Agenda and minutes

Thursday, 19th September, 2019 10.00 am

Venue: Conference Room A, Cumbria House, Botchergate, Carlisle

Contact: Jackie Currie  Email:

No. Item



To receive any apologies for absence.


Apologies for absence were received from Mr P Thornton and Mrs J Willis.




Members are invited to disclose any disclosable pecuniary interest they have in any item on the agenda which comprises


1          Details of any employment, office, trade, profession or vocation carried on for            profit or gain.


2          Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses.  (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.


3          Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority


(a)       Under which goods or services are to be provided or works are to be executed; and


            (b)       Which has not been fully discharged.


4          Details of any beneficial interest in land which is within the area of the authority. 


5          Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer. 


6          Details of any tenancy where (to your knowledge)


            (a)       The landlord is the authority; and


            (b)       The tenant is a body in which you have a beneficial                                                         interest.


7          Details of any beneficial interest in securities of a body where


(a)       That body (to your knowledge) has a place of business or land in the    area of the authority; and



(b)       Either –


(i)      The total nominal value of the securities exceeds £25,000 or one            hundredth of the total issued share capital of that body; or


(ii)     If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.




A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners).  


There were no disclosures of interest made at this meeting.



MINUTES pdf icon PDF 85 KB

To receive the minutes of the Cabinet meeting held on 27 July 2019 (copy enclosed)




RESOLVED, that the minutes of the meeting held on 25 July 2019 be agreed as a true and accurate record and signed by the Chair.




To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.


RESOLVED, that the press and public be not excluded from any items on the agenda today.




To receive statements by the Leader of the Council and Cabinet Members.


The Cabinet Member for Economic Development made an announcement about the North West Apprenticeship Awards held in Liverpool on 18 September.  Cumbria County Council were winners in two categories, 


·         The QA Award for Macro Employer of the Year 2019

·         The People Plus Award for Recruitment Excellence 2019


This was a fantastic result for the County Council’s Apprenticeship Team and Cabinet congratulated Amanda Towers and her team for this incredible achievement.




There were no questions, petitions or statements at the time of despatch



There were no public questions, petitions or statements made at this meeting.



2019/20 Revenue and Capital Budget Monitoring Report to 30 June 2019 pdf icon PDF 265 KB

To consider a report from the Director of Finance (Section 151 Officer) (copy enclosed)




Additional documents:


Cabinet considered a report from the Director of Finance (Section 151 Officer) which set out the Council’s forecast financial position at 30 June 2019. 


On presenting the report the Leader reminded Cabinet that the financial context for the Council was extremely challenging.  Since 2011/12, the Council had agreed a total of £272million of savings in setting annual revenue budgets.  In setting the Budget, Council in February agreed £22.730m of new savings, having taken account of the impact of one-off savings from previous years, which required replacement in agreeing the Balanced Budget for 2019/20.


He then took members through the report and highlighted the key messages. 


At the end of Q1, against a net revenue budget of £383.726m, the forecast for the Revenue Budget at the year end was a net pressure of £2.549m.  The budget position continued to be closely monitored to secure the financial sustainability of the Council going forward.


The contingency budget was currently forecast to be fully spent, but if unused at the year end, it would provide a forecast underspend of £1.500m resulting in a net overspend for 2019/20 of £1.049m, however, it was expected that a break even position at year end would be delivered. 


The challenge to achieve a balanced budget at the year-end was significant. The net forecast consisted of net pressures in the Directorates of £10.587m was offset with an underspend of (£8.038m) in the Other Corporate budgets. The majority of the underspend in the Other Corporate Budget Items was due to an underspend of (£7.288m) on the inflation budget.


The Directorate net pressures of £10.587m were largely as a result of demand pressures within Children Looked After £3.746m and associated budgets of £1.647m, Younger Adults demand pressures for complex needs of £4.001m, and other pressures principally related to Home to School transport for children with Special Educational Needs and the non-delivery of some step-ups in savings assumed in the Medium Term Financial Plan. These had been offset in part in Directorates by holding vacancies, activities to increase income, manage sundry expenditure and for the Corporate Items, there was additional income from expected growth in Business Rates (£3.000m), prudent Treasury management (£1.645m) and the careful non-allocation of the inflation budget (£7.288m).


Cabinet’s appreciation of the assumptions underpinning the forecast was sought.  In particular, the assumptions relating to the delivery of the Recovery Plan for Children Looked After. This had been the principal area of demand in recent years, along with many other Councils. Growth was provided in setting the base budget for 2019/20 for Children Looked After, Younger Adults and Home to School Transport, however, the Q1 monitoring indicated current demand exceeded budget in these areas. Significant actions and renewed scrutiny were underway in all three areas to continue to strengthen gatekeeping, monitoring and management of delivery of services to mitigate these service and consequent budget pressures – but the risks to delivering a balanced budget by the year end could not be underestimated.


The Council approved a capital programme for 2019/20  ...  view the full minutes text for item 39.


Corporate Performance Monitoring Report - Quarter 1 2019/20 pdf icon PDF 292 KB

To consider a report from the Director of Finance (Section 151 Officer) (copy enclosed)


Additional documents:


Members had before them a report from the Director of Finance which provided Cabinet with an update on progress of corporate performance, incorporating the Council Plan Delivery Plan 2019/20.


The Leader presented the report and highlighted that the Council Plan Delivery Plan 2019/20 included both a description of 54 actions that the Council would undertake with target dates for delivery or milestone, and 38 performance measures which provided an indication of how well the Council was performing. 


The overall position at the end of Quarter 1 2019/20 was that 46 of the 54 (85%) Council Plan Delivery Plan actions had delivered, met or were on track to meet the planned milestone and rated green, seven (13%) were in progress and at risk of missing the milestone and rated amber. For the same period one action (2%) was expected to miss a key milestone or not fully deliver as intended and therefore rated red.


In terms of the measures used to track performance, the overall position for Quarter 1 was that 23 of 38 measures (60%) demonstrated positive, exceeding the target or within 5% of the target which results in a green rating. Nine measures (24%) were within 10% of the target and rated amber. Six measures (16%) were more than 10% off the target and therefore rated red.


The Leader highlighted a number of areas of progress contained within the report including the continuing recruitment of our ‘grow your own’ social workers for children’s services, the successful transition event that had taken place for parents of children with over 150 families attending and the draft of the ‘All-Age Carers Charter’ that had been developed with the engagement of the Carers Consortia.


In terms of areas for improvement, the leader spoke of the clear links to the Budget report that had just been considered, and the resulting demand pressures in Children Looked After and Younger Adults with complex needs.


Cabinet Members would be discussing performance outcomes with the individual Executive Directors over the next quarter.


RESOLVED, that Cabinet note the overall performance relating to delivery of the three Council Plan outcomes, and implementation of new ways of working, focusing on progress against the actions and metrics identified in the Council Plan Delivery Plan for the 1st quarter ending 30 June 2019.


Regulation of Investigatory Powers Act 2000 pdf icon PDF 106 KB

To consider a report from the Executive Director – Corporate, Customer and Community Services (copy enclosed)



Additional documents:


Members considered a report from the Chief Legal Officer/Monitoring Officer which sought approval of the Regulation of Investigatory Powers Act 2000 policy document.


The report also provided members with an update on surveillance activity since the last report to Cabinet in September 2018.


Cabinet noted that there had been no RIPA authorisations applied for or granted since the date of the last report in September 2018, and that this was in line with national trends.  RIPA was considered on 5 occasions but not pursued as alternatives such as test purchases were able to be used.


RESOLVED, that Cabinet


(1)     approve the Regulation of Investigatory Powers Act 2000 policy document, and

(2)      delegates authority to the Chief Legal Officer/Monitoring Officer in conjunction with the Leader and Deputy Leader to make amendments to the policy where required as a result of changes in legislation.


2019 Health and Safety Policy Statement and 2018/2019 Annual Health, Safety and Wellbeing Report pdf icon PDF 102 KB

To consider a report from the Executive Director – Corporate, Customer and Community Services (copy enclosed)



Additional documents:


The Cabinet Member for Environment presented a report to Cabinet which summarised the main findings of the Corporate Health, Safety and Wellbeing activity undertaken during 2018/19 and specifically requested that Cabinet approves the 2019 Health and Safety Policy Statement; and publication of the 2018/19 Corporate Annual Health, Safety and Wellbeing Report.


On presenting the report the Cabinet Member asked members to note that significant improvements to re-establish senior level health and safety governance had taken place across the organisation during 2018/19.


Statistics in the Annual Report showed an overall performance improvement with a reduction in the number of health and safety incidents reported, however there was a small increase in the numbers of RIDDOR reportable incidents.


Stress and musculoskeletal reasons remained the biggest contributors to Council absence figures; with absences from non-work related stress reasons more prevalent than those attributed to work related stress.


The Council had a legal duty to prepare a Corporate Health and Safety Policy Statement and communicate this to employees. The statement set out the overall policy of the Council and demonstrated a clear vision and commitment for how health and safety should be managed and continually improved. The recommended Corporate Health and Safety Policy Statement for 2019, attached at Appendix 1 was supported by a range of health and safety improvement initiatives and monitored through a review of action plans.


The Council also produced an Annual Health, Safety and Wellbeing Report detailing past performance and highlighted future developments as part of the council’s programme for continuous improvement. The 2018/19 Annual Report was attached as Appendix 2 to the report.


In relation to the 2018/19 Annual Report, overalll, health and safety governance had been strengthened with investment in training, development, equipment and capacity. This had resulted in positive performance improvements and the number of safety related incidents had reduced across the Council from 3,675 incidents in 2017/18 to 3,253 incidents in 2018/19. 


All accident and incident data (including near misses) must be carefully reviewed, with action taken where required to strive for continuous improvement and to embed any learning to prevent similar re-occurrences. The accident and incident numbers in 2018/19 were again predominantly in the Cumbria Care service within the Provider Services, People Directorate.  This was partly due to the size of the workforce in this service area but also attributable to a stronger culture of reporting accidents and incidents and the nature of the service being delivered.


Historically, near miss reporting had been low.  A continued focus would be to encourage colleagues across the whole organisation to report near misses so that common issues were known, investigated and addressed before they become more serious.  E-safety tools to assist prompt reporting of incidents had been introduced and for operational workers without easy access to a computer, safety observation reporting cards had been issued which could be passed to managers to action.


Over the past 3 years, Cumbria County Council had achieved the Bronze (2016), Silver (2017) and Gold (2018) levels of the TUC Better Health  ...  view the full minutes text for item 42.


Youth Justice Plan 2019-20 pdf icon PDF 162 KB

To consider a report from the Interim Executive Director – People (copy enclosed)




Additional documents:


The Cabinet Member for Children’s Services presented a report which advised members on the planning requirements for the Youth Offending Service (YOS) and sought Cabinet’s approval of the Youth Justice Plan 2019/20 for recommendation to Council.


The Cumbria Youth Justice Plan had been required to be submitted to the Youth Justice Board by 5 August 2019. A draft copy of the Plan would be accepted by the Youth Justice Board, with a final formal submission made after the plan was presented to full council in November 2019.


To deliver against the primary aim of preventing offending and re-offending, the Youth Offending Service not only worked to improve the outcomes of young people and thus reduce the risk of a criminal lifestyle, but also worked to support victims and improve the safety of Cumbria’s communities.


The Youth Offending Service must continue to focus on its key strategic aim of preventing offending by children and young people and the Youth Justice Plan sets out how this would be carried out in the year ahead.


Many of the children and families YOS worked with were involved with services across the partnership, accessing support at an early help level or from other statutory services. The Youth Offending Service must continue to ensure greater alignment with partner services, such as Targeted Youth Support, the Strengthening Families’ team and Children’s social care teams, to intervene early and prevent escalation into these statutory services.


The positive impact of this partnership working had been evident over the last 12 months, for example, the reduction in the number of children and young people not in education, training and employment and the increased family and parenting support offered at prevention and statutory service level.


RESOLVED, that Cabinet RECOMMENDS to County Council that the Cumbria Youth Justice Plan for 2019/20 be agreed.