Agenda and minutes

Minutes of the meeting held on 11 December 2019 (previously circulated).

RESOLVED that the minutes of the meeting held on 11 December 2019 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.

In accordance with the Cabinet Procedure Rules, the relevant Cabinet Member responded to one question from a Member of the Council on cultural education schemes (music, film making and museums) and how the Council might benefit from additional Government funding. 

[NB: A copy of the question and answer are appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html]

Report of the County Treasurer (CT/20/07) giving an update on the Local Government Provisional Budget Settlement and any impact on Service Budget Targets.

This Report will follow.

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

The Cabinet considered the Report of the County Treasurer (CT/20/07) on the revised target budget in light of the provisional budget settlement, 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 at its December meeting, it had set Revenue Spending Targets for 2020/21 that had represented an overall increase of £31.9 millions or 6.4%, notwithstanding the Provisional Local Government Finance Settlement had not been announced at that time.

On the 20th December 2019, the Secretary of State for the Ministry for Housing, Communities and Local Government, the Rt. Hon. Robert Jenrick MP, made a written statement to Parliament on the Provisional Local Government Finance Settlement 2020/21. This was as expected and gave an opportunity to increase the Spending Targets that were previously set. The settlement was for one year only.

In relation to Council Tax, the referendum limit was 2% with social care authorities allowed a 2% social care precept. The three elements of the Business Rates Retention system (Baseline Need, NNDR Baseline and Tariff/Top Up amounts) had all increased by 1.63%, in line with the September 2019 CPI inflation figure. The Revenue Support Grant had increased in line with the Business Rates Retention system (+1.63%) and in relation to the Social Care Support Grant and Improved Better Care Fund, the provisional settlement confirmed the previously proposed national amounts and allocation methodologies. The national allocation of £81m and methodology for distribution of the Rural Services Delivery Grant remained unchanged from 2019/20 and there were no new business rates pilots for 2020/21.

The Provisional Settlement for the County Council was outlined as follows.               

The Revenue Spending Targets approved in December totalled just under £530 millions. The increased Revenue Spending Targets for 2020/21 now totalled just over £541 millions which represented an increase of £11.3 millions on the December target figures and an increase of £43.1 millions or 8.7% on 2019/20.

The target for Adult Care & Health had increased by £7.7 millions, for Children’s Services an increase of £2.5 millions. The increased targets also included £60,000 for additional legal support within Corporate Services and £1 million within Highways, Infrastructure and Waste to help with drainage issues on the Highway network.

The budget for Adult Care & Health was £260,258 millions, a net change of £23,714 millions or 10.0%. For Childrens Services, this was £146,845 millions, the net change being £11,538 millions (8.5%). Community Health, Environment & Prosperity was £39,713 millions, with the net change of £925,000 or 2.4%. For Corporate Services £37,160 millions, a net increase of £2,479 millions (7.1%) and in  ...  view the full minutes text for item 446.

Report of the County Treasurer (CT/20/08) on the budget monitoring position at month 8, attached.

(Councillors Connett 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/20/08) on the budget monitoring position at month 8 (to the end of November 2019), 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 total projected overspend at month 8 was £3.4 millions, a £1.9 millions reduction from the £5.3 millions forecast at month 6.

In relation to Adult Care and Health Services, the service was forecast to overspend by £6.8 millions, £137,000 worse than month 6. The position included £749,000 of management actions yet to be delivered but which were still considered achievable.

For Children’s Services, the forecast was an overspending of £6.6 millions.  However, this did not include projected funding shortfall of £21.5 millions on SEND as explained in sections 3.7 to 3.9 of the Report.

In Highways, Infrastructure Development and Waste, the service was forecasting an underspend of £515,000 at month 8, an increase of £113,000 from month 6.

For other Services, Communities, Public Health, Environment and Prosperity (COPHEP) was forecasting an underspend of £482,000 an increase of £478,000 from month 6, and Corporate Services forecasting an overspend of £2.3 millions, a similar position to month 6.

Non- service items were forecast to underspend by £11.4 millions which would be achieved by not making the planned £3 millions transfer to the budget management reserve or the planned £5 millions contribution to the service transformation reserve in the current year.

The approved capital programme for the Council was £150.2 millions and the year-end forecast was £120.5 millions, producing forecast slippage of £29.7 millions. The main areas of slippage could be attributed to variations and programme delays in Planning and Transportation, £23.4 millions net slippage, reflecting the complexity of the major schemes within the service.

In summary, the projected overspend had reduced by £1.9 millions from month 6 which was welcomed, although Adult and Children’s Social Care continued to experience ongoing pressure along with the School’s Transport service.  The funding shortfall within the Dedicated School’s Grant SEND High Needs Block continued to be a significant concern for this year and into the future.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability (including carbon impact), risk management, equality and legal considerations and Public Health impact) set out in the County Treasurers Report and/or referred to above having been considered:

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

RESOLVED that the Month 8 budget monitoring forecast position be noted.

Report of the Associate Director of Commissioning (Care and Health) (ACH/20/118) on the Market Position Statement and the sufficiency assessment to improve sufficiency and to inform budget preparation, attached.

An Impact Assessment is also attached for the attention of Members at this meeting and is available at https://www.devon.gov.uk/impact/mps19/.

The Market Position Statement and Sufficiency Assessment are included as background papers to this agenda. Click on ‘view background to item’ on the agenda display screen.

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

The Cabinet considered the Report of the Associate Director of Commissioning (Care and Health) (ACH/20/118) giving a Market Position Statement, circulated prior to the meeting accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

The Care Act 2014 placed a duty on local authorities to promote a sufficient and effective market for adult care and support for all citizens. The Market Position Statement (MPS) set out the Council’s sufficiency assessment to inform and support providers to make business and investment decisions and it was also a key element of financial planning.

The Cabinet noted that a lack of market sufficiency was the highest risk factor affecting adult social care and added to pressures on the NHS, especially during winter. They further noted that Members of the Health and Adult Care Scrutiny Committee had contributed to the development of the MPS at the Standing Overview Group on 17th July 2019.

The MPS for 2019: “Vibrant Markets for Happy and Healthy Lives” had been jointly prepared with the Devon Clinical Commissioning Group and the Devon Partnership NHS Trust. It outlined the strategic context in terms of what the future development of the health and care system would be underpinned by including collaboration, prevention, integration and partnership, outcomes and personalised services, innovation, the use of technology and workforce. It also reflected on the demographics and need analysis and the range of factors that affected markets, for example, economic context, quality, workforce, changing profiles of need, investment and suitability of buildings and potentially Brexit.

The Sufficiency Assessment Summary showed the major priorities, as set out in the MPS, which included addressing a shortfall of approximately 40 places in the supply of care home placements for people with complex needs and / or behaviours that challenged and the shortfall of circa 2,500 hours per week (6% of total commissioned hours) in the regulated personal care market, circa 50% of which was in Exeter and South Devon. Delivering alternative “care with accommodation” solutions, especially in relation to Extra Care Housing and Supported Living and improving access to replacement (respite) care and addressing shortfalls in the unregulated market to better support people with disabilities, mental health needs and autism.

The actions to address each of these issues were set out in Appendix 1, together with a summary of activity as set out in the MPS.

The MPS was a key tool for delivering plans, both countywide and at a local level. Without a vibrant market the Council could not fulfil its statutory obligations, nor meet the changing needs of the public. The providers were significant partners as well as contractors and the Council needed to continue to improve dialogue with them to adapt the profile of supply and assist with planning. The MPS needed to be considered in cycles of financial planning across the health and care system.

The Report  ...  view the full minutes text for item 448.

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

(a)    LGBT+ Inclusive Relationship and Sex Education (Councillor Hannaford)

(b)   Care Leavers Council Tax Exemption (Councillor Hannaford)

(c)   Artificial Light Pollution (Councillor Shaw)

(d)   Devon and Somerset Fire and Rescue Service - Consultation and Options for Change (Councillor Shaw)

(e)   Prevention Concordat for Better Mental Health and the 'Every Mind Matters' Campaign (Councillor Scott)

A factual briefing note relating to all Motions is attached (CSO/20/1).

(a) LGBT+ Inclusive Relationship and Sex Education

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

This Council notes that LGBT+ inclusive relationships and sex education is crucial to the development of young LGBT+ people, and in creating a more tolerant, caring and open society.

Council notes with concern that the current climate for LGBT+ people in the UK means that that nearly half - including 64 per cent of trans pupils - are bullied for being LGBT+ in Britain's schools.

Council notes that the repeal of Section 28 was a pivotal moment for LGBT+ rights, and that the UK must never move backwards on LGBT+ rights by stopping LGBT+ inclusive education in schools.

Council notes that people of all faiths and none are LGBT+ and it is vital that all children receive comprehensive and inclusive age appropriate relationships and sex education.

Council welcomes the introduction of statutory Relationships Education and Relationships and Sex Education (RSE), which all primary and secondary schools in England respectively will be required to teach from September 2020.

Council affirms unequivocally its support for compulsory LGBT+ inclusive Relationships Education and Relationships and Sex Education in all state funded primary and secondary schools.

Council commits to ensuring that schools are delivering RSE in line with new Government guidance.

Members considered the Officer’s factual briefing note on the matter (CSO/20/1) which referred to the aim of the new RSE curriculum including helping pupils understand the benefits of healthy relationships and equal opportunity to explore the features of stable and healthy same-sex relationships, the support offered by the Devon advisory service and training and support from Stonewall trust, the RSE statutory guidance under S80A of the Education Act 2002 and S403 of the Education Act 1996 and that whilst the Local Authority had a limited influence over academies they would monitor implementation and continue to promote good practice, raising concerns as needed.

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken.

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

RESOLVED that Council be asked to support the principles of the Motion and therefore commits to advocate, promote and challenge schools to deliver RSE in line with new Government guidance.

(b) Care Leavers Council Tax Exemption

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

This Council notes that:

1. Last year 780 young people (aged 16 or over) left the care of Devon County Council and began the difficult transition out of care and into adulthood.

2. A 2016 report by The Children’s Society found that when care leavers move into independent accommodation they begin to manage their own budget fully for the first time. The report showed that care leavers can find this extremely challenging and with no family to support them and insufficient financial education, are falling into debt and financial difficulty.

3. Research from The Centre for Social Justice found that over half (57%) of  ...  view the full minutes text for item 449.

At its meeting on 29^th November 2019, the South Hams Highways and Traffic Orders Committee raised the Littlehempston Cycle and Foot Path under Standing Order 23(2) and the issue of public access across the South Devon Railway (SDR) pedestrian bridge (Minute *84 refers).

The Committee RESOLVED ‘that given the lack of progress over time, Cabinet be recommended to investigate the public use of the pedestrian railway bridge by compulsory purchase if necessary, given its importance and benefit as a public amenity’.   

Recommendation

(a) that no further work is undertaken on investigating whether the footbridge could be used by the public and the development of a multi-use trail to Littlehempston; and

(b) that Compulsory Purchase Order should not be pursued as it cannot be justified, for the reasons outlined below.

·         the scheme need is not a compelling case in the public interest in terms of transport, safety, or economic development;

·         the scheme is not included in the County Council’s Cycling and Multi use Trail Strategy and there is no current funding allocation; and

·         24-hour public access through the footbridge impacting on South Devon Railway Station and the Rare Breeds Farm would have significant security issues. The Council would need to make provisions in order to effectively increase the security in the area, adding an additional cost to the scheme which would not be in the public’s interest.

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

The Cabinet noted that at its meeting on 29^th November 2019, the South Hams Highways and Traffic Orders Committee raised the Littlehempston Cycle and Foot Path under Standing Order 23(2) and the issue of public access across the South Devon Railway (SDR) pedestrian bridge (Minute 84 Refers)

The Committee RESOLVED ‘that given the lack of progress over time, Cabinet be recommended to investigate the public use of the pedestrian railway bridge by compulsory purchase if necessary, given its importance and benefit as a public amenity’.   

The Cabinet noted that a case could not be made using the compulsory purchase powers. There would need to be a compelling case in the public interest that would outweigh the security and safety concerns and this could not be achieved.

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

RESOLVED

(a) that no further work be undertaken on investigating whether the footbridge could be used by the public and the development of a multi-use trail to Littlehempston; and

(b) that Compulsory Purchase Order should not be pursued as it cannot be justified due to

·         the scheme need is not a compelling case in the public interest in terms of transport, safety, or economic development;

·         the scheme is not included in the County Council’s Cycling and Multi use Trail Strategy and there is no current funding allocation; and

·         24-hour public access through the footbridge impacting on South Devon Railway Station and the Rare Breeds Farm would have significant security issues. The Council would need to make provisions in order to effectively increase the security in the area, adding an additional cost to the scheme which would not be in the public’s interest.

Annual Report of the Devon Safeguarding Adults Board charting progress within Devon of national expectations and safeguarding activity.

Ms Sian Walker, Independent Chair of the Devon Safeguarding Adults Board to attend the meeting.

[NB: The Safeguarding Board Annual Report will also be available, in due course, at: https://new.devon.gov.uk/devonsafeguardingadultsboard

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

Ms Sian Walker, Independent Chair of the Devon Safeguarding Adults Board, attended and spoke at the invitation of the Cabinet to present the Board’s Annual Report.

The Cabinet received the Annual Report of the Devon Safeguarding Adults Board charting progress within Devon of national expectations and safeguarding activity. This included the 2018/19 key priorities which had shaped practice of ensuring that people in Devon felt safer, protecting people from harm by proactively identifying people at risk, whilst promoting independence and increasing legal literacy of practitioners in respect of the Mental Capacity Act. For the first time, the Annual Report presented some of those personal stories which had been shared with the Board.

It also reported on the work of the DSAB sub groups such as the Mental Capacity Act (MCA) Subgroup, Safeguarding Adults Review Core Group (SARCG), Learning and Improvement (L&I) Subgroup, Operational Delivery Subgroup (Ops Group) and Community Reference Group (CRG) as well as the learning events which had taken place within partner agencies.

The Report concluded with the key achievements that had been made with partner agencies including the Police, HM Prison Exeter, the Council (Adult Social Care), Northern, Eastern and Western (NEW) Devon and South Devon & Torbay Clinical Commissioning Groups (CCGs), National Probation Service, RD & E Hospital, Devon Partnership Trust (DPT), Public Health Devon, University Hospitals Plymouth NHS Trust, South Western Ambulance Service NHS Foundation Trust, Torbay and South Devon NHS Foundation Trust (TSDFT), Northern Devon Healthcare NHS Trust, Healthwatch Devon, the Dorset, Devon and Cornwall

Community Rehabilitation Company, NHS and Ambulance etc.

The Report also set out the summaries of Safeguarding Adults Reviews (SARs) which had been completed and approved by the Board in 2018/ 2019. For the SARs published, the full details were available on the DSAB website.

Furthermore, the Report outlined the 2019-20 Strategic Priorities which included finding the right solution at the right time for the most at-risk people, increasing public awareness of Safeguarding, improving the experience of children transitioning (moving) to adult services (working together to ensure they remained safe) and increasing staff understanding of the law in relation to Safeguarding Adults.

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

RESOLVED that the Report be welcomed and Cabinet place on record its thanks to the Chair and those involved in the production of the Report as well as the work of the Board.

[NB: The Safeguarding Board Annual Report will be available, alongside other documentation, such as the Safeguarding Adult Reviews (SAR’s) at:

https://new.devon.gov.uk/devonsafeguardingadultsboard

In accordance with the Council's Public Participation Rules, the relevant Cabinet Members responded to seven questions from members of the public on the decline in insects and evidence that 5G would not cause a further decline in the insect population, the planning application for the Marsh Barton station and the prioritisation of local rail services ahead of further road building, the public questionnaire concerning 5G and readiness for the process, ICNRIP guidelines for protection against non-ionizing radiation and the ability to follow the safety exposure guidelines and any potential solutions, the corporate telecoms industry and health, ICNIRP guidelines for exposure limits to EMFs and PHE integrity and a forthcoming  free talk by independent researchers on Wi-Fi taking place at Phoenix Exeter on 3^rd February 2020 at 7.30pm.

The Cabinet Members also responded orally to supplementary questions arising from the above.  

A copy of the questions and answers would be sent to those not present at the meeting.

[NB: A copy of the questions and answers are appended to these minutes and are also available on the Council’s Website at http://www.devon.gov.uk/dcc/committee/mingifs.html and any supplementary questions and answers may be observed through the webcast of this meeting  – see Notes below]

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

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

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

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

Farms Estate Committee – 9 December 2019.

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 and property transactions approved by NPS 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).