Agenda and minutes

Cabinet
Thursday, 6th June, 2019 10.00 am

Venue: Cumbria House, Botchergate, Carlisle

Contact: Jackie Currie  Email: jackie.currie@cumbria.gov.uk

Items
No. Item

8.

APOLOGIES FOR ABSENCE

To receive any apologies for absence.

Minutes:

There were no apologies for absence.

 

9.

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.

 

10.

MINUTES pdf icon PDF 116 KB

To receive the minutes of the Cabinet meeting held on 25 April 2019 (copy enclosed)

 

 

Minutes:

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

11.

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 not excluded for any item of business on this occasion.

12.

STATEMENTS BY THE LEADER OF THE COUNCIL AND CABINET MEMBERS

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

Minutes:

The Cabinet Member for Schools and Learning made a statement about the Local Area SEND Inspection.  Members were aware that the report from Ofsted and CQC had been published, and as anticipated the County Council and both Health Trusts had to produce a joint written statement of action.  A meeting had been scheduled for 11 June with officials from the DFE and NHSE to discuss the way forward.

13.

PUBLIC PARTICIPATION

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

 

Minutes:

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

14.

REFERRAL FROM EDEN LOCAL COMMITTEE - HIGHWAYS BUDGETS

14a

REFERRAL FROM EDEN LOCAL COMMITTEE - Request for Cabinet to Lobby Government for Additional Highways Funding pdf icon PDF 151 KB

To consider a report from the Chair of Eden Local Committee (copy enclosed)

 

 

Minutes:

The Leader welcomed the Chair of Eden Local Committee, Mr David Whipp to the meeting.

 

Mr Whipp thanked the Leader for the opportunity to present the report which requested that Cabinet consider working with the leader of the opposition to lobby Government for additional highways revenue funding for Cumbria.

 

Although this report was asking Cabinet to lobby Government for additional funding, whilst presenting the report Mr Whipp reminded members that Eden Local Committee had previously asked Cabinet to consider funding the Appleby Horse Fair Traffic Management Plan from a budget other than Eden Local Committee’s Highways Revenue Budget. This request was refused on the basis that other funds do not readily exist that could be used to support these costs.

 

Mr Whipp asked Cabinet to note that the cost to Eden Local Committee to fund Appleby Fair was equivalent to one full month of highways work, such as repairing potholes.

 

Mr Whipp then referred to the recent announcement from Highways England about the proposed £1 billion upgrade to the A66.  The plan was to broaden 18 miles of the A66 that were, at present, single-lane, in line with the rest of the route which was a dual carriageway.

 

The A66 was currently used by horse drawn vehicles to get to Appleby.  The proposal to dual the whole of the A66 would mean in future the horse drawn vehicles would not be allowed to use the A66 to get to Appleby, which would have a detrimental effect on the alternative routes used.

 

14b

Response to the referral from Eden Local Committee regarding Lobbying Government for additional Highways funding pdf icon PDF 136 KB

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

 

 

Minutes:

Cabinet then considered a report from the Acting Executive Director – Economy and Infrastructure which detailed the response to the request from Eden Local Committee for Cabinet to consider working with the leader of the opposition to lobby Government for additional Highways funding for Cumbria.

 

The Cabinet Member for Highways and Transport said that the service and Lead Members already worked with, and lobbied Government for additional Highways, Infrastructure and innovation funding. This relationship had proved positive with Cumbria being awarded additional funding for a variety of different highways related schemes in recent years, and this lobbying would continue.

 

However, for the purpose of today’s referral he asked Cabinet to support the recommendation.

 

RESOLVED that Cabinet support the recommendation from Eden Local Committee to work with the Leader of the Opposition to lobby Government for additional Highways funding for Cumbria.

15.

2018/19 Revenue and Capital Budget Monitoring Report Provisional Year End Results pdf icon PDF 397 KB

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

 

 

 

Additional documents:

Minutes:

Cabinet considered a report from the Director of Finance (Section 151 Officer) which wasthe final Budget Monitoring Report to Cabinet for 2018/19 and set out the Council’s provisional year end results (provisional outturn).

 

The Cabinet Member for Finance reminded members that the

figures in the report were termed ‘provisional’ as they were subject to external audit by Grant Thornton. The Audit had commenced, and the Council had published its statutory draft Accounts last Friday in accordance with requirements. The Auditor would report to the Audit Committee at their meeting on 26 July.

 

Cabinet was aware of the context in which the 2018/19 budget had been delivered with this being the ninth financial year of significant funding reductions from central government.

 

Against this context, the key message for Cabinet was that the County Council had achieved a break even position. This was in relation to a net budget of £390million and a gross expenditure of around £540million.  Given the demand pressures upon services, in particular, Children Looked After, which had been reported during the year, and by councils elsewhere in the country, this year end position was an achievement.

 

Cabinet asked that their thanks be recorded to all staff, especially those in the Finance Team, who had helped Cumbria County Council deliver a balanced budget this year.  This was a tremendous achievement.

 

Cabinet was aware that the General Fund Balance target was increased from £10m to £15m to reflect the uncertainties of funding in the medium term and demand and cost pressures for services, particularly those of social care to the most vulnerable.

 

General Fund balances would allow the Council to manage financial risk in year, those extraordinary variations or unforeseen events, such as emergencies brought about by flooding.

 

The County Council would have to continue with its clear commitment in the Council Plan to secure financial sustainability in the medium term by continuing to transform services by being enterprising and efficient, continuing with digital transformation, working together with partners and communities, and focusing on prevention and early intervention.

 

The other key message in the report related to the Capital Programme, where Cumbria County Council had delivered a capital programme of £133million.

 

Cabinet was being asked to consider a re-profiling of approximately £13m of Capital expenditure originally planned for this year to future years, and this would then need approval from Council.

 

RESOLVED,       that Cabinet

(1)     Note the Revenue Budget at the provisional outturn for monitoring purposes of £389.814m as a result of the transfers from the Inflation and Contingency budget and agreed transfers from reserves (set out in Appendix 1).

(2)     Note the provisional outturn Revenue Budget year end position of a balanced budget.

(3)     Note progress in delivering the new savings for 2018/19 of £38.829m; a total of £35.587m (91.7%) of these 2018/19 savings were delivered by 31st March 2019.

(4)     Note the General Reserve balance at 31st March 2019 of (£15.056m). This achieves the ambition set by Council in February 2019.

(5)     Approve the addition of £1.880m  ...  view the full minutes text for item 15.

16.

Corporate Performance Monitoring Report – Quarter 4 2018/19 pdf icon PDF 443 KB

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

 

Additional documents:

Minutes:

Cabinet considered a report by the Director of Finance (s151 Officer) which provided a progress update on corporate performance, incorporating progress on the Council Plan Delivery Plan 2018/19 for the three month period from 1 January 2019 to 31 March 2019.

 

The Leader presented the report and Cabinet noted that the overall position by the end of Quarter 4 2018/19 was that 57 of the 81 (70%) Council Plan Delivery Plan actions had delivered, met or were on track to meet the planned milestone, 21 (26%) were in progress and had been part delivered and rated amber.  For the same period 3 actions (4%) had missed a key milestone, did not fully deliver as intended and had therefore been rated red.

 

The Leader drew Cabinet’s attention to Outcome 1 – People in Cumbria are Healthy and Safe, and Cabinet noted the intention to launch the All Age Carers Charter for consultation by the end of March this year, which had not happened.  The Leader asked for this to be progressed, particularly as the policy of supporting more people to remain in their own homes, rather than accessing residential or nursing care, or being admitted to hospital, was placing increasing demands on carers.

 

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 the Council Plan Delivery Plan 2018/19 for the 4th quarter ending 31 March 2019.

17.

Council Plan Delivery Plan 2019 - 2022 pdf icon PDF 159 KB

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

 

 

Additional documents:

Minutes:

Cabinet considered a report from the Director of Finance (Section 151 Officer), which  presented the new draft Council Plan Delivery Plan for 2019 - 2022 for approval. The draft Delivery Plan for 2019/20 detailed actions and measures relating to the outcomes and ways of working as set out in the Council Plan 2018 – 2022.

 

The Council Plan provided the context for fresh approaches and programmes of work for the Council to take forward over the next 3 years and so the Delivery Plan would be a dynamic document as activities emerged and developed as new opportunities and ways of working were explored, tested and implemented.

 

The Delivery Plan was refreshed annually to reflect progress to date, new programmes of work, and ensure that strategic planning was responsive to changes in circumstance and new developments.

 

The Leader drew attention to several aspects within the plan including actions to support youth mental health first aid training in schools, and the development of the Council’s in house care system.

 

Members had concerns about the strength of the messages on the plan around Climate Change and Air Quality, which they felt could be stronger. 

 

The Cabinet Member for Environment reassured Cabinet that the County Council was working on a plan for the management of Air Quality in the county alongside District Council colleagues, and would be looking at introducing a plan for Air Quality initiatives in the near future.

 

The Chief Executive updated Cabinet on discussions which had taken place recently at the Cumbria Chief Executives Group in relation to climate change and air quality. 

 

RESOLVED, that Cabinet approves the draft Council Plan Delivery Plan 2019 - 22 as attached as Appendix 1 to the report.

 

18.

Review of Appointments to Cabinet Working Groups, Other Bodies and on Outside Bodies pdf icon PDF 156 KB

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

 

Additional documents:

Minutes:

Cabinet considered a report from the Executive Director – Corporate, Customer and Community Services, which asked them to consider its appointments to cabinet working groups, other bodies and on outside bodies.

 

In moving the recommendation, the Leader asked Cabinet to note that there had been a change to the proposed membership of two of the bodies detailed in Appendix 1 - Part D.  Mr A Lamb would now represent the Council on the North West Fire and Rescue Forum and the North West Fire Control Ltd.  This was due to changes in the membership of the Shadow Cabinet.

 

RESOLVED that

 

(1)     Cabinet approve the list of outside bodies at Part D of Appendix 1 as the bodies to which a representative will be appointed in 2019/20, and appoint the members to each outside body as set out in Part D of Appendix 1, with the changes highlighted above;

(2)     Cabinet approve the proposed membership as set out in Appendix 1 Parts A – C of cabinet working groups and other bodies;

(3)          the Monitoring Officer be authorised to make changes to Appendix 1 – Part D – cabinet appointments to outside bodies as required in consultation with the Leader of the Council.

19.

Customer Strategy, ICT Plan and Workforce Plan 2018-2022 – Progress Update and Year 2 Delivery Plans pdf icon PDF 150 KB

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

 

Additional documents:

Minutes:

Members had before them a report from the Executive Director – Corporate, Customer and Community Services, which asked them to review progress against the delivery of actions during 2018/19 of the Customer Strategy, ICT Plan and Workforce Plan, and agree the 2019-20 Delivery Plans for each, which would be Year 2 of the 2018-2022 strategies agreed by Cabinet in June 2018.

 

The Cabinet Member for Customers, Transformation and Fire and Rescue said the Council was committed to putting customers at the heart of everything the Council does and this was clearly set out in the Council Plan 2018-2022 to provide a good quality customer experience across a range of service delivery channels.

 

With reducing public service budgets, a need to manage demand, increases in technology and changes in the needs and expectations of communities and individuals, the Council was continually considering customer opportunities to do things differently, and digital transformation and ICT were critical to supporting this.

 

The Cabinet Member said that the target for increased workplace attendance had not been achieved, but this was being closely monitored and managed.

 

RESOLVED, that Cabinet

 

(1)     note progress against the 2018/29 (Year 1) actions and performance indicators of the Customer Strategy, ICT Plan and Workforce Plans;

(2)     agree the 2019/20 (Year 2) Customer Strategy, ICT Plan and Workforce Plan Delivery Plans as key enablers to contribute to the delivery of the Council Plan 2018-22;

(3)     agree that future reporting of progress against the annual Delivery Plans will form part of the Quarter 4 performance monitoring framework reported to Cabinet.

20.

Review of Lake District National Park Local Plan: Pre-Submission (Publication) draft (April 2019) pdf icon PDF 162 KB

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

 

Additional documents:

Minutes:

Cabinet considered a report from the Acting Executive Director – Economy and Infrastructure which sought agreement of the proposed County Council response to the consultation on the Review of the Lake District Local Plan: Pre Submission (Publication) draft. When adopted, this Plan would set out the planning policy in the Lake District from 2020 to 2035.

Cumbria County Council had engaged with the Lake District National Park Authority (LDNPA) on an ongoing basis and the plan had undertaken a positive evolution. Notwithstanding this, as part of this response a number of detailed points had been raised, including:-

·      a requirement for the continued development of infrastructure evidence and

·      a more proactive approach to housing that can meet the changing needs of residents over their lifetime, for example extra care housing and addressing the future adaptability of new residential properties.

The Cabinet Member for Environment asked members to note that consultation had been undertaken with a number of the County Council’s Local Committees and the feedback had been used to underpin the response to the consultation.

RESOLVED, that Cabinet approves the consultation response contained in Appendix 1: Response to “Living Lakes Your Local Plan”; Appendix 2: Response to “Local Plan: Proposed Allocations of Land”; and Appendix 3: Feedback from Members of Local Committees.

21.

New multi-agency arrangements for safeguarding children pdf icon PDF 331 KB

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

 

Minutes:

Members had before them a report from the Executive Director – People which outlined the Cumbria response to the expectations of local areas to establish Multi-Agency Safeguarding Arrangements (MASA) which would replace the Cumbria Local Safeguarding Children Board in line with ‘Working Together to Safeguard Children 2018.’

The partnership would be known as the ‘Cumbria Safeguarding Children Partnership’ (CSCP), and would be coterminous with the Cumbria local authority area, retaining the same footprint as the current Local Safeguarding Children Board (LSCB). The new arrangements placed duties on three statutory partners; the Local Authority, the area Police force, and the area Clinical Commissioning Groups (North Cumbria CCG and Morecambe Bay CCG).

Under the new guidance, two agencies (Local Authorities and Clinical Commissioning Groups) were identified as the child death review partners and must set up child death review arrangements.  These arrangements would continue to be delivered through the Child Death Overview Panel.

Working Together to Safeguard Children (2018) sets out the statutory guidance to which all new safeguarding arrangements must adhere.  Chief Officers/Executives of the new statutory partners (or their nominees) have reviewed these proposals and made the proposal to establish new arrangements and ensure compliance with the responsibilities.

The Cabinet Member for Children’s Services was disappointed that under the new arrangements the LSCB would cease to exist, especially when Cumbria was developing its new arrangements mindful of the fact that the LSCB arrangements were found to be functioning well by the recent LGA Peer Review.  The review identified stable, committed and knowledgeable leadership across the partnership, and an effective, well organised structure to deliver the current LSCB arrangements with good engagement of partners at board and sub group levels. 

 

The Leader asked what the problem was with the current arrangements for safeguarding children.

 

The Executive Director said there were 2 main areas which the new arrangements were seeking to resolve; firstly, the opportunity for smaller local authorities to work across boundaries, and secondly, under new guidance the Local Authorities and Clinical Commissioning Groups are to take a national view as to the commissioning arrangements for Serious Case Reviews.

 

RESOLVED, that Cabinetendorse the new safeguarding partnership arrangements for children and young people in Cumbria.

22.

Award of Integrated Sexual Health Services Contract pdf icon PDF 338 KB

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

 

 

Minutes:

Cabinet considered a report from the Executive Director – People which sought approval to award a contract for the provision of Integrated Sexual Health Services for a period of four years from October 2019 with the option to extend for a period of up to 12 months.

 

Integrated Sexual Health Services have been provided since October 2015 by Cumbria Partnership Foundation NHS Trust (CPFT) under a three year contract. This was extended for 12 months from October 2018. No further extensions were available beyond 30 September 2019.

 

In the 2015 tendering process, only one bid was received, from the incumbent provider Cumbria Partnership NHS Foundation Trust. Although there were concerns regarding the bid, largely due to the lack of a permanent consultant in Genitourinary Medicine.

 

Since 2016, a permanent Consultant had been in position and had worked closely with Council commissioners to remodel the service.  The service was now meeting Key Performance Indicators and had been successful in developing a number of innovative local projects whilst also securing involvement in a number of national research and development opportunities.

 

Awarding the contract would enable Cumbria County Council and CPFT to build upon the service redesign undertaken since 2015.  This aimed to ensure provision of a high quality integrated sexual health system for the population of Cumbria which was cost effective, clinically safe, built capacity within partner organisations and maintained stability within the local health care system

 

RESOLVED, that Cabinet approves the appointment of the successful tenderer, Cumbria Partnership NHS Foundation Trust to provide Integrated Sexual Health Services from October 2019 for four years with the option to extend for a further period of up to 12 months.

 

23.

Award of Contract - Extra Care Housing Care and Support Framework pdf icon PDF 165 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 Extra Care Housing Care and Support Framework from August 2019.

 

Both the Commissioning Strategy and Extra Care Housing and Supported Living Strategy 2016-2025 recognise the importance of developing new Extra Care services to meet the future demands of Cumbria’s population. It was envisaged that a number of new Extra Care Housing developments would be required each year until at least 2025 to meet the expected growth in demand for this type of service.

The current provision and contracting arrangements for the care and support framework had been in place since November 2015 and the way in which it was established meant that the number of potential Care and Support providers was limited and no new providers were able to enter the Extra Care support market.

The Framework was for an initial period of 4 years, with the option to extend for two further periods of up to 12 months.

The Framework was an “Open” Framework, which was open to new admissions throughout the duration of the term, and any new organisations wishing to submit a bid could do so at any time, following evaluation.  Future applications could also be accepted from bidders who were unsuccessful during the initial procurement exercise.

In order to expedite the appointment of future providers onto the Framework, Cabinet was recommended to delegate all future provider appointments to the Framework (for providers that meet the published tender criteria) to the Executive Director – People.       

RESOLVED       that,

 

(1) Cabinet approve establishment of the framework and the appointment of the providers referenced in Appendix 1 of this report to the Extra Care Housing Care and Support Framework (the “New Framework”) from 01 August 2019. The Framework is for an initial period of 4 years, with the option to extend for two further periods of up to 12 months;

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