Venue: Council Chamber - County Hall
Contact: Karen Strahan, 01392 382264 Email: karen.strahan@devon.gov.uk
Note: To view the live stream of this meeting - please copy and paste this link into your browser - https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjQzMTZjMDctMWJmOC00ZDM5LTgxOWYtYmNiNzcyNjZkYjUx%40thread.v2/0?context=%7b%22Tid%22%3a%228da13783-cb68-443f-bb4b-997f77fd5bfb%22%2c%22Oid%22%3a%22b0735e0e-6faa-4f6a-91bb-917fd50284ca%22%2c%22IsBroadcastMeeting%22%3atrue%7d&btype=a&role=a
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Minutes Minutes of the meeting held on 11 May 2022 (previously circulated). Additional documents: Decision: RESOLVED that the minutes of the meeting held on 11 May 2022 be signed as a correct record. Minutes: RESOLVED that the minutes of the meeting held on 11 May 2022 be signed as a correct record.
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Items Requiring Urgent Attention Items which in the opinion of the Chair should be considered at the meeting as matters of urgency.
Additional documents: Minutes: There was no item raised as a matter of urgency. |
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Announcements Additional documents: Minutes: The Chair welcomed Mrs Mayes who was attending the meeting via Teams in her capacity as a Co-opted Member of the Council's Standards Committee to observe and monitor compliance with the Council’s ethical governance framework. |
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Petitions Additional documents: Minutes: The Leader was presented, by Gill Cameron Webb (on behalf of Bev Raw) with a petition organised by residents of Newton Poppleford containing 767 signatures seeking improvements to road safety in Newton Poppleford, specifically "making the ‘puffin’ crossing safe, introducing two additional pedestrian crossings, reducing the speed limit to 20mph and improving the pavements.
The Chair indicated that the relevant Director would be asked to respond direct to the petitioners on the issues raised, within 15 days.
[NB: The relevant Head of Service would be asked to respond direct to the petitioners on the issues raised, within 15 days, letting him/her know how long it would take to undertake the requested review in line with the Council’s Petition Scheme] |
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Question(s) from Members of the Council PDF 39 KB Additional documents: Minutes: In accordance with the Cabinet Procedure Rules, the relevant Cabinet Members responded to six questions from a Member of the Council on the following matters:
· Data for children and young people living in the Council area; · Children and young people registered with an NHS Dentist; · The number of dntal practices registered for NHS patients; · The number of dental practices in Devon accepting new NHS Patients; · How residents find practices that accept them and children; and · The number of children and young people, in care, registered with a dentist.
A copy of the questions and answers had been circulated and published to the website and there were no supplementary questions arising from the above.
[NB: A copy of the questions and answers are available on webpage for the meeting] |
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Revenue and Capital Outturn 2021/2022 PDF 535 KB Report of the Director of Finance and Public Value, (DF/22/52) presenting the Revenue and Capital Outturn position for 2021/2022. The Report will follow. Additional documents: Decision: RESOLVED
(a) that the draft outturn for 2021/22, after carry forwards and contributions to and from balances, reserves and provisions, showing an overspend of £3.3 million against the approved revenue budget, be noted;
(b) that the 2021/22 revenue outturn, including transactions on earmarked reserves and provisions, spending against budget, treatment of over and under spending and the implications for balances, as set out in the tables and the narrative of the Report, be approved;
(c) that any variances on final business rates outturns from the Districts be taken to/(from) the Business Rates Risk Management Reserve and used to offset the variances in the Collection Funds in future years;
(d) that the 2021/22 capital outturn including spending against budget and proposed carry forwards, in accordance with the tables, be approved;
(e) that the use of capital finance, as set out in the Determination of Capital Finance section 11 of the Report, be approved;
(f) that a total of £13.9 million is set aside from revenue resources as Minimum Revenue Provision (provision for credit liabilities to repay debt);
(g) that the Prudential Indicators, as set out in section 10 of the Rreport, be noted; and
(h) that the total monies owing to the Council, as at 31st March 2022, also be noted Minutes: (Councillors Adams, Bailey, Brazil and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the Report of the Director of Finance and Public Value, (DF/22/52) presenting the Revenue and Capital Outturn position for 2021/2022.
The Cabinet noted that Members had received regular budget monitoring reports throughout 2021/22 in which budget pressures and risks had been identified. The outturn overspend of £3.3 million was an improvement from the £5.8 million forecast outturn which had been reported to Cabinet on the 9th March 2022. Cabinet further noted that the overspends related primarily to the budgets for Adult Care and Health and to Children’s Services, which sections 2.1 and 2.2 of the Report provided further detail.
There had however been other cost pressures of just over £4.5 million in terms of the pay award and lower than forecast income guarantee compensation grant for council tax and business rates, as set out in section 2.6 of the Report.
Almost £4 million of underspend on the Public Health Grant had been transferred to the ring-fenced Public Health Reserve. A transfer of £3.3 million from the Budget Management reserve would be required in order to meet the net overspend in 2021/22.
When the Council approved the 2021/22 budget in February 2021, it agreed to use £9.8 million of earmarked reserves to fund various one-off projects (economic recovery, Edge of Care, transformation and recruitment of social workers amongst others). Actual spending of £4.9 million was lower than forecast and had helped to offset the £3.3 million of earmarked reserves used to finance the overspend. Further detail was provided in the table on Earmarked Reserves in the Report.
The Dedicated Schools Grant Special Educational Needs and Disabilities (SEND) Service continued to be under significant pressure which had resulted in an overspend of £37.5 million this year. There was a brought forward cumulative deficit of just under £49 million at the beginning of the year, therefore the cumulative deficit at 31st March 2022 was now £86.5 million. The deficit was explained in more detail in paragraph 5.2 of the Report.
At the time of writing the Report, the Council had received business rates outturn information from four of the eight districts which indicated the County Council’s share of local business rates income was £4 million lower than was notified at budget for 2021/22. However, compensatory grant income from central government was just under £4 million higher to compensate for the additional reliefs to local businesses.
Outturn would be updated when all eight returns had been received and confirmed.
Detailed explanations of the final financial position for each service area were highlighted in section 2 of the Report.
Section 3 of the Report outlined that the Better Care Fund had underspent this year and just over £9.7 million of the Improved Better Care Fund Grant was being carried forward into 2022/23.
In response to the COVID-19 outbreak Government had continued to put in place a number of grant funding streams to help support ... view the full minutes text for item 172. |
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Proposed closure of Chittlehampton Church of England Primary School PDF 676 KB Report of the Director of Climate Change, Environment & Transport (CET/22/5) outlining proposals for the closure of Chittlehampton Church of England Primary School, attached.
An Impact Assessment is also attached for the attention of Members at the meeting and can also be found at https://www.devon.gov.uk/impact/chittlehampton-primary-closure/
Additional documents: Decision: RESOLVED
(a) that the closure of Chittlehampton C of E Primary School from 31 August 2022 be approved, and;
(b) that the proposed new designated areas for the area currently served by Chittlehampton C of E Primary School to inform school transport eligibility, also be endorsed. Minutes: (Councillors Adams, Bailey, Brazil 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 & Transport (CET/22/5) outlining proposals for the closure of Chittlehampton Church of England Primary School, 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 Governing Body of the Devon Moors Federation had brough forward a statutory proposal to close Chittlehampton C of E Primary School. The Local Authority was the decision-maker, following completion of the statutory process, therefore Cabinet was being asked to consider the responses received during the statutory process, as well as the reasons for bringing the proposal forward, in order to determine whether Chittlehampton C of E Primary School should close from 31 August 2022.
Chittlehampton C of E Primary school was a small, rural primary school for children aged 3 - 11 and was part of The Devon Moors Federation, which consisted of six schools. Chittlehampton Primary historically operated as a two class school due to the number on roll and had a published admission number of 8 with a capacity for 56 pupils. The school had been under-subscribed for a number of years and pupil numbers had consistently fallen. The school currently had 15 pupils on roll with five of those due to leave in July.
Chittlehampton C of E Primary School was recognised by Ofsted as being a ‘Good’ school (April 2018), however the delivery of a broad and balanced curriculum at Chittlehampton C of E Primary School was challenging. Providing social and emotional development would also be very challenging.
The Report outlined the current picture with regard to area health authority data which provided data on the number of 0 - 4 year olds living in the school’s catchment area and any proposals for future housing development. It also said there was sufficient capacity across local schools to accommodate the children from Chittlehampton C of E Primary School and those choices were outlined in the Report as well as relevant distances and policy for school transport.
The impact on staff at the School was highlighted as well as the detailed consultations that had taken place (informal consultation period held between 14 February to 4 April 2022 and consultation information session held at the school on 3 March 2022). The consultation document, a report of the consultation event and response is available at: Consultation on the future of Chittlehampton C of E Primary School - Have Your Say (devon.gov.uk) and the summary of the responses attached at Appendix 3. The consultation responses had been considered and addressed in the published Full Statutory Proposal available via: Proposed closure of Chittlehampton C of E Primary School: formal representation period - Have Your Say (devon.gov.uk). The formal representation period on the closure of the school ran for a four-week period from 25 April to 23 May 2022 in accordance with DfE ... view the full minutes text for item 173. |
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Devon County Council Carbon Footprint and Environmental Policy Review PDF 412 KB Report of the Director of Climate Change, Environment and Transport as the Chair of the Environmental Performance Board (EPB) (CET/22/3), attached.
An Impact Assessment is also attached for the attention of Members at the meeting and can also be found at - https://www.devon.gov.uk/impact/environmental-policy/ Additional documents: Decision: RESOLVED
(a) that the 53% reduction in corporate carbon emissions since 2012/13, be noted and the carbon footprint be approved for publication and submission to Defra;
(b) that the Authority’s revised Environmental Policy also be approved; and
(c) that the Director of Climate Change, Environment and Transport in consultation with the Cabinet Member for Climate Change, Environment and Transport be given delegated authority to make minor changes to the Environmental Policy. Minutes: (Councillors Bailey, Brazil 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/22/3), circulated prior to the meeting in accordance with regulation 7(4) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.
The Report presented the Authority’s annual carbon footprint for the financial year 2020/21 (Appendix 2) and provided an update to the authority’s Environmental Policy (Appendix 1).
The annual carbon footprint monitored the effectiveness of implementing the Authority’s Carbon Reduction Plan, whilst the Environmental Policy summarised how the Council would continue to lead by example to minimise the impact of its own operations and its supply chain on the environment and encourage others to do the same.
The proposals in relation to the Carbon Footprint was outlined in section 3.1 of the Report but included that it be published, submitted to DEFRA and an infographic prepared to communicate its key points. Also included was the effect of home working as a result of the COVID-19 pandemic.
Other aspects of note had been included in the Report including the decline of corporate emissions (53% below the base year) as well as information on property emissions reductions, vehicle fleet, business travel and procurement.
In terms of the Environment Policy Review, the production of a short and focused Policy had been favoured, leaving the detail in the topic-specific strategies and action plans that sat beneath it. However, general additions included a link to the 2021 – 2025 Strategic Plan, commitment to addressing the climate and ecological emergency and incorporation of the net-zero target, the need for innovation and testing new approaches, a mention of the single-use plastic issue and the need for a circular economy, using pesticides only when necessary and a firmed up Countryside, Coast & Heritage section and the Community Leadership section.
An Impact Assessment was also circulated with the agenda for the attention of Members at the meeting and could also be found at - https://www.devon.gov.uk/impact/environmental-policy/. This highlighted that Climate change and environmental decline would affect everybody in the County, and would affect people less able to adapt the most which could include the less affluent, those living with physical and mental health conditions, people living in coastal communities or areas prone to flooding and young people who would live with the effects becoming worse over their lifetimes. Implementing the Environmental Policy would require changes to the way the Authority’s services were provided, which had the potential to impact negatively and positively on service users depending on the specifics of the proposals. Future tactical-level changes to services would need their own impact assessment to consider their effect on equality characteristics.
The Cabinet further noted that the recommendations in the Report contributed to delivering three of the six priorities of the Strategic Plan.
To summarise, the authority’s corporate carbon emissions continued to decline and were on track to achieve the 70% absolute reduction by 2030 and ... view the full minutes text for item 174. |
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Magdalen Road, Exeter, Permanent Road Layout Changes PDF 926 KB Report of the Director of Climate Change, Environment & Transport CET/22/4) outlining proposals for Permanent Road Layout Changes in Magdalen Road, Exeter, attached.
The Exeter Highways and Traffic Orders Committee are due to consider the relevant Traffic Regulation Orders at their meeting on the 6 June 2022 - Agenda for Exeter Highways and Traffic Orders Committee on Monday, 6th June, 2022, 10.30 am - Democracy in Devon.
An Impact Assessment is also attached for the attention of Members at the meeting and can also be found at - https://www.devon.gov.uk/impact/magdalen-road-changes/ Additional documents: Decision: RESOLVED
(a) that the design and construction of permanent road layout changes on Magdalen Road, Exeter (plan no. 70073648-WSP-CON-100-DR-02 P07 in Appendix 1) with an estimated cost of £900,000 be approved, noting that the Exeter Highways and Traffic Orders Committee had approved the relevant Traffic Regulation Orders at its meeting on the 6 June 2022; and
(b) that the Director of Climate Change, Environment and Transport in consultation with the Cabinet Member for Highway Management and relevant local member be given delegated authority, to make minor variations to the scheme as required. Minutes: (Councillors Adams 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 & Transport CET/22/4) which outlined proposals for Permanent Road Layout Changes in Magdalen Road, Exeter, 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.
In June 2020, Magdalen Road, Exeter had temporarily been made one-way westbound, with a contra-flow (eastbound) cycleway and widened footway to support social distancing. Following public consultation and monitoring of the impacts of the temporary scheme, the Exeter Highways and Traffic Orders Committee (HATOC) resolved to progress permanent restrictions on the road.
This also complemented changes elsewhere on the E9 route, on Wonford Road, Dryden Road and Ludwell Lane, to create quieter roads for walking and cycling.
The proposal was outlined in section three of the Report and in plan no. 70073648-WSP-CON-100-DR-02 P07 in Appendix 1. The permanent scheme would be constructed to:
· Restrict vehicular traffic to one-way westbound on Magdalen Road, between the junctions with College Road and Denmark Road, with contra-flow (eastbound) cycling permitted; · Introduce a restricted parking zone to ban all parking and loading outside of the following marked bays: o Existing limited waiting parking bays on the southern side of Magdalen Road, which will be widened as part of the scheme, resulting in the loss of two spaces; o Three new loading-only bays on the northern side of Magdalen Road, incorporated into the widened footway. · Introduce a raised hump uncontrolled crossing point on Denmark Road, at its junction with Magdalen Road; · Alter the existing zebra crossing on Magdalen Road to match the new highway alignment.
It was also proposed to make a number of improvements to the public realm, including the introduction of planters and additional cycle parking.
Following the implementation of the permanent scheme for Magdalen Road, it was proposed to trial an extension of the one-way system to the junction with Fairpark Road.
Section 5 of the Report outlined the outcome of the public consultation, with over 1,500 responses received. It also referenced the role of the Exeter Highways and Traffic Orders Committee in considering the feedback and then the further consultation during February 2022, with feedback invited from local traders, the St Leonards Neighbourhood Association and the resident with vehicular access from Magdalen Road.
The scheme was well-aligned with a range of actions within the Strategic Plan, insofar as it would prioritise walking and cycling over vehicular traffic, and therefore encourage more people to walk and cycle.
An Impact Assessment was also circulated with the agenda for the attention of Members at the meeting and could also be found at - https://www.devon.gov.uk/impact/magdalen-road-changes/. This highlighted the potential for the scheme to particularly advance equality of opportunity for those without access to a car, by virtue of the scheme giving enhanced priority to pedestrians and cyclists.
The potential benefits of the permanent scheme exceeded those of the ... view the full minutes text for item 175. |
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Corporate financial and Integrated Adult Social Care systems replacement PDF 118 KB Report of the Director of Finance and Public Value, (DF/22/56) on the proposed replacement of the Council’s Corporate Financial and Integrated Adult Social Care systems. This Report will follow. Additional documents: Decision: RESOLVED
(a) that revenue funding of £12.3million for: · the procurement and implementation of a new financial system; and · the procurement and implementation of an Integrated Adults Social Care case management and finance system, and a provider assessment and market management solution, be approved;
(b) that the cost of the system replacements be funded from reserves;
(c) that the capital programme be reduced by the amount previously set aside for the Adult Social Care system replacement; and
(d) that a mechanism to rebuild reserves for this investment is considered as part of the budget setting process. Minutes: (Councillors Biederman and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet considered the Report of the Director of Finance and Public Value, (DF/22/56) on the proposed replacement of the Council’s Corporate Financial and Integrated Adult Social Care systems, 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 authority had two legacy IT systems that now needed replacing. The first was FINEST, the corporate accounting and finance system; and Care First, which was the Adult Social Care system. The proposal was for a total of £12.3 million of non-recurrent revenue expenditure with £5.8 million for replacement of Adult Social Care systems and £6.5 million for the replacement of the corporate financial system.
Modern ICT systems were software as a service and cloud-based, meaning they were hosted externally. Current accounting regulations did not permit such solutions to be funded through the capital programme; they had to be charged to Revenue.
In terms of the ledger system “FINEST”, replacement was required by the end of 2025 as underpinning technology would not support it from that date. The system had been in use since 1995 and its functionally was limited. Whilst modules had been added over the years integration between systems remained challenging and as such it remained difficult to see a clear and complete snapshot of a budget at a given time without specialist finance support. There was also a need for manual processes which heightened risks around data quality. Furthermore, it required on premise support which did not align with the rest of the Council’s ICT architecture.
The Integrated Adult Social Care Programme included the replacement of the case management and finance system and the implementation of a Provider Assessment and Market Management System (PAMMS).
The current case management system (CareFirst) had been in place for more than 19 years on a series of rolling contracts and was not intuitive and added to the burden of recording upon already pressurised frontline staff. The current systems constrained both the ability to transform the service; work in new and innovative ways as well as collaboration with partners. A full specification had been developed and the procurement stage was planned to commence in July 2022.
The Report outlined the Council’s ICT strategy which promoted a “cloud-first” approach and the numerous benefits of Cloud-based software.
The Cabinet noted that Procurement of new systems was the only viable proposal for the replacement of both care and financial systems. Upgrading the existing software platforms did not provide a viable alternative and neither did building software. The proposal to replace aligned the Authority’s vision and priorities in the Council’s Strategic Plan 2021- 2025, contributing to the objectives including but not limited to:
· supporting us to “make best use of our data and intelligence”; · supporting us to transform the way we work; · ensuring that suppliers / customers were easily able to see ... view the full minutes text for item 176. |
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Exeter Highways and Traffic Orders Committee (Exeter Residents Parking Priorities - Minute *52) In considering the Report of the Director of Climate Change, Environment and Transport on proposals to prioritise the future roll-out of residents parking schemes in Exeter (Minute *52), the Exeter Highways and Traffic Orders Committee at its meeting on 29 April 2022 had RESOLVED;
(c) that the Cabinet be urged to provide additional resourcing (both financially and Officer time) to progress residential parking schemes as outlined above in a timelier manner given the long delays already experienced and the impact on local residents.
Recommendation
Due to unavailability of additional resources (both financial and officer time), the residents parking schemes in Exeter progress as per the current programme. Additional documents: Decision: RESOLVED that due to the unavailability of additional resources (both financial and officer time), the residents parking schemes in Exeter progress as per the current programme. Minutes: (Councillors Biederman, Adams and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).
The Cabinet noted that at its meeting on 29 April 2022, the Exeter Highways and Traffic Orders Committee, in considering the Report of the Director of Climate Change, Environment and Transport on proposals to prioritise the future roll-out of residents parking schemes in Exeter (Minute *52), had RESOLVED;
(c) that the Cabinet be urged to provide additional resourcing (both financially and Officer time) to progress residential parking schemes as outlined above in a timelier manner given the long delays already experienced and the impact on local residents.
The Cabinet Member commented that whilst the team were developing tools to assist prioritisation of schemes going forward, there were currently no additional resources available, either financial or officer time.
It was MOVED by Councillor Hughes, SECONDED by Councillor Hart and
RESOLVED that due to the unavailability of additional resources (both financial and officer time), the residents parking schemes in Exeter progress as per the current programme. |
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Question(s) from Members of the Public Additional documents: Minutes: There was no question from a Member of the public. |
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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: Additional documents: Decision: RESOLVED that the Minutes of the following be endorsed and any recommendations to Cabinet therein be approved:
Farms Estate Committee – 16 May 2022 Minutes: 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 – 16 May 2022 |
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Delegated Action/Urgent Matters 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. Additional documents: Minutes: 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. |
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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.
Additional documents: Decision: 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. Minutes: 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. |