Agenda and minutes

Minutes of the meeting held on 13 December 2017 (previously circulated).

RESOLVED that the minutes of the meeting held on 13 December 2017 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 County Treasurer (CT/18/07) on the impact of the Provisional Local Government Settlement for forthcoming year on the preparation of the 2018/19 budget and re-affirmation of service expenditure targets, attached.

(Councillors Biederman, Brazil, Dewhirst and Hannaford attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the County Treasurer (CT/18/07) on the impact of the Provisional Local Government Settlement for the forthcoming year, on the preparation of the 2018/19 budget and re-affirmation of service expenditure targets.

On 19th December 2017, the Secretary of State for the Department for Communities and Local Government, Rt. Hon. Sajid Javid MP, had made a statement to Parliament on the Provisional Local Government Finance Settlement for 2018/19. The main items of note were:

·         that the Core Spending Power figures for the four year period of 2016/17 to 2019/20 were at the expected level of £115.2 millions for 2018/19;

·         that the proposal to reduce the Rural Services Delivery Grant in 2018/19 from £65 millions to £50 millions was not going ahead and the Grant would remain at the current level;

·         that in relation to the proposed changes to the New Homes Bonus Scheme, Government had decided not to go ahead and would keep the scheme unchanged from the current year (except for a reduction in the number of years benefit from 5 years currently to 4 years); and

·         that there was a change in the annual Business Rates inflationary increase from Retail Price Index (RPI) to Consumer Price Index (CPI), effective from 2018/19, meaning a reduction to Business Rates received by Local Authorities as part of Core Funding. 

The report further outlined the specific Grants, notified at the time of writing the report, with the omission of the Public Health Grant which had still to be received.

Cabinet further noted that the provisional settlement had set the Council Tax increase that would  trigger a referendum, excluding the Social Care Precept, at 3% for 2018/19; an increase of 1%.

The Report further outlined details on the 2018/19 100% Business Rate Retention Pilot. As the 13^th December 2017 Cabinet report outlined, the Department for Communities and Local Government invited Local Authorities to submit applications to become 100% Business Rates Retention Pilots in 2018/19 to help design future local government finance reforms.

The Devon application was one of the ten successful bids.  Whilst this would help inform future local government finance reforms, the pilot bid submitted estimated that for 2018/19 there could be a benefit of just under £17 millions to geographic Devon of which nearly £10 millions could come to the County Council.  This was only an estimate and the final sums would not be known until the end of the Pilot year. 

Cabinet finally noted that the revenue spending targets for 2018/19, agreed at the Cabinet meeting of 13th December 2017 could remain unchanged due to the provisional settlement being no worse than anticipated.

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 County Treasurer’s Report and/or referred to above having been considered:

It  ...  view the full minutes text for item 107.

Report of the County Treasurer (CT/18/01) on the Month 8 position in respect of the 2017/2018 budget, attached.

(Councillors Biederman, Brazil, Dewhirst, Hannaford and Way attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the County Treasurer (CT/18/1) on the financial position at Month 8 and outlining areas of specific pressures on budgets, potential under and over-spendings in the current financial year and management action being taken where individual budget lines were experiencing pressures.

The Cabinet noted that, overall, the forecast for revenue spending at year-end now showed an underspend of £2.6 millions, a slight increase on the month 6 position.

The Cabinet noted that Adult Care and Health services was forecast to underspend £4.769 millions, which was an increase of £599,000 from the underspend reported at month 6, mainly due to an improvement in the locality operational position, additional staff vacancy savings and savings on contracts. The position took into account £522,000 of management action yet to be achieved.

Children’s Services were showing a forecast overspend of £3.335 millions, which was an increase on the month 6 position of £640,000, with children’s social care forecast to over spend by £2.4 millions and the placements budget forecast to overspend by £2.6 millions.   The key factors causing the cost pressures and the risks presented to the financial position had not changed from those previously reported at month 6.

Highways, Infrastructure Development and Waste were showing a small underspend of £212,000, however the risks to the position, such as extreme weather and waste disposal tonnages would be monitored throughout the year. Expected savings from the new arrangements with Skanska had been built into the budget and were being achieved and there was additional income received in respect of the Plymouth and Exeter energy from waste plants.

Corporate Services were forecast to break-even at the year end and Communities, Public Health, Environment and Prosperity (COPHEP) Services were showing a forecast overspend of £110,000 a slight improvement on month 6 of - £23,000, mainly due to staff savings.

The approved capital programme for the Council was £161.803 millions, with the year-end forecast of £139.268 millions, producing slippage of £22.534 millions. Significant areas of slippage had been identified in respect of Marsh Barton station, Tiverton Eastern Urban Extension, South Devon Highway, A361 Gornhay to M5 and Connecting Devon & Somerset.

In summary, Cabinet noted that the ongoing pressures in Children’s Services were concerning; not only in relation to the current year but the ongoing impact over the medium term. 

Whilst the forecast overall underspend of £2.6 millions was welcome; it had to be treated with caution as the remainder of the winter was still unknown and as an example the Council had incurred spending of approximately £250,000 on gritting operations over the last few weeks.

The matter having been debated and the options and/or alternatives and other relevant factors set out in the County Treasurer’s Report and/or referred to above having been considered:

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

RESOLVED that the financial position and forecast for the Authority at  ...  view the full minutes text for item 108.

Report of the Head of Planning, Transportation and Environment (PTE/18/1) on Capital Flood Improvement Schemes at Ivybridge and Uplyme, attached.

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

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/18/1) on Capital Flood Improvement Schemes at Ivybridge and Uplyme.

The Report outlined that the town of Ivybridge and the village of Uplyme had both suffered repeat flooding in recent years, affecting properties and also the highway infrastructure and highlighted the history of flooding in the two communities and the ongoing high risk of future flood events during periods of heavy rainfall. The Report further outlined the proposed scheme options that had been developed to significantly reduce these ongoing risks and recommended the Council supported the delivery of the proposed essential flood improvements through its capital programme. 

Location plans were attached to the Report.

The scheme proposals were outlined in the Report, including for Ivybridge an upsizing of the existing culverted watercourse system as well as additional natural flood management measures being promoted outside of the contract.

For Uplyme, a number of measures were being proposed at different locations to improve conveyance through the village.

There had been a close working relationship between the Council, District Councils (South Hams and East Devon), Parish Councisl and relevant landowners.  In addition, the respective planning departments had been consulted and confirmed that the schemes could be implemented as permitted development.

Business cases for both Ivybridge and Uplyme Flood Improvement Schemes were being prepared and would be submitted to the Environment Agency to bid for Defra Flood Defence Grant in Aid.  Additional budget allocations had been requested from the Local Levy and, for the latter scheme, from East Devon District Council.  A breakdown of the cost estimates and proposed funding sources was also outlined in the Report.

The flood improvements had been developed in accordance with the Equality and Environmental Assessments previously produced in support of the Devon Local Flood Risk Management Strategy.  All elements of the scheme had been assessed at the appropriate stage using the corporate, integrated assessment tool, with relevant equality and environmental impacts identified and acted on as necessary. The outlined works were designed to improve the protection of the community thereby, supporting health and wellbeing, not to mention that flood water had the potential for transporting contaminants, so, reducing any flood risk had clear health benefits.

An environmental appraisal of the proposals indicated that, with appropriate mitigation, there would be limited impact upon landscape, historic and ecological interests and also the scheme would look to maximise any ecological opportunities.

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 Head of Service’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that the Ivybridge Flood Improvement scheme at an estimated cost of £300,000 and the Uplyme Flood Improvement Scheme at an estimated cost of  ...  view the full minutes text for item 109.

Report of the County Solicitor (CSO/18/3) on the Notices of Motion referred to the Cabinet by the County Council on 7 December 2017, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised.

(Councillors Biederman, Brazil, Dewhirst, Hannaford and Hosking attended in accordance with Standing Order 25(2) and spoke to this item).

‘This Council is disappointed that the Government voted to omit an important clause in EU law relating to animal sentience, as part of the Withdrawal Bill.

This Council is encouraged by the Government's subsequent clarification on its position relating to sentience and its commitment to enshrining higher animal welfare standards into UK law.

However, this Council backs calls from the British Veterinary Association to commit to an appropriate timeframe to reinstate the vital obligation in EU law in Article 13, on the STATE being responsible for animal welfare, in addition to UK law, which states that only the KEEPER of the animal is responsible’.

The Mover of the Notice of Motion (wording of Motion outlined above) had sought the Cabinet’s support for the course of action originally proposed, including clarification on firm timescales from Government. Members considered the relevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members willingness to endorse the underlying principles therein and their support for the recommendation now before the Cabinet, representations previously made and to actions now proposed or 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 Barker, SECONDED by Councillor Hart, and

RESOLVED

(a) that the Council be recommended to write to the Secretary of State (Michael Gove) stating that it is encouraged by the Government's subsequent clarification on its position relating to sentience and its commitment to enshrining higher animal welfare standards into UK law;

(b) that the Council notes the subsequent publication of the draft Animal Welfare (Sentencing and Recognition of Sentience) Bill; and

(b) that, as a predominantly rural area where farming and agriculture are of critical importance to the local economy, the Council strongly backs the calls from the British Veterinary Association and others to commit to an appropriate timeframe giving certainty to the reinstatement of the protocol in Article 13; not only recognising animal sentience but also enshrining a duty of responsibility on the state for animal welfare.

Report of the County Solicitor (CSO/18/3) on the Notices of Motion referred to the Cabinet by the County Council on 7 December 2017, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised.

(Councillor Hodgson attended in accordance with Standing Order 8 and Councillors Biederman, Brazil, Hannaford and Way in accordance with Standing Order 25(2) and spoke to this item).

In line with its recently affirmed commitment to mitigating climate change, this Council will divest its pension funds away from fossil fuel companies and seek opportunities to invest in companies that support renewable energy. This is moving forward in line with other Local Authorities such as Southwark taking this important step’.

The Mover of the Notice of Motion (wording of Motion outlined above) having spoken seeking the Cabinet’s support for the course of action proposed, the relevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members support for the recommendation now before the Cabinet, representations previously made and to actions now proposed or already undertaken and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

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

RESOLVED that in accordance with legislation (Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and Section 101 of the Local Government Act 1972) and the Council’s Constitution the Notice of Motion should be referred to the Investment and Pension Fund Committee.

Report of the County Solicitor (CSO/18/3) on the Notices of Motion referred to the Cabinet by the County Council on 7 December 2017, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised.

(Councillor Biederman attended in accordance with Standing Order 8 and Councillors Brazil and Hannaford in accordance with Standing Order 25(2) and spoke to this item).

Devon County Council was very disappointed to see there was no help, to this council in the autumn statement with regard to Children’s Services & Social Care. Children’s Services budgets are overspent here and in 75% councils across the country, with a £2 billion shortfall in council budgets. If we are to deliver safe and effective services for vulnerable children we need to be adequately funded. The situation is very similar with Social Care.

We write a cross party letter, to Devon MP’s and the Minister signed by all group leaders expressing our concerns and urging Devon MP’s and the Government to address this growing problem for our most vulnerable young and elderly residents.

The Mover of the Notice of Motion (wording of Motion outlined above) having spoken seeking the Cabinet’s support for the course of action proposed, the relevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members willingness to endorse the underlying principles therein and their support for the recommendation now before the Cabinet, representations previously made and to actions now proposed or already undertaken and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

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

RESOLVED that, in recognising the considerable financial pressure placed on Local Government and also various lobbying activities undertaken by the Council in recent years, and the events planned for the new year, it is also important to maintain the impetus, therefore, in support of the Notice of Motion, Council is recommended to write a cross party letter, signed by Group Leaders, to go to Devon MPs and the Minister to highlight this growing problem for vulnerable young and elderly residents.

Report of the Head of Economy and Skills on the Notice of Motion referred to the Cabinet by the County Council on 7 December 2017 on Post Brexit Arrangements (Membership of the European Single market and Customs Union), incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised, attached.

(Councillor Shaw attended in accordance with Standing Order 8 and Councillors Atkinson, Biederman, Brazil, Dewhirst, Hosking and Way in accordance with Standing Order 25(2) and spoke to this item).

This County Council respects the majority vote in the Country to support leaving the European Union, but believes that the UK must secure post-Brexit arrangements which best support the economic and social wellbeing of Devon and the country as a whole. The Council therefore urges the Government to negotiate continued membership of the European Single Market and Customs Union, both of which bring considerable benefits to Devon.

The Mover of the Notice of Motion (wording of Motion outlined above) having spoken seeking the Cabinet’s support for the course of action proposed, the relevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members support for the recommendation now before the Cabinet and to actions now proposed or already undertaken and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

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

RESOLVED

(a) that the Council be recommended to note the opportunities and impacts from BREXIT on the Devon economy; and

(b) that the Council be assured that Cabinet will continue to assess the impacts and other implications for the Devon economy as details become more understood on the future arrangements agreed between Government and the EU Commission for trade and the labour market.

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:

Farms Estate Committee – 11 December 2017

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

Minutes of the Devon Education (Schools) Forum:  

Minutes of the South West Waste Partnership

Minutes of the Devon & Cornwall Police & Crime Panel

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

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

Farms Estate Committee – 11 December 2017.

The Registers of Decisions taken by Members under the urgency provisions or delegated powers will be available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.  A summary of such decisions taken since the last meeting is attached.

The Registers of Decisions taken by Members under the urgency provisions or delegated powers were available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012; a summary of decisions taken since the last meeting had been published with the Agenda for this meeting. Decisions taken by Officers under any express authorisation of the Cabinet or other Committee or under any general authorisation within the Council’s Scheme  of Delegation  set out in  Part 3 of the Council’s Constitution may be viewed at  https://new.devon.gov.uk/democracy/officer-decisions/

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

[NB: The Forward Plan is available on the Council's website at:http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0&bcr=1 ]

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 (at http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0)

Report of the Chief Officer for Children’s Services (CS/18/01), on the Peninsula Fostering in Independent Fostering Agency Placements, Outcome of Tender and Award of Contract, attached.

An Impact Assessment will be published separately, prior to the meeting.

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

(Councillor Parsons declared a Disclosable Pecuniary Interest in this matter by virtue of being a Foster Parent and their partner being in receipt of fostering payments and withdrew from the meeting during its consideration).

The Cabinet considered the Report of the Chief Officer for Children’s Services (CS/18/01), on the Peninsula Fostering in Independent Fostering Agency Placements, Outcome of Tender and Award of Contract.

The contract, which was a Framework Agreement, was for the provision of fostering placements for children in care, staying put placements for young adults and for parent and child placements with family based care being the preferred model of care for most children in care. The aim was to increase the range and quality of foster placements, particularly for those with more complex needs or challenging behaviours.

The Report outlined the South West Peninsula Procurement collaboration and that the Framework Agreements would each be for four years commencing on 1^st April 2018, with the Framework Agreements being divided into 3 geographical areas (Somerset, Devon (including Torbay and Plymouth) and Cornwall). There were also two separate Framework Agreements, for Parent and Child Fostering and one for Standard and Enhanced Fostering.

Lot 1 related to Standard Fostering, Lot 2 for Enhanced Fostering and Lot 3 for Parent and Child Fostering. It was felt that the new Independent Fostering contract would increase placement availability, easing sufficiency issues within the market.

The total estimated cost for a 4-year contract period for the whole Peninsula was;

Lot 1 Standard Fostering: £95,960,000

Lot 2 Enhanced Fostering: £10,800,000

Lot 3 Parent and Child Fostering: £5,954,792

Cabinet noted that the value of the contract could vary due to an increase or decrease in the purchase in care volumes.

The contract would replace the current Peninsula Framework contract for fostering (all Peninsula Authorities) and the ‘Cost and Volume for Fostering’ contract (Plymouth, Devon and Torbay). For the tender, bidders were able to bid for any one or all of the Lots outlined in the Report.

The Chief Officer’s report outlined that a Sustainability Impact Assessment was conducted pre-procurement, which was extensive and included consideration of the local economic, environmental and social needs of the local area. The likelihood and impact scores for the tender were low, but were all considered; with possible methods of risk and impact reduction inserted into the specification. Where areas of added social value benefits had been identified these had been incorporated into the specification.

Each Local Authority had been required to complete an individual Equalities Impact Assessment. A detailed impact assessment had been undertaken at the pre-procurement stage of the project which had been circulated previously for the attention of Members at this meeting in order that as part of its determination of the next steps in the process the Cabinet might have full regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty, under s149 of the  ...  view the full minutes text for item 118.

Report of Chief Officer Adult Care and Health and the Chief Officer Children’s Services (ACH/18/76) on the Joint Carers Service tender process and provision of Carer Support Services for Adult Carers (Lot 1) Young Carers (Lot 2), attached.

An Impact Assessment is also attached.

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

(Councillor Parsons declared a Disclosable Pecuniary Interest in this matter by virtue of being a foster parent and their partner in receipt of the fostering payment and withdrew from the meeting during its consideration).

The Cabinet considered the Report of Chief Officer Adult Care and Health and the Chief Officer Children’s Services (ACH/18/76) on the Joint Carers Service tender process and provision of Carer Support Services for Adult Carers (Lot 1) and Young Carers (Lot 2).

Carer Services in Devon were provided under joint commissioning arrangements between the Council, Northern, Eastern and Western (NEW) Devon Clinical Commissioning Group (CCG) and South Devon and Torbay, with the Council as the lead agency.

The Adult Carers (Lot 1) supported the objectives and outcomes of the Joint Strategy for Adult Carers and the specification was outlined in the Report. It would also work to the same practice standards as DCC care management staff, including promoting independence and building carer resilience.

The Young Carers Service (Lot 2) had been designed to be delivered as part of Devon’s Early Help Offer, adopting a multi-agency partnership approach whereby targeted service intervention would be provided for young carers. The design of the targeted service offer (Getting Advice, Getting Help, and Getting More Help) had been influenced by what young carers had said during the engagement activities.

The total estimated value of Adult Carers (Lot 1) was £10.9 million over 5 years, and for Young Carers (Lot 2) £1.125 million over 5 years. The contract would be for a 5 year term with an option to extend for up to two further single year periods.

It would also consolidate changes arising from the Care Act 2014 and Children and Families Act 2014 as well as taking account of extensive engagement and feedback from carers.

The Report outlined in full the engagement and consultation process (including 21 full and half-day engagement events with Carers over a period of 4 months) as well as online surveys and a "drop-in" engagement event during Carers' Week.

The Chief Officer’s Report also incorporated an Impact Assessment relating to the possible impacts of the proposal, which had been circulated previously for the attention of Members at this meeting in order that as part of its determination of the next steps in the process the Cabinet might have full regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty, under s149 of the Equality Act 2010. This was undertaken at the pre-procurement stage of the project and the outcomes reflected the construction of the tender and contract documentation The Equalities Impact Assessment was available at;

https://new.devon.gov.uk/impact/published/page/3/  

The assessment recognised the potential for a positive impact of the new contract and that no unmanageable impacts had been identified.

It was then MOVED by Councillor Hart, SECONDED by Councillor Clatworthy and

RESOLVED that the press and public be now excluded from the meeting during subsequent discussion  ...  view the full minutes text for item 119.