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 8 January 2025, (previously circulated).

RESOLVED that the minutes of the meeting held on 8 January 2025 be signed as a correct record.

RESOLVED that the minutes of the meeting held on 8 January 2025 be signed as a correct record.

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

RESOLVED that the minutes of the special meeting held on 22 January 2025 be signed as a correct record.

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

The Chair highlighted that the minutes of the special Cabinet held on 22 January 2025 had been circulated to Members, but omitted from the agenda.

He sought agreement from the Cabinet to approve the minutes.

RESOLVED that the minutes of the special meeting held on 22 January 2025 be signed as a correct record.

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 responded to four questions from a Member of the Council on the following matters.

1.    The estimated cost of Local Government Reorganisation in Devon;

2.    Sale of Assets to pay for LGR;

3.    What Unitary solutions were explored; and

4.    Data sharing with other Councils in Devon and relevant contact details.

The Leader responded orally to the supplementary question arising from the above.

[NB: A copy of the questions and answers are available on webpage for meeting and any supplementary questions and answers may be observed through the webcast of this meeting – see Notes below]

There was no question from a Member of the public.

The Report of the Director of Finance and Public Value (DFP/25/18) on the Council’s Budget and Service Budgets for 2025/26 will follow.

Cabinet is also asked to note the role of the Corporate Infrastructure and Regulatory Services Scrutiny Committee on 30^th January 2025 (Minute *209) in reviewing the Report of the Director of Finance and Public Value (DFP/25/05), on the Treasury Management and Investment Strategy for 2025/26.  They commending the Treasury Management and Investment Strategy 2025/26 to the Cabinet, alongside the recognition of the significant work of the Treasury Team and thanked them accordingly. The Committee also requested to keep a watching brief on external borrowing.

The Cabinet will accordingly also consider:

(a) Budget 2025/26 Impact Assessment – previously circulated and the updated version available at Budget Impact Assessments - Impact Assessment - https://www.devon.gov.uk/impact/published/budget-impact-assessments/ and attached.

(b) Outcomes of the Budget Consultation Meetings with representatives of the Devon Business Community, the Voluntary Sector and Trade Unions, attached.

(c) Overview and Scrutiny Budget Recommendations, attached.

RESOLVED that Cabinet:

(a) has regarded the responsibilities placed upon the Authority in the exercise of its Public Sector Equality Duty under s149 of the Equality Act 2010 (as set out in the ‘Budget 2025/26 Impact Assessment’ circulated previously for the purposes of this meeting, and specific impact assessments undertaken as part of the budget’s preparation) in considering the proposals and their impact, before making a decision.

(b) has regarded the views of the Authority's Scrutiny Committees, the Devon Education Forum, the Business Community, the Voluntary Sector, and the Trade Unions and other consultees on the budget (set out elsewhere on the agenda).

(c) notes the Statement from the Director of Finance and Public Value on the Robustness of the Budget Estimates, the Adequacy of Reserves and the Affordability of the Capital Strategy as set out on pages 26 to 29, and the risk analysis and assessment as set out on pages 187 to 210.

(d) notes the Local Government Finance Settlement information included

within the Budget.

(e) approves the Revenue Budgets as set out on pages 53 to 106.

(f) recommends to the Authority the Net Budget of £695.2 million as set out in

Key Table 1 on page 16.

(g) recommend to the Authority a Council Tax rate increase of 4.99%,

including a 2% increase in respect of Adult Social Care, with the total Council

Tax Requirement set at £572,489,458.31 as set out in Key Table 2 on page

17.

(h) recommend to the Authority the precepts required from each District

Council and the levels of county Council Tax for each of the eight property

valuation bands consequent upon the budget, as amended by adjustments in

collection in the current year, as set out in Key Table 2 on page 17.

(i) notes there are no new Fees and Charges proposed for 2025/26, and that

in line with the Authority's Financial Regulations, changes to existing charges

will be agreed by the appropriate Cabinet Member and Chief Finance Officer

via a Delegated Decision.

(j) notes the Medium Term Financial Plan 2025/26 to 2029/30 as set out on

pages 108 to 137.

(k) approves the budgeted County Fund Balance of £16 million and endorses

the forecast County Fund Balance as set out on pages 138 to 144.

(l) approves the transfer of £591,000 from the Business Rates Pilot reserve

and £620,000 from the Regeneration and Recovery reserve, both going to the

Budget Management earmarked reserve and endorses the Use of Reserves

included in the Revenue Budget Key Table 1 on page 16, and the Earmarked

Reserves balances and forecast as set out on pages 138 to 144.

(m) recommends to the Authority the Capital Programme for 2025/26 of

£167.3 million and how it is financed as shown in Summary Table E on page

42, and the additions to the 2024/25 Capital Programme totalling £7.7 million

as shown in Table A1 on page 34.

(n) approves a revision to the financing of £10 million capital investment in

highways maintenance  ...  view the full decision text for item 702.

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

The Cabinet considered and had regard to:

·       a 2025/26 Budget Impact Assessment, which had been circulated to all Members of the Council prior to the meeting and was available at https://www.devon.gov.uk/impact/published/budget-impact-assessments/ undertaken as part of the budget’s preparation;

·       the Report of the Director of Legal and Democratic Services summarising the outcomes of, and comments/observations made at consultation meetings with representatives of Devon’s Business Community, Trades Unions and Representatives of the Voluntary Sector;

·       the discussions of the Council’s Scrutiny Committees held on 27^th January 2025, 28^th January 2025 and 30^th January 2025, the recommendations being summarised and attached to the agenda; and

·       the Report of the Director of Finance and Public Value (DFP/25/18) on the Revenue Budget, Medium Term Financial Strategy 2025/2026 - 2028/2029 and the Capital Programme for 2025/2026 - 2029/2030.

This covered the Revenue Budget and Capital Programme for 2025/26, together with the Medium Term Financial Plan, Capital Strategy and Treasury Management Strategy for the 5 year period 2025/26 to 2029/30. These included an assessment of the robustness of the budget estimates and adequacy of reserves, a range of prudential indicators concerning the financial implications of the capital programme and an assessment that identifies risks associated with the budget strategy, together with how these risks will be managed.

The Cabinet noted that the Leadership commentary highlighted that a sustainable budget that supported financial resilience was central to the ability of the Council to provide services for people and communities across the county. Setting the 2025/26 budget had been a complex exercise demanding difficult decisions and hard choices, recognising that inflationary pressures continued to be felt across the economy, local government and partners.

The budget for 2025/26 would be a balance between the resources available, the Council’s priorities, and the requirement to provide best value services.

Devon had a population with increasing needs for care and support and the focus of the Council would be, as far as possible, the needs of the young, old and most vulnerable. The Council had lost resources in 2025/26 despite the higher cost of providing some services than those delivered by more urban authorities. During the year ahead, the Council would continue to make savings by reducing costs, maximising the value of commissioned services and streamlining staff structures.

The Authority's financial plans had been drawn up with reference to the Authority's major policies and objectives, its performance framework, demographic changes occurring within the county and consultation with local residents, businesses, and other stakeholders.

The proposed Budget 2025/26 incorporated the Service Targets for 2025/26 that were approved by Cabinet at its meeting on 8 January 2025 and also contained details of the final Local Government Finance Settlement, which had been published on 3 February 2025 in advance of debate in Parliament on 5 February 2025.

Importantly, the Report set out a balanced budget position for 2025/26 and noted significant medium term risks which,  ...  view the full minutes text for item 702.

Report of the Deputy Director, Education and Learning (CS/25/08), outlining the School Admission Policies (Education Transport Policy 2026-29

School Admission Arrangements 2026-27, School Admissions Relevant Area 2027-29), attached.

Impact assessments have been undertaken for the proposal, consultation and determination of education transport arrangements and admission arrangements: published at Impact Assessments - Admissions and Transport and attached.

RESOLVED

(a) that the Education Transport Policy 2026-29 be approved;

(b) that the Post-16 Education Transport Policy 2026-29 also be approved;

(c) that the normal round co-ordinated admissions scheme 2026-27 be agreed;

(d) that the in-year co-ordinated admissions scheme 2026-27 also be agreed;

(e) that approval is given to the school admissions policies for individual community and voluntary controlled schools 2026-27 including planned admissions numbers;

(f) that the relevant areas for school admissions consultations for Devon schools 2027-29 be approved; and

(g) that the admission timetable for the year ahead, as at Appendix E, be agreed.

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

The Cabinet considered the Report of the Deputy Director, Education and Learning (CS/25/08), outlining revised School Admission Policies (Education Transport Policy 2026-29 School Admission Arrangements 2026-27, School Admissions Relevant Area 2027-29). 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 Cabinet noted that the Council in its role as Education Authority, had a statutory duty to support access to education for children and young people which included making provision for school and college transport. The Council was the admissions authority for several maintained schools, responsible for their admissions arrangements and also oversaw all applications into state-funded schools (no matter their governance), as well as supporting public consultations regarding school admission arrangements.

The Report and recommendations would ensure the Council would have the necessary admissions policies approved for the 2026-27 academic year, transport policies for the 2026-29 academic years, and approved relevant areas for admissions consultations for the 2027-29 academic years.

In terms of Education transport, there were no proposals to make substantial amendments to the previously determined 2023-26 Education Transport Policy and 2023-26 Post-16 Education Transport Policy, charges or the way in which it operated. The amendments proposed clarified existing policy and they were outlined in Appendix A.

Several own admissions authorities consulted on introducing or making changes to their catchment areas and Devon needed to consider whether these were recognised for transport purposes, amending the 2026-29 Education Transport Policy accordingly. The considerations look at the potential impact on children and families, other schools, and the education transport budget. The amendments were listed at Appendix B with an overview of the approach taken.

The policy documents that were consulted on and the versions with amendments for determination could be found at Proposed and Recommended Transport Policy 2026-2029.

In terms of Admission arrangements, Local Authorities were required by the School Admissions Code to co-ordinate normal round admissions to state-funded schools. Devon had consulted annually on co-ordinated admissions schemes for primary and secondary schools. As an integral part of a fair, legal and transparent admissions service, Devon-wide in-year co-ordination formed a part of the Admissions Service for all mainstream schools.

The 2026-27 Normal Round Co-ordinated Admissions Scheme, the 2026-27 In-Year Co-ordinated Admissions Scheme, and individual school policies brought forward arrangements from the previous academic year with some minor amendments, were detailed at Appendix C.

A list of the recommended Published Admission Numbers (PAN) for community and voluntary controlled schools were detailed in Appendix D. Several schools requested that a lower PAN be put to consultation. These were reviewed and in general supported, unless there were concerns that local children could be refused access to their local school. One school requested a higher PAN and this was included in the consultation and supported.

The policy documents that were consulted on and the  ...  view the full minutes text for item 703.

Report of the Director of Climate Change, Environment and Transport (CET/25/18), seeking approval to appoint contractors to carry out maintenance and improvement works to the public rights of way and trails network, attached.

An Impact Assessment has also been prepared for the attention of Members at the meeting, which is available at Review of Objectives and Policies for the Rights of Way Improvement Plan - Impact Assessment and is also attached.

RESOLVED that the proposal to appoint contractors to carry out maintenance and improvement works to the public rights of way and trails network by entering into a new 4 year Framework Agreement (the ‘Maintenance and Improvement of Public Rights of Way Framework 2025-2029’), be approved.

(Councillors Hodgson 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/25/18), which sought approval to appoint contractors to carry out maintenance and improvement works to the public rights of way and trails network, 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 Framework Agreement would facilitate maintenance, improvement works and technical support for approximately 5000 km of Public Rights of Way (comprising footpaths, bridleways, restricted byways and byways), 230 km of off-road recreational trails (for example, the Tarka Trail), and 590 km of minor road network (mainly unmetalled). The network also included the South West Coast Path and King Charles III National Trails.

The framework would also be available for use at Stover Country Park and Grand Western Canal Country Park, and other land requiring works; and may be used by local partners such as Dartmoor and Exmoor National Park Authorities, and parish and town councils to maintain some or all of the public rights of way within their respective boundaries (as managed through agency agreements or similar with the Council).

This would replace similar arrangements currently being delivered through the Maintenance and Improvement of Public Rights of Way Framework 2021-2025 which ended on 31 March 2025.

The proposal was to appoint multiple appropriately skilled and competent contractors to the framework agreement who could then be called upon to undertake maintenance and improvement works up to an approximate value of £100,000 per scheme and technical support for discrete activities to an estimated value of up to £10,000 per project.  Whilst the framework was intended to deliver the majority of the maintenance and improvement works to the Public Rights of Way network, some of the works may be undertaken by landowners, volunteers and/or DCC staff, therefore contractors appointed to the arrangement did not have exclusivity in undertaking such works.

The framework agreement would operate over a 4-year period commencing 1st April 2025 and expiring on 31st March 2029 (with a break clause at the Authority's discretion to close the arrangement at the end of year 2) covering eight geographical sub areas throughout the administrative area of the Authority (based on District Council Boundaries) and comprised lots as follows:

Lot 1 included Vegetation Clearance and Typical Maintenance and Improvement Activities (Service Group A) and Work Activities involving the use of Chainsaw Equipment including Tree Works (up to 380 mm diameter and ground-based works only) (Service Group B).

Lot 2 was more extensive works such as path surfacing, drainage and bridge installation, involving the use of heavier machinery and equipment (Service Groups C and D)

Lot 3 required technical expertise such as path inspections (planned and reactive), applying for permits and permissions (e.g. planning consent, and environmental permits), and assessing proposals for and drafting of path orders.

Up to 40 tenderers per geographical sub area could be  ...  view the full minutes text for item 704.

Report of the Director of Children and Young Peoples Futures. This Report will follow.

An Impact Assessment had also been prepared, is attached an available at Published Impact Assessments - Impact Assessment

RESOLVED that the following contracts for the benefit of young people living in the Atkinson Secure Childrens Home be awarded:

(a) Combined services of childrens and adolescent mental health services (CAMHS), nursing and speech and language therapy (SaLT) to Livewell Southwest as identified through the Provider Selection Regime (PSR*) Most Suitable Provider (MSP*) Process.

(b) General Practice (GP) service to Mount Pleasant Health Centre through the PSR Direct Award Process C; and

(c) Occupational Therapy (OT) service to Sensory Connections through the PSR Direct Award Process C.

*These are terms used in the commissioning of health services.

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

The Cabinet considered the Report of the Interim Director of Children's & Young People's Futures (CS/25/09), seeking approval to award a number of contracts for young people living in the Atkinson Secure Childrens Home.

The Health & Wellbeing Services provided offered therapeutic and clinical support to the young people who lived there and clinical supervision for staff. These included contracts for Children and Adolescent Mental Health Services (CAMHS), General Practice (GP) Services, nursing Services over and above the Children in Care Nursing duty, Occupational Therapy (OT) Services and Speech and Language Therapy (SaLT).

The services that were subject to the recommendation of the Report would  expire on the 31^st March 2025 as the current extensions had ended and the incumbent provider was withdrawing from delivery of the CAMHS service. Further extensions would be challenging to achieve.

As clinical health services, the contracts were procured under the NHS Provider Selection Regime (PSR) processes^[1]. These came into effect from January 2024. The marketplace for the services was limited and the timescales had been very restricted. Advice had also been taken from NHS England Health & Justice who funded the services through a section 75 agreement. The procurement strategy was to direct award contracts to existing providers where delivery had been robust and where the context was compliant with the direct award processes under PSR (OT and GP services) and award a combined contract for the CAMHS, Nursing and SaLT services to a single provider who reflected the Most Suitable Provider (MSP) for these services.

Following a compliant procurement process under PSR, it had been possible to identify Livewell Southwest as the MSP to deliver CAMHS, Nursing and SaLT services into the Atkinson Secure Childrens Home from the earliest date on or before 1^st April 2025. This contract would run for 4 years to the 31^st March 2029 with the potential to extend the contract annually for a further 3 years (4+1+1+1). 

Under the same procurement regime it had also been possible to identify that the incumbent providers for the GP and OT services were suitable for direct award of individual service contracts under Direct Award Process C to continue delivery from 1^st April 2025 to 31^st March 2029 with the potential to extend the contracts annually for a further 3 years.

The options appraisal was outlined in full in section three of the Report and financial considerations reported fully in section six.

The Cabinet noted that the process used to procure the CAMHS, SaLT, GP, and OT services had been done in accordance with the Health Care Services (Provider Selection Regime) Regulations 2023.

An Impact assessment had been undertaken published at https://www.devon.gov.uk/impact/published and circulated with the agenda. This highlighted that by conducting the procurement of the five services the home would remain open meaning young people could continue to receive the medical help and support needed, Devon’s young  ...  view the full minutes text for item 705.

Report of the Director of Performance and Partnerships, (PP/25/02) giving the winter quarterly update on the Corporate Performance Framework, attached.

RESOLVED

(a) that the updated performance work including the strategic plan indicators, and progress on corporate and directorate improvement plan priorities for 2024-25 be noted; and

(b) that a deep dive be undertaken into the education and learning performance, covering attainment, attendance and inclusion, including relevant benchmarking and that the findings be presented in the next Quarterly Performance Report to Cabinet.

(Councillors Hodgson, 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 Performance and Partnerships, (PP/25/02) which gave the winter quarterly update on the Corporate Performance Framework, 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.

Cabinet noted that on 13 December 2023 (Min 433 referred) Cabinet agreed the development of a new Corporate Performance Framework and the Report described the development and introduction of that Framework, which would help the Council to know whether it was providing value for money to residents and businesses.

The Report was the second quarterly performance report and included an update of the strategic plan indicators aligned to the “Best Place” Strategic Plan 2021 – 2025, as introduced in the annual Corporate Performance Report presented to Cabinet in July 2024. This was summarised in section 3 of the Report and included in full in appendix 1. It further provided an update on progress on the six corporate plan priorities for 2024-25, summarised in section 4 of the Report and an update on progress on the individual directorate improvement plan priorities for 2024-25. This was summarised in section 5 of the Report and appendix 2.

Updates to corporate and directorate improvement plan priorities were in narrative form, but also included, where relevant and available, performance indicators to monitor progress more specifically.

The quarterly reports included commentary against each of the strategic plan, corporate plan and directorate improvement priorities giving insights on areas of improvement and identifying areas of weakness.

The new Performance and Partnerships Directorate, established in June 2024, would  provide the insight and evidence to inform a new strategic plan after the May 2025 County Council election and support the development of a local interactive dashboard later in 2025 to reflect the strategic plan, as well as supporting corporate and directorate priorities, identifying and refining available indicators.

Section 3 covered the strategic plan indicators and the actual performance and benchmark information against these headline indicators was set out in appendix 1.

An additional set of indicators was also in development relating to the “Sustainable and Stronger Council” theme, with a focus on measures relating to workforce and finance. The three workforce indicators were sickness absence levels, employee turnover and Gender Pay Gap.

Section 4 provided an update on the Council’s Corporate Plan priorities for 2024/25, based on evidence from across Service Areas. Progress in each priority area was summarised in the Report under the following headings.

1. Secure better outcomes for our children through working with key partners:
2. Develop an investment plan for our road network:
3. Embed the corporate performance framework and a culture of continuous improvement:
4. Delivering our change and improvement programme including modernising processes through digital solutions:
5. Working together with citizens in 2024/25 – focus on highways and transport: and
6. Building relationships with partners to facilitate improved and targeted community services.

In summary, the  ...  view the full minutes text for item 706.

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 and any recommendations to Cabinet therein be approved:

Devon Education Forum – 22 January 2025

Land and Property Committee – 31 January 2025

Standing Advisory Council on Religious Education – 6 February 2025

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

Devon Education Forum – 22 January 2025

Land and Property Committee – 31 January 2025

Standing Advisory Council on Religious Education – 6 February 2025

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 on the link, 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.