisions taken by Members under the urgency provisions or delegated powers were available for inspection, in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. Decisions taken by Officers under any express authorisation of the Cabinet or other Committee or under any general authorisation within the Council’s Scheme of Delegation set out in Part 3 of the Council’s Constitution.

In accordance with the Council’s Constitution, the Cabinet is requested to review the list of forthcoming business (previously circulated) and to determine which items are to be defined as key and/or framework decisions and included in the Plan from the date of this meeting.

The Forward Plan is available on the Council's website.

In accordance with the Council’s Constitution, the Cabinet reviewed the Forward Plan and determined those items of business to be defined as key and framework decisions and included in the Plan from the date of this meeting onwards reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

In accordance with the Council’s Constitution, the Cabinet reviewed the Forward Plan and determined those items of business to be defined as key and framework decisions and included in the Plan from the date of this meeting onwards reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

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

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

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

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

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

Report of the Director of Integrated Adult Social Care (IASC/24/11) on the Contract Award for Joint Community Equipment Services, attached.

An Impact Assessment has been prepared for the attention of Members at the meeting and is also available on the website at - Published Impact Assessments - Impact Assessment (devon.gov.uk)

RESOLVED that the award of a 7-year contract, as outlined in the recommendation of the Report, for the provision of a joint Health and Social Care Community Equipment Service, following the completion of a competitive tendering exercise, be approved.

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

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

(Councillor 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/24/11) on the Contract Award for Joint Community Equipment 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 outlined that approximately 90,000 people in Devon were currently benefiting from community equipment. Devon’s Community Equipment Service delivered, installed and maintained equipment that people needed in order to live safely in their homes, such as hoists, slings, hospital beds, walking aids, and telecare systems. The Council last approved a contract for these services in 2016.

The tender for the new contract had been launched in April 2024 under the Public Contracts Regulations (PCR  2015) and closed in June 2024. A full options appraisal preceded the recommissioning exercise, to assure consensus on the key decisions and this was outlined in full at section 4 of the Report.

An Impact Assessment had been prepared for the attention of Members at the meeting and was available on the website at - Published Impact Assessments - Impact Assessment (devon.gov.uk). This highlighted that the new contract had been shaped around the health and care system strategic aims of supporting more people with more complex conditions to live as independently as possible in their own homes. This should positively impact on people where income, housing, isolation and access to services and transport were issues.

In summary, Devon’s Joint Community Equipment service would deliver multiple benefits to both staff and the people in need of support from the health and care system. The service promoted independence and improved quality of life, by supporting more people to live at home for longer with more complex conditions.  It helped prevent the need for hospital admissions and supported people to leave hospital as soon as possible so that they could recover at home. 

The service also diverted people from having to move into residential and nursing homes, by making it possible for personal carers and unpaid carers to safely deliver care to people in their own homes.

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 Directors Report and/or referred to above having been considered:

it was MOVED by Councillor McInnes, SECONDED by Councillor Gilbert,  ...  view the full minutes text for item 629.