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Agenda, decisions and minutes

Venue: Hybrid Meeting (Microsoft Teams / Committee Suite)

Contact: Karen Strahan 01392 382264  Email: karen.strahan@devon.gov.uk

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Items
Note No. Item

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48.

Minutes

Minutes of the meeting held on 23 November 2023, previously circulated.

Decision:

RESOLVED that the minutes of the meeting held on 23 November 2023 be signed as a correct record.

Minutes:

RESOLVED that the minutes of the meeting held on 23 November 2023 be signed as a correct record.

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49.

Items requiring urgent attention

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

Minutes:

There was no item raised as a matter of urgency, but the Chair welcomed Ray Hodgins, Co-opted Member of the Councils Standards Committee who was attending to observe and monitor compliance with the Council’s ethical framework.

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50.

Report of the Independent Members Allowances Remuneration Panel for 2024/2025 pdf icon PDF 385 KB

Report of the Independent Members Allowances Remuneration Panel for 2024/2025, attached.

Decision:

RESOLVED

 

(a) that the Report of the Independent Panel be welcomed and its Members be thanked for their work;

 

(b) that the Committee notes the Report’s conclusions and asks the County Council to accept the recommendations outlined below.

 

i.The basic structure of the current scheme is endorsed and retained.

 

ii. The Panel feels it important not to depart from its established formula of calculating the basic allowance and therefore the basic allowance increases to £15,082 to take effect from May 2024 and the multipliers be recalculated accordingly. This is based on the Panel’s standard formula and other benchmarking, as outlined at paragraphs 6.6 and 6.8.

 

iii.Careful consideration should be given, in the future, to the levels of allowances to ensure they keep pace with the economy generally.

 

iv.That based on the benchmarking and the evidence obtained, the Audit Committee Chair SRA be increased to a multiplier of 0.5 from its current rate of 0.25;

 

v.The overnight rate for London be increased to £180.00, in line with the methodology and reasoning outlined in paragraphs 6.12 and 6.13 and that a more suitable benchmark will be researched.

 

vi.The sustained reduction in the number of SRA's be welcomed and that the levels be kept below the 50% threshold, as is currently the case;

 

vii. That the information in Elections literature should be made clearer, especially with regard to the payment of allowances, the public sector discount and the status of access to the LGPS. These are matters that Group Leaders may wish to ensure are brought to the attention of prospective candidates;

 

viii.That the work being undertaken to support the LGA’s debate not hate campaign be supported and welcomed;

 

ix.That the Panel reiterate their desire that Group Leaders continue to take a robust approach to the performance management of their Members’ and places on record their thanks for the levels of reassurance provided by Group Leaders for dealing with performance issues; and

 

x.The Panel place on record their appreciation to Councillors for their continued Leadership and tireless working in their communities, especially given concerns raised throughout the Report, in terms of workload and added pressures of increased abuse and intimidation.

Minutes:

The Committee considered the Report of the Independent Members’ Allowances Remuneration Panel for 2024/25. 

 

The Chair of the Panel presented their Report, highlighting specifically that the conclusions and recommendations made had been based on sound evidence and that they had given consideration to the issues asked of them as well as the national position with the cost of living, the impact on communities as well as the operations and finances of the Council. She further thanked her Panel colleagues, Councillor’s and Officers for their support and contributions during the review.

 

Members welcomed the Panel’s acknowledgment in the Report that while historically there had been little scope for improvement, the structure of the County Council’s scheme remained fit for purpose with sound principles and noted that, in commending its Report to the Council, the Panel had not suggested any significant changes to the structure of the Council’s scheme.

 

The Panel had recommended that the basic allowance rise to £15,082, in line with their previously agreed formula. The Special Responsibility Allowance (SRA) multipliers would be readjusted accordingly. In the previous years, the staff pay award had been used as a benchmark but given this had been a lump sum payment of £1,925 for both 2022/2023 and for 2023/2024, it was felt this was not appropriate. They further recommended, based on the benchmarking and evidence obtained, that the Audit Committee Chair SRA be increased from a multiple of 0.25 to 0.50. No further changes were recommended to the SRA structure.

 

The recommended allowances (with effect from 2024) were set out in Appendix 1 of the Report.

 

The Panel further expressed views that information in Elections literature should be made clearer, especially with regard to the payment of allowances, the public sector discount and the status of access to the LGPS, with these matters being brought to the attention of prospective candidates.

 

The Committee placed on record its thanks to the Panel for their hard work and very comprehensive Report.

 

Members commented as follows:

 

·       the gender, age, and diversity profile of the Council was not truly reflective of local communities and the reasons for this; and

·       the impact of the cost of living on people choosing to stand for election, the difficulties of recruitment to the role as well as the current high workload of elected Members.

 

It was MOVED by Councillor Prowse, SECONDED by Councillor Whitton, and

 

RESOLVED

 

(a) that the Report of the Independent Panel be welcomed and its Members be thanked for their work;

 

(b) that the Committee notes the Report’s conclusions and asks the County Council to accept the recommendations outlined below.

 

            i.The basic structure of the current scheme is endorsed and retained.

 

          ii. The Panel feels it important not to depart from its established formula of calculating the basic allowance and therefore the basic allowance increases to £15,082 to take effect from May 2024 and the multipliers be recalculated accordingly. This is based on the Panel’s standard formula and other benchmarking, as outlined at paragraphs 6.6 and 6.8.  ...  view the full minutes text for item 50.

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51.

Disclosure and Barring Service (DBS) - Bailey Report pdf icon PDF 87 KB

Report of the Director of Legal and Democratic Services (LDS/24/1) on proposals for extending DBS checks to all Cabinet members in line with the recommendation of the Bailey report, attached.

Decision:

(a) that the Report and Recommendations of the independent review carried out by Simon Bailey CBE, QPM which contains a recommendation of enhanced DBS checks for all Councillors in Unitary and Single Tier Authorities who are being considered for appointment to any Committee involved in decisions on the provisions of children’s services or services for vulnerable adults, be noted;

 

(b) that the recommendation of this Report requires legislation and therefore would delay any implementation; and

 

(c) that Council be recommended to update its DBS Policy to reflect this good practice recommendation for enhanced criminal record checks being mandatory for the Cabinet, given their role in making decisions on the provision of children’s services or services for vulnerable adults.

Minutes:

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/1) which outlined proposals for extending DBS checks to all Cabinet members in line with the recommendation of the Bailey report.

 

The Report outlined the background to how the Council first commenced conducting DBS checks, with the Audit Committee on 27 July 2018 (Minute *33), considering the matter. The Procedures Committee then reviewed the  matter on 10th September 2018 (Minute *44) and, RESOLVED that the Council adopt a policy of conducting a Basic DBS check for all Members of the Council, notwithstanding a Councillor might undertake certain roles which, in line with the legislation, required them to undergo an enhanced DBS check in relation to their contact with vulnerable adults or children or both or, as a member of a Committee which discharges a relevant function.

 

The Home Office had commissioned Simon Bailey (former Chief Constable of Norfolk Constabulary, and National Police Chiefs’ Council lead for child protection and abuse investigation) to carry out a review of the effectiveness of the regime in safeguarding children and vulnerable adults. This concluded that the disclosure and barring regime was delivering its mission of helping employers / organisations to make safer employment decisions, but he identified several areas where the regime could be strengthened.

 

He further reported there was no uniformity of practice among Councils in relation to obtaining criminal record checks for safeguarding purposes.

 

The Report (on this issue) concluded it was not necessary that enhanced checks applied to all Councillors, but rather to those who were being considered for appointment to any Committee involved in decisions on the provisions of children’s services or services for vulnerable adults (recommendation 5). In Devon, this would apply to the Councils Cabinet.

 

The Committee noted that the position of Councillor was not named in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Therefore, there was no eligibility for a DBS certificate at a Standard or Enhanced level, solely on the basis of being a Councillor. They must be carrying out further activities as prescribed in legislation. A Councillor was only eligible for an enhanced DBS certificate without DBS barred list checks if they met the specific legislative criteria from the Safeguarding Vulnerable Groups Act 2006 set out below in the Report.

 

Furthermore, the Committee noted that on the 18th January 2024, a letter had been received from Simon Hoare MP, Minister for Local Government, outlining that the Government was supportive of this recommendation in the Bailey Report and urged its adoption within Local Authorities.

 

In summary, the proposed recommendation ensured that the Council’s DBS procedures were brought in line with the recommendations of the Bailey Report, thereby strengthening current processes and the Committee were supportive of the proposals.

 

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

 

RESOLVED

 

(a) that the Report and Recommendations of the independent review carried out by Simon Bailey CBE, QPM which contains a recommendation of enhanced DBS checks for all Councillors in Unitary  ...  view the full minutes text for item 51.

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52.

Delegated Member Decisions - Revised Guidance and Operating Procedures pdf icon PDF 99 KB

Report of the Director of Legal and Democratic Services (LDS/24/5), outlining revised operating processes for Member Delegated Decisions, as reviewed by the Governance Working Group, attached.

 

Decision:

RESOLVED that the proposed changes to amend Part 3c of the Constitution, section 11 as outlined above, with new text shown in red and purple and removed text with a strikethrough, be recommended to the Council.

Minutes:

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/5), which outlined revised operating processes for Member Delegated Decisions.

 

The Governance Working Group (Membership – Councillors Saywell (Chair), Biederman, Letch, Maskell, Samuel, Scott and Whitton) had reviewed and benchmarked the criteria for Member Delegated Decisions, taking into account best practice, benchmarking data and a thorough consideration of the current guidance in the Constitution. The aim of the work had been to establish clear roles and responsibilities for Elected Members and ensure that the Cabinet and individual Members were aware of their powers and the information required to make informed decisions.

 

Prior to the work commencing, it was felt the definition needed to be further defined and a clear framework.

 

The current process for Member Delegated Decisions was outlined in section 3c of the Constitution and the proposed changes to paragraphs 11 of section 3c were outlined below, with new text shown in red and removed text annotated with a strikethrough (wording in purple reflected that agreed at the meeting).

 

11.0                Delegation to Cabinet Members

 

10.0        

11.0        

11.1       UndertheLocal GovernmentAct2000,theCabinetmaydelegateany ofitsfunctions to an individual MemberoftheCabinet and the individual Member shall make decisions only in accordance with the guidance below.

 

11.2       A Cabinet Member may take any decision other than a key decision which is both within his/her their remit (as set out in Paragraph 8.0 above) and within the policy and budget framework in Part 4 of the Constitution. An individual Member exercising their decision-making power shall not make any decision which the Cabinet would not be able to make either under legislation or under the Council’s Constitution. No decision should be made, or which is not within budget, or a decision on a function which is reserved to the Council.

 

11.3       Two or more Cabinet Members may jointly agree to make a decision which is within their collective remits.

 

11.4       If a Cabinet Member has a Disclosable Personal Interest as set out at Standing Order 34 and in the Members’ Code of Conduct at Part 6 of this Constitution in any matter which is the subject of a proposed decision or is absent or otherwise unavailable to act the Leader or the Deputy Leader in the absence of the Leader may exercise all the powers delegated to that Member in paragraph 11.1.

 

11.4.1  If a Cabinet Member has a conflict of interest (within the meaning described in the Cabinet Procedure Rules) in any matter which is the subject of a proposed decision by them then they may seek a dispensation from the Council’s Monitoring Officer to remove that disability or the Leader or  ...  view the full minutes text for item 52.

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53.

Member Questions at Council Meetings - Review of the Governance Working Group and Proposed Changes. pdf icon PDF 85 KB

Report of the Director of Legal and Democratic Services, (LDS/24/7) proposing updates to section 17 of Standing Orders of the Constitution, relating to Member Questions at Council, attached.

Decision:

RESOLVED that the proposed amendments to section 17 of Standing Orders of the Constitution, as in section 5 of the Report and outlined above with additional text in red (and purple for amendments agreed at the meeting) and a strike through for deleted words, be recommended to the Council.

Minutes:

The Committee considered the Report of the Director of Legal and Democratic Services, (LDS/24/7) which proposed updates to section 17 of Standing Orders of the Constitution, relating to Member Questions at Council.

 

The Committee noted that the Governance Working Group (Membership – Councillors Saywell (Chair), Biederman, Letch, Maskell, Samuel, Scott and Whitton) had reviewed the process and benchmarked how other Authorities dealt with Member Questions at Council meetings. This did not include questions submitted by Members to meetings of the Cabinet and this process was unchanged at the current time.

 

The aim was to ensure Council meetings were focussed and business driven – with more time spent on debate for decisions, therefore making the process for Member questions clearer, easier to understand and strike the right balance between getting answers for residents and enabling active participation.

 

The group had taken into account best practice and considered the Constitution and determined that Devon’s current processes were not too far out of kilter when compared to others.

 

Fifteen other local authorities had been examined, which highlighted quite a variance in processes. Eight authorities had restrictions on the numbers of written questions and the majority restricted the number of questions per Member. Eleven Councils had a time limit on the total amount of time allowed which ranged from twenty minutes to one hour.

 

The Governance Working Group considered a large number of proposals which had included not changing the system at all, introducing limits per Member or time limits on supplementary questions, a maximum number of questions per meeting, a rota system for taking questions, tightening the scope for submitted questions, being more robust on sub questions within questions as well as increasing the time for questions and how questions were treated at the budget meeting.

 

Member had rejected suggestions to introduce a limit of total number of questions per meeting and imposing a time limit on supplementary questions.

 

A copy of the current process for Member Questions was outlined in section 2 of the Report.

 

The Working Group proposed that section 17 of Standing Orders of the Constitution (outlined in section 5 of the Report) and shown below, annotated by new text in red and a strikethrough for removed words. Suggestions agreed at the meeting were shown in purple text below.

 

17.Written Questions: Council Meetings

 

1) A Member of the Council may ask the Leader, appropriate Cabinet Member or Chair of any other Committee a question about any matter or subject on which the Council has powers or duties or which affects the County as a whole. They should relate to strategic, policy or operational matters rather than local issues. Questions relating to local issues will be accepted, subject to the Member demonstrating they have exhausted all other options in terms of obtaining a response on a matter of concern. A single Member may not submit more than three questions per meeting.

 

2) If the meeting is a special meeting, questions must relate to the matter to be discussed at that special  ...  view the full minutes text for item 53.

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54.

Cabinet Member Reports at Council Meetings - Review of the Governance Working Group and Proposed Changes. pdf icon PDF 92 KB

Report of the Director of Legal and Democratic Services (LDS/24/6) on the outcome of the Governance Working Group and subsequent proposed changes to the Constitution in relation to Cabinet Member Reports at Council, attached.

Decision:

RESOLVED that

 

(a) the proposed amendments to the Cabinet Procedure Rules at section 4c of the Constitution (paragraph 16), as outlined in section 5 of the Report and above with new text in red (and purple for that agreed at the meeting) and a strikethrough for removed words be recommended to Council;

 

(b) that delegated authority be given to the Director of Legal and Democratic Services, in consultation with the Governance working group, to create a revised template for Cabinet Member Reports; and

 

(c) Standing Order 5 (m) be recommended for amendment to cross reference the new Cabinet Member Report process and template requirement.

Minutes:

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/6), which proposed changes to the Cabinet Member Reports process at Council Meetings, following a review by the Governance Working Group (Membership – Councillors Saywell (Chair), Biederman, Letch, Maskell, Samuel, Scott and Whitton).

 

The aim of the work strand was to ensure Council meetings were focussed and business driven – and to move back to the original intention of Cabinet Member Reports which was to report on any decisions taken by the Cabinet and any other areas of interest or service-related developments.

 

Analysis was conducted over a period of several weeks and a total of 15 other authorities’ processes were analysed. It was established there was a mixed picture with a small number having standing Cabinet Member Report items with written reports covering activities in the relevant service areas. Others had announcements from either the Leader and or Cabinet Members. It was clear other processes were driven by the Cabinet Members updating the Council, rather than Cabinet Members responding to queries from other Members of the Council.

 

The Committee noted that the working group had held a number of discussions and considered several different options for dealing with Cabinet Member Reports.

 

Members favoured a rota system, wanted to ensure that the Budget meeting was not overloaded with items that didn’t require a decision and also wished to ensure Members would be given the opportunity to ask questions on matters in Cabinet Member Reports.

 

Members also felt they did not wish to place any time limit on the total amount of time for such reports but felt time limits for presenting Reports and Member speeches be reduced slightly.

 

It was further recognised the meeting should allow for up-to-date verbal announcements from the Leader and / Cabinet Members on matters of importance and for Members to be able to respond to any verbal announcement made.

 

The Governance Working Group was clear that the purpose of the Cabinet Member Reports, which would be published with the agenda, should contain both positive and negative issues and be an open and honest account of the situation in service areas and in that vein, a new template for Cabinet Member Reports was recommended.

 

It was proposed that the Cabinet Procedure Rules at section 4c of the Constitution (paragraph 16), be amended as follows, with amendments shown in red and a strikethrough of removed words. Amendments agreed at the meeting were reflected in purple text below.

 

16.0 ANNOUNCEMENTS AND REPORTS FROM THE LEADER AND CABINET MEMBERS AT COUNCIL MEETINGS

 

16.1 A regular item shall be placed on the agenda of all meetings of the County Council (Standing Order 5(1)(m) refers) to receive any important updates or announcements from the Leader and/or Cabinet Members that cannot reasonably wait. Members may ask a brief question directly related to any verbal announcement made. A Member is also able to ask a brief succinct question on any urgent item of business agreed in advance, in line with  ...  view the full minutes text for item 54.

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55.

Health Scrutiny - New Arrangements pdf icon PDF 92 KB

Report of the Director of Legal and Democratic Services (LDS/24/9) outlining changes to Health Scrutiny and reconfiguration arrangements, a review of the Constitution and proposed changes, attached.

Decision:

RESOLVED that sections Part 2: Article 7, Part 3b, and Part 4d, of the Constitution, as set out above be recommended for approval to the Council.

Minutes:

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/9) which outlined the changes to Health Scrutiny and reconfiguration arrangements, with the necessary amendments to the Constitution proposed to be compliant with the new regulations.

 

The Report highlighted that as a result of the Health and Care Act 2022, the Department for Health and Social Care had introduced new regulations in respect of Health Scrutiny’s role in the reconfiguration of local health services, which took effect from 31st January 2024. The changes meant that from the 31st January 2024, the Health and Adult Care Scrutiny Committee would no longer be able to formally refer matters that related to reconfigurations to the Secretary of State. Instead the Secretary of State would have broad powers to intervene through the power of call in.

 

The Council’s constitution currently reflected the Health and Adult Scrutiny power of referral and needed amendment to reflect the legislative changes.  

 

Work was still required on the guidance, and as appropriate, training, as the new rules were operationalised.

 

It was proposed the following changes were made with amendments shown in red:

a.    Part 2, Article 7 (7.1) (page 16),

                                               i.     To make reports and recommendations as appropriateto the County Council and may request to the Secretary of State that a proposal be called in, and to the Secretary of State for Health, in accordance with the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provision) Regulations 2013 2024.

 

b.    Part 3b, 9.4(4) (page 45).

                                               i.     To make reports and recommendations as appropriateto the County Council and may request to the Secretary of State that a proposal be called in, and to the Secretary of State for Health, in accordance with the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provision) Regulations 2013 2024.

 

c.     Part 4d Scrutiny Procedures Rules, (10.4) (page 133)

                                              i.     Scrutiny Committee undertaking the Council’s functions in relation to the scrutiny of the health service and, in particular, where being formally consulted by the NHS or Health Providers will ensure that all relevant partners in the locality affected, including local authority partners, will have the opportunity to contribute and that those views will be taken into account in making its recommendations to the NHS and/or Health Provider, or requesting that the Secretary of State call in a decision.

 

d.    Part 4d Scrutiny Procedures Rules, (Terms of Reference of Scrutiny Committees, Health & Adult Social Care Scrutiny Committee (page 142))

                                               i.     To make reports and recommendations as appropriateto the County Council and may request to the Secretary of State that a proposal be called in, and to the Secretary of State for Health, in accordance with the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provision) Regulations 2013 2024.

 

e.    Part 4d ‘A Protocol for relationships and communications between the health & wellbeing scrutiny committee and Healthwatch Devon’, (pages 147-152), be amended so  ...  view the full minutes text for item 55.

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56.

Scrutiny Strategy and Action Plan pdf icon PDF 132 KB

Report of the Head of Scrutiny outlining the Scrutiny Strategy and Action Plan, as endorsed by the Governance Working Group and Chairs and Vice Chairs of Scrutiny, attached.

 

The Committee are asked to note the Report.

Minutes:

The Committee considered the Report of the Head of Scrutiny which outlined the Scrutiny Strategy and Action Plan, as had endorsed by the Governance Working Group and Chairs and Vice Chairs of Scrutiny.

 

The document aimed to continue the development and refinement of Scrutiny practice. The Council already had a well-developed approach and a culture that embedded many of the pillars that were documented in the 2019 Scrutiny Statutory Guidance.

 

This document had been developed through the iterative review of Scrutiny undertaken by the Governance Review in the closing months of 2023.

 

There were five strands to the strategy, backed with actions and success measures detailed against each:

 

1.       Scrutiny contributing to the good governance of the Council

2.       Planning work for maximum impact

3.       Public awareness and participation in Scrutiny

4.       Effective practice for Successful Scrutiny

5.       Quality Evidence Gathering sessions for Policy Development

 

The objective was to strengthen the accountability, transparency, and efficiency of the Council’s operations whilst fostering public trust and engagement, with an emphasis on public participation, an understanding of the importance of effective governance and critical friend challenge through good Scrutiny.

 

As part of the evaluation process, it was envisaged that the Strategy and Action Plan be regularly reviewed and evaluated by the Chairs and Vice Chairs Group and that on an annual basis full Council should review progress, alongside the Annual Report.

 

It was MOVED by Councillor Leaver, SECONDED by Councillor Hart that the

Report be noted.


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