Agenda and minutes

Members of the Council will declare any interest 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

No declarations were received, over and above the other registrable interests of Councillors of Devon County Council, arising from membership of City, Town or Parish Councils and other Local Authorities.

 A list of county councillors who are also district, borough, city, parish or town councillors

Minutes of the meeting held on 25 September 2024 (previously circulated).

RESOLVED that the Minutes of the meeting held on 25 September 2024 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 matter raised as a matter of urgency.

Members of the public may make representations/presentations on any substantive matter listed in the published agenda for this meeting, as set out hereunder, relating to a specific matter or an examination of services or facilities provided or to be provided.

There were no oral representations from Members of the Public.

In accordance with previous practice, Scrutiny Committees are requested to review the list of forthcoming business and determine which items are to be included in the Work Programme.

The Committee may also wish to review the content of the Cabinet Forward Plan and the Corporate Infrastructure and Regulatory Services Risk Register to see if there are any specific items therein it might wish to explore further.

The Head of Scrutiny updated the Committee as to the work programme, noting the Member Champion for Domestic and Sexual Abuse would report to the January 2025 meeting.

RESOLVED that the following items be added:

-Local Cycling and Walking Infrastructure Plan (January 2025);

-Work of the Devon Archaeology Service.

Report of the Director of Performance and Partnerships (PP/24/06), attached.

(Councillor Gilbert attended under Standing Order 25(1)).

The Cabinet Member for Economic Recovery and Skills  introduced the Report of the Director of Performance and Partnerships (PP/24/06) on broadband coverage across Devon and Somerset (latest increase to 96.3%) and progress of the publicly subsidised Airband, Wessex and Openreach contracts and the Mobile Boost programme. It also provided an update on Project Gigabit; the national broadband programme being led by Government, as well as progress for a meeting with the new Digital Minster to address poor rural connectivity following the previous Government consultation on how to best reach and serve these very hard to reach areas. The Connecting Devon and Somerset Programme contributed to the Council’s Strategic Plan across multiple disciplines and had identified a number of high level risks including market sufficiency and supplier failure, as well as considering mitigation.

Members discussion included:-

-recognition of the significant challenge of delivery to very rural Devon areas, with unique Devon issues;

-concern at the potentially high connection charges for rural residents;

-continued low connectivity in rural areas;

-disappointment at the difficulties and resulting delays experienced with the provider and rollout in Devon, also seen elsewhere;

-payment by results contract terms on previous and revised Airband contract, now with reduced services to September 2027;

-greater communication with parishes and communities on the rollout was required;

-Member briefings would assist clarity and awareness information to cascade to local communities;

-noting the open scrutiny of providers’ accounts and Council spending on the programme;

 -28,000 properties were awaiting the service;

-voucher scheme process and option for any local community with a potential provider to speed up the process which should still be done via the County Council;

-opportunity to reduce Devon’s carbon footprint, noting and encouraging the  submission of responses to the current government open consultation on local authority meetings attendance and proxy voting to support remote and hybrid attendance and working (8 week consultation from 24 October 2024).

It was MOVED by Councillor Brook and SECONDED by Councillor Dewhirst

and

RESOLVED: that

(a) all Members receive a briefing note on the roll out of broadband, to also include opportunities for Members to have 1:1 discussions about the roll out of broadband in their Divisions;

(b) it should be ensured that there was sufficient information available to communities/parish councils where Airband was available and how they can access the services;

(c ) it should be ensured that there was sufficient information and advice for communities on where access to a voucher scheme was applicable and how that could be accessed; and

(d ) Cabinet be recommended to encourage Councillors to respond to the Government’s open Consultation: “Enabling remote attendance and proxy voting at local authority meetings”, noting also there would be a Council response to the consultation, given the sustainable and efficiency benefits of hybrid meetings.

Mid-year report providing an overview of finance and performance, as well as highlighting key risks:-

-       (a) Service Delivery for Finance and Public Value, Transformation and Business Services, People and Culture, Legal and Democratic Services: In-Year Briefing Chief Executive, Chief Officers and Heads of Service to report;

-       (b) Service Delivery for Climate Change, Environment and Transport: In-Year Briefing Report of the Director of Climate Change, Environment and Transport (CET/24/107), attached; and

-       (c) Service Delivery for Public Health, Communities, and Prosperity: In-Year Briefing Report of the Director of Public Health, Communities and Prosperity (PH/24/04), attached.

(a)  Service Delivery for Corporate Services

(Councillor Saywell attended under Standing Order 25(1)).

(i) The Director of Finance and Public Value verbal update included that the external auditors had signed off the council’s pension and main accounts at an early stage, an excellent achievement particularly when developing a new corporate finance system. She also reported on medium financial planning, strategic procurement, commissioning board best practice success.  The Future Finance Standing Overview Group was monitoring the development and implementation of the Future Finance system, on track for implementation by end January 2025.

Members discussion included:-

-financial assessment input for children and adult social care processes and procurement for adult social care systems;

-noting that a guarantee of timeline for Future Finance Project implementation could not be given.  Whilst this was on track, the integrity/security of the system was paramount.

(ii) The Director of Performance and Partnerships’ verbal update included:-  the Devon Housing strategy success; building a sustainable future for Exeter Science Park; the good record of Mathematics and English attainment; cost of living; and that the draft regulations Devon and Torbay Devolution had been laid in Parliament, anticipated to be established in February 2025.

(iii) The Director of Transformation and Business Services’ verbal updated included:-

-the original budget for 2024-25 was set at £20.020m (At month 6, the budget was £19,035m);

-the current forecasted outturn was £19,494m (from a £19,035m budget) equating to a £459k overspend,  attributable to vacancy management targets (an assumed level of staff turnover where vacant posts were not replaced immediately to contribute towards savings targets);

-that key priorities were: Organisational Resilience including IT infrastructure to support major IT systems replacement and resilience against high risks e.g. cyber security;  Change Programme; and Technology .

(iv) The Director of People and Culture’s verbal update included:- 

-the original budget for 2024-25 set at £7.215m;

-the current forecast outturn of £7,088m equating to a £127k underspend including delivery of £270k savings (combination of reduction in staffing costs and contract reductions); 

- that key priorities for People & Culture were:

1.    Delivery of People Strategy

2.    Financial Sustainability.

Members discussion included:-

-workforce absenteeism, productivity and staff surveys.

(v) The Director of Legal and Democratic Services’ verbal update included:-

-the original budget for 2024-25 set at £9,092m (in year transfers of additional services £12,592,000).  The Directorate had grown to include the information governance team, the SEND tribunals team, the education (attendance team), the external communications and customer relations.  In April 2024 all external legal disbursements budgets across the council were pooled and moved to the legal team to manage.  These budgets were overspent and would be substantially mitigated by the legal re structure;

 -the current forecasted outturn is £14,158,000m (from a £12,592m budget) equating to a £1.5m overspend;

 -the overspend was attributed to a number of reasons including:-

• Legal disbursements budgets for counsel, court issue fees, medical experts, JR’s etc
• Delayed re structures in legal and communications teams
• vacancy management targets (an assumed level of staff turnover where vacant posts are not  ...  view the full minutes text for item 193.

Report of the Director of Finance and Public Value (DFP/24/121), attached.

The Committee considered the Report of the Director of Finance and Public Value (DFP/24/121) on key matters arising from the Council’s Treasury and Debt Management activities during the first seven months of the 2023/24 financial year, to ensure that agreed policy is being implemented. This Report, and any comments from this Committee, would be considered by Cabinet. 

In summary the Report indicated that:- the initial short term borrowing of £29 million that was taken out to fund repayment of £46.5 million of LOBO loans during 2023 was all repaid by early November 2024, but was re-financed by further short-term borrowing of £15 million at a lower rate of interest; and Investment income for the 2024/25 financial year is forecast to be £1.5 million less than budget.

Members’ discussion included:-

-noting the need for the Council to hold higher cash balances to manage cash flow, varying at points throughout the financial year, impacted in part by the High Needs Block overspend and the resulting DfE Safety Valve programme;

-interest and loan rates available to the Council dependent on various factors.

-noting the Council’s general fund was separate to the pension fund, the latter overseen by the Investment and Pensions Committee which would consider any proposed government changes to local authority pension investment. 

-noting that an Officer response would be provided to why there was £48.04m in money market funds as at 31 March and only £18.86m as at 30 September 2024.

(Note: response provided for the minutes:- the level of cash balances varied across the year. Around £11 million was due to be paid in interest payments on the Public Works Loans Board  debt on 2 April 2024, so funds  were held to meet those payments. The £38 million contribution from the Department for Education as part of the Safety Valve agreement and an £11 million grant from the Department of Transport were received in late March. While some of this was invested in longer term investments, a significant sum was invested in a money market fund pending consideration of cashflow requirements and the ability to make longer term investments).

It was MOVED by Councillor Letch and SECONDED by Councillor Slade

and

RESOLVED: that the report be welcomed.

Report of the Director of Public Health and Communities (COM/24/01), attached.

(The Council’s general dispensation applied to those Members in receipt of a pension).

(Councillor Croad attended under Standing Order 25(1)).

The Cabinet Member for Public Health, Communities and Equality introduced the Report of the Director of Public Health and Communities (COM/24/01), which showed a range of positive, proactive and substantial activity being conducted within Devon to tackle the ongoing cost of living issues that households face, whilst helping to mitigate negative impact. Much of this activity was reliant on the ongoing receipt of external funding streams, often provided at short notice and available within a limited timeframe, with ongoing risk of cessation. The Household Support Fund, Free School Meal Holiday Vouchers, the Holiday Activity & Food programme, the £2 Bus Fare scheme and the new models of food support are funded externally and for fixed periods. The Corporate Risk Register and associated process allows DCC officers to highlight, raise awareness, monitor and review the landscape in this regard; providing early warning of possible cessation so that the Council (and its partners where appropriate) could raise awareness and inform policymakers of the local impacts on reducing or ending funding.

Members’s discussion included:-

-concerning trend regarding the level of fuel and food poverty and particular impact on families, as well as other people in communities;

-potential effect on communities and health regarding the reconsideration of the cheap food policy;

-housing crisis impacting on cost of living and poverty, and the need for greater emphasis on investment in affordable housing;

-noting that a number of agencies were looking at the impact of the government’s recent budget on the cost of living, including the effect of changes to the winter fuel allowance and to the state pension.

It was MOVED by Councillor Atkinson and SECONDED by Councillor Dewhirst and

RESOLVED: that in further considering  the original recommendations (as indicated in the Report) from the Cost of Living Spotlight Report (March 2023), which were progressed and reported on in November 2023:-

(a)  that the Communities Team be asked to inform the Local Government Association campaign on the need for longer-term sustainable funding approach to support people out of poverty; 

(b) that Cabinet be asked to  write to government regarding the anomalies between the new state pension scheme and the preceding state pension scheme; and

(c) that further progress made on related aspects of the cost of living recommendations and subsequent developments be noted.

Report of the Director Legal and Democratic Services (LDS/24/47), attached.

The Committee considered the Report of the Director Legal and Democratic Services (LDS/24/47), on progress in meeting objectives over the past six months and work in progress, on a range of activities.

Progress from 22% to 39% of actions in the County Council’s EDI plan were now complete or in place and 41% of actions in progress. A significant number of these actions were through the workforce strategy – People First, aiming to make the Council an ‘employer of choice’ – recruiting and retaining a diverse and skilled workforce, committed to delivering services and improved outcomes to all Devon residents.

In response to Member questions and comments, it was noted in relation to racism and all EDI matters there was zero tolerance of any inappropriate behaviour within any County Council buildings, with any reported instances investigated. Some issues were not as easy to resolve within the community.  The Committee also recognised that disability was a key area of work, noting that the EDI team was developing accessibility improvements for public and staff to County Council services and buildings.

It was MOVED by Councillor Letch and SECONDED by Councillor Slade

and

RESOLVED: that the wide range of positive work taking place across the authority to reduce inequalities and foster good relations be acknowledged.

Report of the Director of Legal and Democratic Services (LDS/24/44), attached.

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/44) on the above Group’s meeting.

Due to the newly programmed live implementation  date, it was recommended that a further standing session be moved to January 2025 (from December 2024).

It was MOVED by Councillor Letch and SECONDED by Councillor Slade

and

RESOLVED: that

(a) the report be accepted as an accurate record of the meeting ensuring transparency in Scrutiny activities; and

(b) a further standing session of the Standing Overview Group be held in January 2025.

Report of the Director of Legal and Democratic Services (LDS/24/46), attached.

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/46) on the above Group’s meeting.

Members of the group felt that there had been good scrutiny questions raised with Barclays Bank to understand their approach around concerns the Committee had heard about regarding the Council’s banking services provider’s  approach to climate transition and the financing of fossil fuels.  This meeting had raised awareness of this issue.

It was MOVED by Councillor Hodgson and SECONDED by Councillor Dewhirst and

RESOLVED: that this report be accepted as an accurate record of the meeting ensuring transparency in Scrutiny activities and to share the learning from the Climate Change Standing Overview Group.

Report of the Director of Legal and Democratic Services (LDS/24/48), attached.  

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/48) on the above visit, with Members attending appreciating the work undertaken by the laboratory for Devon’s highways, including work prior to new developments.

It was MOVED by Councillor Letch and SECONDED by Councillor Squires

and

RESOLVED: that the learning from the visit to the Materials Laboratory be shared, ensuring transparency in Scrutiny activities.

Please use link below for County Council Calendar of Meetings:

http://democracy.devon.gov.uk/ieListMeetings.aspx?CommitteeId=175