Agenda and minutes

Cabinet
Thursday, 27th September, 2018 10.00 am

Venue: County Offices, Kendal

Contact: Shamim Lindsay  Email: shamim.lindsay@cumbria.gov.uk

Items
No. Item

30.

APOLOGIES FOR ABSENCE

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Mr I Stewart and Mr DE Southward.

 

 

31.

DISCLOSURES OF INTEREST

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.

 

Note

 

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).  

Minutes:

There were no disclosures of interest made on this occasion.

 

 

32.

MINUTES pdf icon PDF 120 KB

To receive the minutes of the Cabinet meeting held on 26 July 2018 (copy enclosed).

Minutes:

RESOLVED that,     the minutes of the meeting held on 26 July 2018 be agreed as an accurate record and signed by the Chair

33.

EXCLUSION OF PRESS AND PUBLIC

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

Minutes:

RESOLVED that,     the press and public be excluded from the meeting during consideration of Agenda Item No 12 – Borderlands Inclusive Growth Deal Appendix A and Agenda Item No 15 – Emergency Exemption from Contract Procedure Rules, as both of these are not for publication by virtue of paragraph 3 of Part I of Schedule 12A of the Local Government Act 1972, as they include information relating to the financial or business affairs of any particular person (including the authority holding that information).

34.

STATEMENTS BY THE LEADER OF THE COUNCIL AND CABINET MEMBERS

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

Minutes:

There were no statements made by the Leader and Cabinet Members  on this occasion.

 

35.

PUBLIC PARTICIPATION

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

 

Minutes:

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

 

36.

2018/19 Revenue and Capital Budget Monitoring Report to 30th June 2018 (Q1) pdf icon PDF 295 KB

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

Additional documents:

Minutes:

Members of the Cabinet considered a report from the Director of Finance (Section 151 Officer) which set out the Council’s financial position at 30 June 2018 (Q1); covering the Revenue Budget, Capital Programme and Treasury Management.

 

The Leader of the Council said the financial context for the Council remained extremely challenging, with 2018/19 representing the ninth financial year of significant funding reductions from central government.

 

At the end of Q1, the forecast for the Revenue Budget 2018/19 at the year-end was a net pressure of c.£3m. This forecast assumed the delivery of the Budget as set out in this report, including and particularly, the Promoting Independence Programme within People Services.

 

The budget position continued to be monitored as part of our integrated approach to managing resources to deliver the Council Plan, provide for our statutory responsibilities and secure the financial sustainability of the Council going forward.

 

The Leader and Cabinet Members were aware of budget and service demand pressures being reported by Councils elsewhere.  As with other authorities providing social care Cumbria also continued to experience service demand pressures. Every effort was being made to be ‘on budget’ at the year end, but this was challenging.

 

The Leader asked Cabinet to note that demand related pressures due to Children Looked After (CLA) of £7.309m were mainly due to pressures on placement costs, an increase in the number of Children Looked After compared to budget estimates, as well as payments for Special Guardianship Orders and adoption inter agency fees.

 

RESOLVED that, members

 

a)      Note the Revenue Budget at the provisional outturn for monitoring purposes of £379.121m as a result of the transfers from the Inflation and Contingency budget and agreed transfers from reserves (set out in Appendix 1 of the report);

b)      Note the forecast Revenue Budget outturn of a net pressure of £2.968m;

c)      Note progress in delivering the new savings for 2018/19 of £38.829m; a total of £36.874m (95.0%) of these 2018/19 savings are forecast to be delivered by 31st March 2019; 

d)      Note the forecast General Reserve balance at 31st March 2019 of (£8.938m) before additional mitigations throughout the year. This is below the minimum General Reserve Balances target set by Council in February 2018 of £10m;

e)      Approve the virement of £0.500m requested within Economy and Infrastructure between Directorate budget lines as set out in paragraph 5.3.

f)       Approve the following transfers to reserves

 

I.   £1.433m to the General Reserve from additional Business Rates S31 grants as set out in Table 2 at paragraph 3.3,

II.  £1.500m relating to legacy Health income to DSG reserves as set out in paragraph 4.13.

 

g)      Note the following adjustments and transfer to reserves.

 

I.   technical adjustments totalling £8.234m within People as set out in paragraph 4.2,

II.  £2.697m transfer to the reserves as set out in paragraph 3.3b following Council’s decision on 15th February 2018 to transfer the net increases / decreases to Sources of Finance announced after the 5th February 2018 to the Council's Volatility Reserve

 

h)      Approve that  ...  view the full minutes text for item 36.

37.

Regulation of Investigatory Powers Act 2000 pdf icon PDF 82 KB

To consider a report from the Chief Legal Officer/Monitoring Officer.

Additional documents:

Minutes:

Members considered a report from the Chief Legal Officer which sought approval of the policy document which set out how Cumbria County Council would comply with the Regulation of Investigatory Powers Act 2000 (RIPA).

 

The report also provided Cabinet with an update on surveillance activity since the last report to Cabinet in September 2017.  Cabinet noted that the County Council rarely made use of the powers available under RIPA and no authorisations had been applied for or granted in the last year.

 

The approval of the policy would ensure the Council’s compliance with relevant legislation and guidance.  Members noted that ensuring that an up to date and accurate policy and guidance was available would assist the Council to balance the needs of undertaking work to safeguard individuals and local communities whilst ensuring that it does not unnecessarily infringe the human rights of individuals.

 

RESOLVED that,    

 

(1)       Cabinet note the work being undertaken by officers and the communications plan for better embedding RIPA within the organisation;

(2)       Cabinet approve the attached updated Policy in respect of how Cumbria County Council will comply with the Regulation of Investigatory Powers Act 2000;

(3)       Members delegate authority to the Chief Legal Officer/Monitoring Officer in consultation with the Leader and Deputy Leader to make amendments to the policy in line with changes to legislation.

 

 

           

 

38.

CORPORATE PERFORMANCE MONITORING REPORT Q1 2018/19 pdf icon PDF 243 KB

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

Additional documents:

Minutes:

Members considered a report from the Director of Finance (Section 151 Officer) which provided Cabinet with a progress update on corporate performance, incorporating progress on the Council Plan Delivery Plan 2018/19 for the three month period from 1 April 2018 to 30 June 2018.

 

This report focused on the Council Plan Delivery Plan for 2018/19 that was agreed by Cabinet in June 2018. The Council Plan Delivery Plan for 2018/19 set out a series of actions and indicators relating to how the Council would deliver the three outcomes and implement the new ways of working; as identified in the Council Plan 2018-22 which was agreed by Council in February 2018.

 

Members noted that where performance was below target or baseline, action would be taken to improve performance to bring performance back on track.

 

RESOLVED that,     Cabinet note 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 Council Plan Delivery Plan 2018/19 for the quarter 1 ending 30 June 2018.

 

 

39.

COUNTY COUNCIL ENFORCEMENT POLICY pdf icon PDF 89 KB

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed).

 

Additional documents:

Minutes:

The Cabinet Members considered a report from the Executive Director – Economy and Infrastructure which sought approval for a refreshed Council Enforcement Policy in accordance with the Regulator’s Code.

 

The revised policy was intended to cover all of the council’s enforcement activities, it provided guidance to businesses and the public, so that they were aware of the range of options that were available to the council to achieve compliance with legislation. The policy enabled those who were regulated to understand the Council’s objectives and methods for achieving compliance as well as the criteria considered when deciding the most appropriate response to a breach of legislation.

 

The Cabinet Member for Environment asked that the Enforcement Policy be shared, for information with Cumbria Association of Local Council’s (CALC) Executive.  This was AGREED.

 

RESOLVED that,     Cabinet approves the refreshed Council Enforcement Policy as set out in Appendix 1 of the report.

 

40.

Community Asset Transfer: Various Properties- land and buildings in Penrith (Eden) and Seascale (Copeland) pdf icon PDF 102 KB

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed).

 

Additional documents:

Minutes:

Members had before them a report from the Executive Director – Economy and Infrastructure which detailed two proposed Community Asset Transfers:

 

·      The freehold transfer of land at Thacka Beck, Penrith to Penrith Town Council (Community Asset Transfer) for nil consideration.

·      The freehold transfer of Seascale Library to Seascale Parish Council  (Community Asset Transfer) for nil consideration.

 

Land at Thacka Beck, Penrith

 

Penrith Town Council (PTC) submitted an expression of interest to the County

Council for the land in April 2017; the expression of interest was accepted.  The proposal for the land was in two stages:

 

·      Stage 1: preserve the field very much as it was now i.e. for informal exercise, in particular dog walking. In addition the PTC will explore the need for minor enhancements, e.g. new gate entrances, dog bins, signage, trimming back hedges by footways.

·      Stage 2: will seek to deliver a range of major enhancements such as a community orchard, a children’s play area, and more extensive footpaths. Possible income generation opportunities will be explored as part of this second stage.

 

The proposals for the land at Thacka Beck would support the Council’s Vision to be a Council that   worked with residents, businesses, communities and other organisations to deliver the best services possible within the available resources with particular reference to the aim that people in Cumbria are healthy and safe.

 

Seascale Library, Seascale

 

In July 2016 Copeland Local Committee was presented with an expression of interest from Seascale Parish Council (SPC) with respect to the Seascale Library. SPC’s stated aim was to take over and develop the offer into a community centre retaining the library facility. This was an operational asset and not therefore surplus.

 

The proposal for the building stated the following aims:

 

     To develop the current library building as a Community Hub to include a Conference Meeting Room, improvements for disabled access for toilet facilities and an upgrade to the kitchen which will give the ability to generate income from room hire related to local businesses, Sellafield Ltd and the Supply Chain.

     There is a strong desire from the community to keep a library service within the building; there is already a list of 20 willing volunteers ready to run a Library Link, similar to the one set up in Gosforth, which will be supported by the Council’s own Library staff.

     A network of partner agencies have already shown an interest or are already using the building such as Seascale GP Surgery, Credit Union, Citizens Advice Bureau, Age UK West Cumbria and Phoenix Enterprise Centre which will provide much needed accessibility to these services for an ageing population in a key service centre and where there is now limited public transport.

 

Proposals for Seascale Library would support the Council’s Vision to be a Council that worked with residents, businesses, communities and other organisations to deliver the best services possible within the available resources with particular reference to the Council’s aim to ensure places in Cumbria are well connected and thriving. As  ...  view the full minutes text for item 40.

41.

BORDERLANDS INCLUSIVE GROWTH DEAL pdf icon PDF 104 KB

To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed).

 

To Follow: Appendix marked as containing exempt information for consideration in Part 2 of the meeting.

Additional documents:

Minutes:

Cabinet considered a report from the Executive Director – Economy and Infrastructure which asked them to approve the submission of the proposals for a Borderlands Inclusive Growth Deal between UK and Scottish Governments and with Carlisle City Council, Cumbria County Council, Dumfries and Galloway Council, Northumberland Council and Scottish Borders Council.

 

The report provided an update on the development of the Borderlands Inclusive Growth Deal proposals, and sought authority to submit the Deal documentation to the UK and Scottish Governments as a basis for further negotiations in order to secure funding that would support economic growth across the Borderlands region.

 

The Conservative Government had made a manifesto commitment in May 2017 to negotiate a Borderlands Deal.  The Borderlands partners were then invited to submit a proposal. The Borderlands Inclusive Growth Proposition was submitted at the end of September 2017 to both the UK and Scottish Governments, by the Leaders of the five local authorities making up the Borderlands Partnership (Carlisle City Council, Cumbria County Council, Dumfries and Galloway Council, Northumberland County Council and Scottish Borders Council). 

 

Since then further stages of work, including wider engagement with both governments, businesses, communities and other stakeholders has been undertaken. This had led to the development of the Deal proposals which would be subject to further negotiation with both Governments in order to reach Heads of Terms.

 

Members noted that following submission of the proposal, there is expected to be further negotiation with UK and Scottish Governments, and at this stage, there was no guarantee that a Deal would be agreed. 

 

The Deal proposal set out a “shared ambition for the Borderlands to be a vibrant place attracting, rewarding and retaining people to live, work, visit and invest here, by offering a high quality experience, in beautiful, well-connected surroundings.”

 

Members noted that the Deal proposal comprises six programmes and five place-based projects, and that the six programmes would deliver benefit across the whole Borderlands geography and include:

 

·      Borderlands Energy

·      Quality of Place

·      Business Infrastructure Programme

·      Knowledge Exchange Network

·      Digital Borderlands

·      Destination Borderlands

 

In addition to the programmes there were five projects, as follows: 

 

·      Mountain Bike Innovation Centre

·      Carlisle Station Gateway

·      Chapelcross

·      Berwick Theatre and Conference Centre

·      The Borders Railway

 

Members felt that the Deal offered the opportunity to secure Government funding to be invested in the Borderlands region to support economic development that would not otherwise be available, and that through the Deal there was the opportunity to develop an improved relationship with Government that may lead to further funding being allocated in future years.

 

The Chief Executive said the Deal was a tremendous opportunity for Cumbria, and the strength of partnership agreement was strong for all the proposals.  She hoped that Cabinet would support the submission.

 

Cabinet members were delighted to  see the details proposed  for the Deal and were fully in support of the all the proposals.

 

Cabinet asked that their thanks be recorded to the Assistant Director – Environment and the Senior Manager – Economic Development for their efforts in driving  ...  view the full minutes text for item 41.

42.

Approval to Award by Cabinet for Open Framework Agreement for the provision of support for individuals with a learning disability and/or autism with additional needs pdf icon PDF 107 KB

To consider a report from the Executive Director – People (Deputy Chief Executive) (copy enclosed).

Minutes:

Cabinet members considered a report from the Executive Director – People, which sought approval to appoint providers who had met or exceeded the minimum standards required to the Open Framework Agreement for the provision of support for individuals with a learning disability and/or autism with additional needs from October 2018 for a period of 3 years, with the option to extend for a further year.

 

Members noted that the Transforming Care Programme and more recently, Building the Right Support, required local authorities and health partners to work in partnership in order to reduce the number of individuals with a learning disability within hospital, avoid admission and develop local support.

 

The Council currently had a range of frameworks, contracts and internal support services in place to meet the needs of people with a learning disability and/or autism.

 

The focus of the new framework was upon outcome based support, with providers expected to both demonstrate innovative solutions to meet individual needs and clearly evidence how individual outcomes had been achieved.  The contract included a range of lots:-

 

   Lot 1: Residential and Nursing Services

   Lot 2: Residential Services

   Lot 3: Supported Living Services

   Lot 4: Day Opportunities

 

The establishment of the Framework would enable the Council to meet the support needs of the increasing numbers of people with a learning disability and/or autism with additional needs in Cumbria.

 

RESOLVED that,

 

(1)       Cabinet approve establishment of the framework and the Open Framework Agreement for the provision of support for individuals with a learning disability and/or autism with additional needs (the “Framework”) from 22nd October 2018. (The Framework is for an initial period of 3 years, with the option to extend for a further period of up to 12 months).;

(2)       delegate all future provider appointments to the Framework (for providers that meet the published tender criteria) to the Executive Director – People.

 

 

43.

2020-2021 School Admissions Arrangements pdf icon PDF 128 KB

To consider a report from the Executive Director – People (Deputy Chief Executive)(copy enclosed).

 

Additional documents:

Minutes:

Members considered a report from the Executive Director – People which set out the proposed admission arrangements for Community and Voluntary Controlled schools, for which the county council was the statutory admission authority. 

 

The paper also sets out the proposed co-ordinated scheme for school admissions in 2020-21, which the Local Authority was required to formulate by 1 January 2019.  Cumbria County Council was required to consult on the scheme at least once every seven years even if there had been no changes to the scheme.

 

The report also sought permission for the publication of statutory notices to implement changes of age range at a number of Community schools, in order to formally add or extend maintained nursery provision in the county.

 

Members noted that a further report would be brought to Cabinet in December 2018 to provide feedback from the consultation and to seek a decision on the adoption of the 2020-21 admission arrangements for Community and Voluntary Controlled schools, the co-ordinated admission scheme 2020-21 and the nursery admissions policy for 2020-21 for community and voluntary controlled nursery schools and infant/primary schools providing nursery education.

 

RESOLVED that, members

 

(1)       approve the amended admissions policy for Community and Voluntary Controlled schools at Appendix A to go out to consultation with the required groups as set out in the School Admissions Code 2014, paragraph 1.44.  This includes consultation on proposals to reduce the Published Admission Number (PAN) for Kirkbampton CE School and Brook Street School; and proposed changes to the oversubscription criteria in relation to children previously in care outside England, children of staff at a school and faith based criteria;

(2)       approve the consultation on the proposed co-ordinated scheme for 2020-21 for Community and Voluntary Controlled schools in Appendix B of the report;

(3)       approve .for consultation with the relevant schools, the proposed definition of relevant areas for admission authorities in Cumbria for the period 2020-21 to 2022-23;

(4)       agree to consult on an increase to the PAN at Thursby Primary School, and on the retention of the existing PAN at all other Community and Voluntary Controlled schools

(5)       approve the publication of statutory notices related to changes to age range at the schools set out in paragraph 52.

 

PART II - ITEMS CONSIDERED NOT IN THE PRESENCE OF THE PUBLIC AND PRESS

44.

EMERGENCY EXEMPTION FROM CONTRACT PROCEDURE RULES

To consider a report from the Chief Legal Officer/Monitoring Officer (copy enclosed).

 

 

Minutes:

Cabinet considered a report from the Chief Legal Officer which set out details of an emergency decision taken by the Executive Director – People in relation to the Council’s Data Centre at Port Road.

 

Paragraph 2.15 of the Contract Procedure Rules required that the use of Negotiated Procedure without Prior Publication on the grounds of extreme urgency were reported to the next Cabinet following the award decision. 

 

The Council had a contract with Agilisys Limited for the provision of Data Centre services, which originated from the ICT managed service contract from 2005. The current contract had a notice period of 90 days for either party to terminate the agreement. 

 

On the 24 July the Council was made aware that the owner of the Data Centre at Port Road was looking to end current arrangements with Agilisys, which could impact on the Council’s ability to continue to use the Data Centre.

 

Members noted that the Council had now negotiated a new contract with Agilisys from 10 August until 31 March 2019.

 

RESOLVED that,     Cabinet note the actions taken and expenditure incurred by the Executive Director People under paragraph 2.15 of the Contract Procedure Rules in relation to the provision of Data Centre services.