Agenda, decisions and minutes

Minutes of the meeting held on 12 February 2021 (previously circulated).

RESOLVED that the minutes of the meeting held on 12 February 2021 be signed as a correct record.

RESOLVED that the minutes of the meeting held on 12 February 2021 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 made by the Chair.

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

In accordance with the Cabinet Procedure Rules, the relevant Cabinet Members responded to four questions from a Member of the Council on the following;

·         how the Council would make full use of the budget allocation for domestic violence programmes, and funding a network of respite rooms for homeless women;

·         re-instatement of passenger services on the Okehampton to Exeter line, subject to the final approval of costs and contracts;

·         potential financial and economic impacts on the economy from Plymouth being officially designated as a Freeport; and

·         the New Towns Deal and locations of nearest initiatives and other economic regeneration monies and growth funding available

The Cabinet Members responded orally to supplementary questions 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]

(The Chair exercised his discretion to vary the order of business to take this item before the consideration of Notices of Motion).

In accordance with the Council's Public Participation Rules, the relevant Cabinet Member responded to one question from a member of the public on the Climate and Ecological Emergency (CEE) Bill, support of the Council Motion and any obstacles to supporting.

The Cabinet Member 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)

Report of the County Treasurer (CT/21/02) on the budget monitoring position at month 10, attached.

RESOLVED

(a) that the month 10 budget monitoring forecast position be noted; and

(b) that the Pandemic funding update, outlined in the Report, also be noted.

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

The Cabinet considered the Report of the County Treasurer (CT/21/02) outlining the financial position and forecast for the Authority at month 10, 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.

This Report outlined that an expected underspend of £3.7 millions had been anticipated, a reduction of £5.6 millions from the month 8 forecast. The Dedicated Schools Grant projected deficit, relating to Special Educational Needs and Disabilities (SEND), was forecast to be £30.1 millions. However, in line with Department of Education guidance this deficit would not be dealt with in the current financial year but carried forward to future years.

Revenue expenditure for Adult Care and Health Services was forecast to overspend by £921,000, a reduction of £1.5 millions from month 8.

In Children’s Services, an overspend of £2.2 millions was projected, a reduction of £1.4 millions from month 8 (not including the projected deficit of £30.1 millions on Special Education Needs and Disabilities (SEND)).

In Highways, Infrastructure Development and Waste, there was a forecast underspend of £1.4 millions, which was a change from the reported breakeven position at month 8.

Communities, Public Health, Environment and Prosperity (COPHEP) were forecasting an underspend of just under £3 millions and Corporate Services an underspend of £187,000, a reduction of £324,000 from month 8.

Non- service items, which included capital financing charges, were forecast to underspend by £2.3 millions.

The approved capital programme for the Council was £198.4 millions. The year-end forecast was £162.6 millions, producing forecast slippage of £35.8 millions, mainly attributable to variations and programme delays in Highways, Planning and Transportation which reflected the complexity of the major schemes.

Corporate debt stood at £3.5 millions, being just over 2% of the annual value of invoices, against the annual target of 1.9%.

The Report then outlined that in response to the COVID-19 outbreak, Government had put in place a number of grant funding streams to help support Local Authorities in responding to the pandemic. The Council was in direct receipt of 13 different pandemic related grants with a confirmed value of £91 millions, of which £88.6 millions had been received and £53.7 millions spent.

The Cabinet noted that the level of uncertainty and pressures being faced by the public sector this year were unprecedented and continued to evolve. Whilst the projected underspend was welcomed there remained significant and far reaching risks associated with the impact of the pandemic, which could be financially destabilising as well as the ongoing pressures being experienced within the Dedicated Schools Grant.

The matter having been debated and the other relevant factors set out in the County Treasurer’s Report and/or referred  ...  view the full minutes text for item 641.

At its meeting on 28 January 2021, the Corporate Infrastructure and Regulatory Services Scrutiny Committee had considered the Report of the Head of Planning, Transportation and Environment (PTE/21/3) relating to Active Travel in Devon (Minute 216 refers) and subsequently resolved (a) ‘that Cabinet be asked to develop policy which supports local people to develop and realise cycle and multi-use trails in local areas and to include Scrutiny where appropriate in the development of policy; and (b) that Cabinet to include consideration of 20 mph areas in positive active travel strategies’.

Recommendation

(a) that Officers and the Cabinet Member for Highway Management be asked through the planned refresh of the Cycling and Multi Use Trail Strategy to develop policy to enable local people to be actively involved in the delivery of Multi-Use Trails; and

(b) that Officers and the Cabinet Member for Highway Management review the outcome of the Newton Abbot 20mph trial in terms of its impact on active travel as well as road safety and a range of other environmental factors.

RESOLVED that Officers and the Cabinet Member for Highway Management

(a) through the planned refresh of the Cycling and Multi Use Trail Strategy be asked to develop policy to enable local people to be actively involved in the delivery of Multi-Use Trails; and

(b) review the outcome of the Newton Abbot 20mph trial in terms of its impact on active travel as well as road safety and a range of other environmental factors.

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

The Cabinet noted that at the Corporate Infrastructure and Regulatory Services Scrutiny Committee on 28 January 2021, the Committee had considered the Report of the Head of Planning, Transportation and Environment (PTE/21/3) relating to Active Travel in Devon (Minute *216 referred) and subsequently resolved (a) ‘that Cabinet be asked to develop policy which supports local people to develop and realise cycle and multi-use trails in local areas and to include Scrutiny where appropriate in the development of policy; and (b) that Cabinet to include consideration of 20 mph areas in positive active travel strategies’.

The Cabinet Member for Highways Management commented that the current Cycling and Multi-Use Trail Strategy set out steps to support local walking and cycling aspirations and there were good examples of local communities raising their own funds to commission early feasibility work for their aspirational routes. He made reference to a document produced by the Council ‘Community Paths: a 10 step guide to improving public rights of way in your community’ to assist local groups, individuals and/or landowners considering ideas for improving access in their communities.

The Cycling and Multi Use Trail Strategy would be refreshed in the next twelve months and as part of the update, would incorporate policy to support local aspirations and involve Members of the Corporate Infrastructure and Regulatory Services Scrutiny Committee.

In relation to 20mph, he referred to the trial due to be undertaken in Newton Abbot, which would allow learning about the impacts and also gauge the level of support from the local community and then consider its potential application for active travel initiatives elsewhere in Devon.

It was MOVED by Councillor Hughes, SECONDED by Councillor Hart and RESOLVED that Officers and the Cabinet Member for Highway Management;

(a) through the planned refresh of the Cycling and Multi Use Trail Strategy be asked to develop policy to enable local people to be actively involved in the delivery of Multi-Use Trails; and

(b) review the outcome of the Newton Abbot 20mph trial in terms of its impact on active travel as well as road safety and a range of other environmental factors.

The following Notices of Motion submitted to the County Council by the following Councillors have been referred to the Cabinet in accordance with Standing Order 8(2) for consideration, to refer it to another Committee or make a recommendation back to the Council:

(a) Voting Systems (Councillor Shaw)

(b) Elections – Campaigning (Councillor Shaw)

(c) Climate and Ecological Emergency Bill (Councillor Hodgson)

(d) Beach Breaks, Mental Health and Support of Initiatives (Councillor Biederman)

(e) Sustainable future funding for Local Welfare Assistance (Councillor Atkinson)

(f) Use of Neonicotinoids (Councillor Wright)

(a) Voting Systems (Councillor Shaw)

RESOLVED that Council

(a) notes the various voting mechanisms in place and the lack of consistency across various organisations and throughout the UK;

(b) welcomes the current campaign that has been designed to encourage candidates to stand in the Election and also the investment made to promote the Elections and increase public participation through voting safely in person, by post or by proxy;

(c) welcomes any future legislative changes that increases participation in democratic processes; and

(d) in light of the public being given the opportunity to vote to change the current voting system in 2011 and the referendum being lost, the Council take no further action on the Notice of Motion.

(b) Elections – Campaigning (Councillor Shaw)

RESOLVED

(a) that Council support the work of the Cabinet Office in developing online postal voting and furthermore supports any mechanism which gives choice to the electorate in terms of voting, but also notes that any changes would not be possible for the forthcoming Elections on the 6^th May 2021, given the legislative changes required; and

(b)  that in light of the new guidance issued by the Cabinet Office, which states  that from the 8th March people campaigning in support of the electoral success of candidates or political parties will be allowed to deliver leaflets and canvass electors in relation to the elections, Council be recommended to take no further action on the Notice of Motion.

(c) Climate and Ecological Emergency Bill (Councillor Hodgson)

RESOLVED that Council be recommended to endorse the Notice of Motion and encourage local MPs to support the Bill. In doing so, Council will ask local MPs to work with Government colleagues to provide a national framework of necessary legislative changes and additional resources to facilitate the unprecedented levels of behaviour change, skills development, technology deployment and investment that will be necessary to meet Paris Agreement commitments.

(d) Beach Breaks, Mental Health and Support of Initiatives (Councillor Biederman)

RESOLVED that Council;

(a) ask Public Health Devon explore with the Devon Local Nature Partnership (LNP) and/or other partners to conduct a pilot study examining possible options to increase engagement with green and blue spaces in children, young people, and families on low income;

(b) further ask Public Health Devon work with the Devon LNP and Active Devon to review and if necessary develop resources to promote local opportunities for walks or activities in green/blue space for to a wide variety of users e.g. family friendly, pram friendly, wheelchair accessible etc; and

(c) increase communications using a social marketing approach that are targeted and relatable to improve confidence and allay anxieties about accessing the natural environment and facilitate behaviour change.

(e) Sustainable future funding for Local Welfare Assistance (Councillor Atkinson)

RESOLVED that Council be recommended to;

(a) maintain the Team Devon Financial Hardship scheme to support, as far as the resources permit, residents facing financial crisis for 2021/22;

(b) campaign for a new funding allocation for councils from central government to provide schemes to  ...  view the full decision text for item 643.

(a) Voting Systems (Councillor Shaw)

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

This County Council regrets that under the current first-past-the-post system for electing councillors:

1. A large proportion and usually the majority of the votes cast do not help to elect a councillor, meaning that many voters see their votes wasted over many successive elections.

2. This situation discourages participation in the electoral process since many people see no point in voting.

3. A party is able to gain an overwhelming majority on the Council despite receiving only a minority of the votes across the county, reducing voters’ faith in the fairness of elections.

In this light, this Council welcomes the new legislation agreed by the Welsh Assembly to allow councils to choose to change their voting system to the proportional Single Transferable Vote system, which is already used for local elections in Scotland and Northern Ireland. This Council calls on the Government to introduce similar legislation for England so that we can make a choice of the best system for the people of Devon.

Members considered the Officer’s factual briefing note on the matter (CSO/21/7) which referred to the number of different voting systems in use, for example First-Past-The-Post, Alternative Vote (AV), Supplementary Vote (SV), Single Transferable Vote (STV) and Additional Member System (AMS) and where these systems where used. It also referred to the outcome of the referendum that was held on 5 May 2011 on whether the electoral system for UK general elections should be changed from the first past the post system to the AV system. It also highlighted the key points of the Local Government and Elections (Wales) Act 2021.

The Cabinet considered the recommendation now before them and the actions now proposed and any other relevant factors.

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

RESOLVED that Council be recommended to:

(a) note the various voting mechanisms in place and the lack of consistency across various organisations and throughout the UK;

(b) welcome the current Council campaign that has been designed to encourage candidates to stand in the Election and also the investment made to promote the Elections and increase public participation through voting safely in person, by post or by proxy;

(c) welcome any future legislative changes that increases participation in democratic processes; and

(d) in light of the public being given the opportunity to vote to change the current voting system in 2011 and the referendum being lost, the Council take no further action on the Notice of Motion.

(b) Elections – Campaigning (Councillor Shaw)

Councillors Hannaford and Hodgson also attended remotely in accordance with Standing Order 25(2) and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and  ...  view the full minutes text for item 643.

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:

Minutes of the Devon Education (Schools) Forum:  

Minutes of the South West Waste Partnership

Minutes of the Devon & Cornwall Police & Crime Panel

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

Standing Advisory Council on Religious Education – 11 February 2021

Farms Estate Committee – 22 February 2021.

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:

Standing Advisory Council on Religious Education – 11 February 2021

Farms Estate Committee – 22 February 2021.

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.

Report of the Head of Education and Learning (CS/21/04) on the future arrangements for Education and Inclusion Services,attached.

An Impact Assessment has been prepared for the attention of Members at the meeting and is attached as well as being available on the website at https://www.devon.gov.uk/impact/published/.

RESOLVED

(a) that the outcomes of the consultation and engagement process that has taken place over the past 15 months be noted;

(b) that following expiry or termination of the existing service contracts with Babcock Learning and Development Partnership LLP the Education and Inclusion Services be brought into direct delivery by the Council, through the Education and Learning teams.

(c) that authorisation be given to the County Treasurer, County Solicitor, and Head of Digital Transformation & Business Support (in consultation with the Leader of the Council and the Lead Member) to:

(i) determine the Council’s preferred option for the future of the LLP after the existing service contract for Learner Services has come to an end;

(ii) enter into discussions with Babcock Education Holdings Ltd to agree the future of the LLP; and

(iii) execute all legal and financial agreements necessary to effect any

decisions or agreements reached with regard to the future of the LLP.

(d) that in the event that the LLP is wound up or otherwise ceases to provide the traded services, that authorisation be given to the Chief Officer for Children’s Services (in consultation with the County Treasurer, County Solicitor, Head of Digital Transformation & Business Support, Head of Education & Learning, the Lead Member for Childrens Services and the Leader of the Council) to consider the future of appropriate traded services in accordance with the commitment provided at paragraph 3.17 in the Report, and recognising that the future of the services will be subject to further consultation and scrutiny, as appropriate and Cabinet in due course.

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

The Cabinet considered the Report of the Head of Education and Learning CS/21/04 on the future arrangements for the provision of Education and Inclusion 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.

This Report explained the background and process which had taken place over the past 15 months to ensure the effective delivery of a significant number of the Local Authority’s statutory duties in relation to Education when the current contract with Babcock LDP expired.

The current contract had worked well and was valued, however, moving forward the Council needed to prioritise the integration of SEND services so it could continue to improve its ability to meet the needs of children and their families.

The recommendations therefore supported a fully integrated SEND Service whilst also securing safe delivery of the remaining statutory duties and services which were important to the inclusive education of pupils in schools.

In terms of the future service delivery, there was an ambitious partnership vision for all children. The services covered within the Report had been listed in paragraphs 3.9 and 3.10 and were significant for the delivery of a wide range of statutory duties which the Local Authority held to safeguard all children and ensure that they could access high quality inclusive education. The SEND transformation vision was in line with the priorities of the Children and Young People’s Plan and SEND strategy.

There was evidence that to deliver the full integration required, a number of SEND services would need to be brought into the direct delivery of the Council (Education Psychology, Early Years support & advice, Children Missing Education, Physical & Sensory Support, Social, Emotional & Mental Health, Communication & Interaction and Multi-sensory impairment).

Bringing in these services created a knock-on consequence for the viability of a service contract to deliver the remaining services and included Elective Home Education support and monitoring (EHE), Ethnic Minority, Travel and English as an additional language, Education Welfare Service, Teaching, Curriculum & Learning Advisory Support, Governance, School Improvement and Quality Assurance and Education Safeguarding.

A market assessment highlighted it was unlikely there were providers in a position to deliver the remaining services, should the SEND services be brought into direct delivery.

The future of the LLP was explored further at paragraphs 3.15 to 3.17 and it was noted there were three options;

1.    remain ‘as was’ to deliver the traded services;

2.    the Council sold its interest in the LLP to Babcock or a third party; or

3.    the LLP was wound up.

It was stressed that the Council would need to explore the options with Babcock Education Holdings Ltd with the aim of agreeing a joint way forward.

An options  ...  view the full minutes text for item 647.

Recommendation: that the press and public be excluded from the meeting for the following items of business under Section 100(A)(4) of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial or business affairs of a third party 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 a third party 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 Hart, SECONDED by Councillor McInnes 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 a third party 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 ProcedureRules 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 Head of Education and Learning (CS/21/05) on the commissioning of Education and Inclusion Services,attached.

RESOLVED that the contents of the Report be noted and taken on board for the consideration of the recommendations as set out in Report CS/21/04 (minute *647 refers).

Councillor Hart then MOVED and Councillor McInnes SECONDED that the press and public be readmitted to the meeting.

(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).

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

The Cabinet considered the Report of the Head of Education and Learning which contained information on the staffing and financial implications of the

proposals for the Education and Inclusions Service contract as set out in Report (CS/21/04) at item 14 on the agenda.

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

RESOLVED that the contents of the Report be noted and taken on board for the consideration of the recommendations as set out in Report CS/21/04 (minute *647 refers).

Councillor Hart then MOVED and Councillor McInnes SECONDED

that the press and public be readmitted to the meeting.

The Motion was put to the vote and declared carried.

(Note – See agenda item 14 for resolution of this item).