Agenda, decisions and minutes

Members of the Council will declare any interests they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.

The other registrable interests of Councillors of Devon County Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes:  A list of county councillors who are also district, borough, city, parish or town councillors.

The Chair reminded Members they should declare any interests they may have in any item to be considered, prior to any discussion taking place on that item.

The Chair welcomed Mrs R Saltmarsh to the meeting who was attending 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.

Minutes of the meeting held on 30 September 2024 (previously circulated).

RESOLVED that the Minutes of the meeting held on 30 September 2024 be signed as a correct record

RESOLVED that the Minutes of the meeting held on 30 September 2024 be signed as a correct record

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

There was no item raised as a matter of urgency.

Report of the Director of Finance and Public Value (DPV/24/115) attached.

The Committee noted the Report of the Director of Finance and Public Value (DFP/24/88), which set out the Counter Fraud work being undertaken on behalf of and by the Council for the financial year 2024/25 to date, and supported the Council’s ongoing commitment as outlined in its Anti-Fraud Bribery and Corruption Policy/Strategy and Response Plan.

The Report informed the Committee of ongoing activity in the fight against fraud, to protect the public purse and retain public confidence that the Council recognised the harm that fraud could cause in the community, and that it was protecting itself and its residents from fraud.

Key highlights from the report included:

-       Council Directorates had now supplied their data for the National Fraud Initiative for 2024-25, and results would be reported back to a future meeting.

-       The Council and the Devon Assurance Partnership were finalists in this year’s Institute of Revenue Rates and Valuation Excellence Awards for the work linked to the Single Person Discount Reviews across the County.

-       New Government guidance had recently been published in respect of the Failure to Prevent Fraud Offence, details of which would be brought to a future meeting.

Members raised concerns around the ongoing misuse of Blue Badges; the severity of consequences; and broader implications. The Head of DAP undertook to report back on these issues at the next meeting.

Report of the Director of Finance and Public Value (DFP/24/112).

The Committee noted the Report of the Director of Finance and Public Value (DFP/24/112), on the Exemptions from Tender overview (Direct contract awards) for the financial year 2023-24.

The report clarified that the Council's Constitution included the Code of Business Conduct, which covered the 'Procedures for Tenders and Contracts.' Paragraph 2.21 of that section outlined the 'Exemption from the Tendering and Formal Quotation Process.' This exemption allowed Directorates, under special circumstances, to seek authorisation for awarding contracts directly to suppliers, in lieu of the standard competitive process. This procedure was overseen by the Council’s Finance and Public Value Directorate as part of its stewardship responsibilities.

The report further stated that the Council 2023-24 external audit of accounts undertaken by Grant Thornton included a review of the Exemption from Tender process managed by the Procurement Service.  Grant Thornton’s audit opinion was that, “…we consider that waivers are maintained at an acceptable level and signify sound arrangements in procurement planning”. 

Grant Thornton also recommended that an Exemption from Tender overview be periodically presented to the Audit Committee to provide an opportunity for oversight.

The Committee were therefore requested to note the Council’s reporting of Financial Year 2023-24 Exemption from Tender decisions as per Financial Regulations for assurance and transparency of how the process was being applied across the Council; and to note that all Council Directorates were asked to minimise Exemption from Tender applications as far as practical, with direct contract awards limited to ‘in extremis’ circumstances, and to ensure where direct awards were authorised, they continued to drive value.

In answer to Members’ questions, Officers clarified that the Children and Young People’s Futures spend of £170,958 had been a prioritised specialist resource spend as part of the Children’s Services improvement journey.

Joint Report of the Director of Finance and Public Value and the Director of Children and Young People’s Futures (CS/24/36).

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

The Committee noted the joint Report of the Director of Finance and Public Value and Director of Children and Young People’s Futures, which provided an update on the SEND Transformation Programme, together with attached slides as presented to the Committee.

The report stated that in September 2023, the Council and its partners agreed a new approach to delivering improvements through the SEND Transformation Programme, which took a system wide approach to delivering positive change and was broadly set out under seven key strands (Annex A), bringing Ofsted/CQC improvement work and Safety Valve activity together in one place.

The report further stated that, in June 2024, this Committee considered an update from the SEND Transformation Team around the ongoing operation of the programme, including notification that management had engaged Devon Assurance Partnership to undertake an urgent review of existing placement handling and wider financial controls across the SEND environment. In light of this, and wider interest in the ongoing work around the Safety Valve and SEND Transformation, this Committee had requested a further update on progress and audit outcomes in later 2024.

The Director of Finance and Public Value explained that the management actions detailed in the presentation were directly as a result of an audit report from Devon Assurance Partnership, which received a 'No Assurance' grading. This audit report would be presented at the next Audit Committee.

Key questions and discussion points included:

-         Concerns were raised about the average cost of £17,000 per child for EHCPs and the number of children waiting in the pipeline. Confirmed that the backlog was forecast within the Safety Valve Agreement with the DfE.

-         Discussion on the additional capital per place for 350 additional children, questioning the justification of these costs.Figures were clarified by officers.

-         The post-16 curriculum offer, specifically the three/five-day offer versus the need-based requirement.

-         Concerns about the £15 million overspend on SEND and the effectiveness of measures to reduce it.

-         Discussion on why Devon remained an outlier with higher demand compared to statistical neighbours. Ongoing work included modelling future demand and understanding demographic factors.

-         Clarification sought on the non-sequential numbering in the risk grid, which was due to the way likelihood and impact were scored.

-         Clarity sought on whether a risk assessment has been conducted regarding the potential for legal action, and confirmation that it would be included if not already following the review.

To further address Members' questions and discuss confidential and legally exempt information, the Committee moved to Part II of the meeting.

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, information relating to the financial or business affairs of an individual (including the authority holding that information) 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 Squires, SECONDED by Councillor Peart 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, information relating to the financial or business affairs of an individual (including the authority holding that information) 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.

[Note:  In accordance with Standing Order 32 Councillors Biederman and Connett requested that their votes against this decision be recorded.]

RESOLVED to return to Part I of the meeting allowing readmission of the press and public. 

Members and Officers engaged in discussions under Part II of the meeting, responding to questions that could not be dealt with in Part I.

It was then MOVED by Councillor Scott, SECONDED by Councillor Hartnell and

RESOLVED to return to Part I of the meeting allowing readmission of the press and public. 

Members and Officers then engaged in further discussions, covering:

-       Assurance work carried out and the work areas looked at.

-       Challenges around national legislation and local practice issues.

-       That the current scheme of delegation had been suspended with senior managers now reviewing decisions, and that a new scheme of delegation was currently under review as part of the redesign.