Agenda and minutes

(Annual Meeting), County Council - Wednesday, 17 May 2023 2.00 pm

Venue: Council Chamber

Contact: Rosemary Whitelaw - Tel: 0116 305 2583  Email: rosemary.whitelaw@leics.gov.uk

Items
No. Item

Order Paper and Webcast. pdf icon PDF 336 KB

A webcast of the meeting can be viewed at Committee meetings at Leicestershire County Council - YouTube.

1.

Election of Chairman.

Minutes:

It was moved by Mr Rushton, seconded by Mr Mullaney and carried:

 

“That Dr Kevin Feltham be elected Chairman for the period until the next Annual Meeting of the Council.”

 

Dr Feltham read out and signed his Declaration of Acceptance of Office which was witnessed and signed by the Chief Executive.

 

2.

Election of Vice Chairman.

Minutes:

It was moved by Mr Rushton, seconded by Mr Mullaney and carried:-

  

“That Mr Joe Orson be elected Vice-Chairman for the period until the next Annual Meeting of the Council.”

 

Mr Orson read out and signed his Declaration of Acceptance of Office which was witnessed and signed by the Chief Executive.

 

Mr Orson thanked his proposer and seconder for their generous remarks and members of the Council for appointing him as Vice-Chairman.

 

3.

Chairman's Announcements.

Minutes:

Deaths of Past Chairmen and Former County Councillors

 

The Chairman reported with great sadness the deaths of three former County Councillors and past Chairmen, Mrs Jackie Dickinson, Mr Roger Wilson and Mr Jim Roberts, and of former County Councillor Mrs Anne Crumbie MBE.

 

Mrs Dickinson was a member of the County Council from 2005 to 2017 and represented the Enderby Meridian Electoral Division. 

 

She served as Chairman of the Council for the municipal year 2011 to 2012 and was a Cabinet Support Member in 2013.  She was Deputy Chairman of the Children and Young People’s Service Overview and Scrutiny Committee for a number of years, followed by being a group spokesperson on the Health Overview and Scrutiny Committee.  She was also a member of the Scrutiny Commission and Development Control and Regulatory Board.

 

Mr Wilson was a member of the County Council from 1993 to 2013.  He represented the Birstall Electoral Division.

 

Mr Wilson was Deputy Leader of the Council from 1999 to 2001 and was an original member of the Cabinet, with the portfolio of ‘Promoting Better Government for Leicestershire’.  After this he mainly served on a number of different overview and scrutiny committees, the Standards Committee, Corporate Governance Committee and Employment Committee.  He was Chairman of the Council for the municipal year 2009 to 2010. 

 

Mr Wilson was made an Honorary Alderman of the County of Leicestershire in 2013.

 

Mr Roberts was a member of the County Council from 1981 to 1997, representing the Belgrave and Stoneygate Electoral Division in Leicester City.  He mainly served on the Social Services Committee, Policy and Resources Committee and the Arts, Libraries and Museums Committee. He served as Chairman of the Council for the municipal year 1996 to 1997. 

 

Mrs Crumbie MBE was a member of the County Council from 1985 to 1997.  She represented the West Knighton Electoral Division in Leicester City.  She mainly served on the Social Services Committee and its subcommittees.  She received an MBE for her services to the Red Cross.

 

Members joined the Chairman standing in silent tribute to the memory of Mrs Dickinson, Mr Wilson, Mr Roberts and Mrs Crumbie.

 

Chris Tambini

 

Chris Tambini would be leaving the County Council at the end of the month after more than 20 years, with the last five years as Director of Corporate Resources.  He had previously worked in a London Borough, a City Unitary and for PricewaterhouseCoopers.

 

Chris had led and overseen significant changes during his time with the Council and made a major contribution to modernising and transforming the shape of the Council.  He led on a number of successful major change programmes such as the creation of the Investing in Leicestershire Programme and the launch of the Social Care Investment Programme. He also ably led the Corporate Resources Department, reshaping key support services, and made a significant corporate contribution to the leadership and reputation of the Council.

 

Being with the Council through the austerity years and Covid pandemic Chris had always ensured that robust financial management arrangements had been in place, and that the Council maintained a focus on medium term financial planning.  This placed the Council in a far more secure position than would otherwise have been the case. This was recognised by IMPOWER when they rated the Council the most productive in England for three consecutive years.

 

In 2022, Chris was President of the Society of County Treasurers, which alongside his involvement in various Government working parties including Fair Funding and Special Education Needs reform provided him with national platforms to discuss key public sector issues and promote the Council’s interests. Most notable had  ...  view the full minutes text for item 3.

4.

Minutes. pdf icon PDF 353 KB

Additional documents:

Minutes:

It was moved by the Chairman, seconded by the Vice-Chairman and carried:

 

“That the minutes of the meeting of the Council held on 22nd February 2023, copies of which have been circulated to members, be taken as read, confirmed and signed.”

 

5.

Declarations of Interest.

Minutes:

The Chairman invited members who wished to do so to make declarations of interest in respect of items on the agenda for the meeting.

 

Mr Phillimore CC declared a non-registrable interest in the Notice of Motion on Special Educational Needs and Disabilities (SEND) due to his wife’s employment (minute 10(a) refers).

 

6.

Questions asked under Standing Order 7(1)(2) and (5). pdf icon PDF 140 KB

Minutes:

Mr Hunt asked the following question of the Leader or his nominee:

 

“1.    Many people in the north of the county are concerned that a new settlement of approximately 4,700 homes could be without adequate infrastructure or services, thereby impacting significantly on the north of the county.  What reassurance can the Leader offer in response to such concerns and what is the relevant planning process?

 

2.          Is there an adequate local transport strategy to service the East Midlands Freeport and what consideration do such plans have on our decarbonisation commitments?

 

3.          Given that the Passenger Transport Strategy has not been updated and bus services including one Skylink service are threatened, has the authority got a plan for delivering a comprehensive public transport system between the centres of population and employment and the East Midlands Parkway.

 

4.          Can the Leader confirm that the closure and decommissioning of Ratcliffe Power Station is still on track for 2024?

 

5.          Are details of the Freeport secure boundary published and if so where are they accessible.

 

6.          Given that concerns are already breaking out about development regulations within the Outer 45km boundary, could the Leader provide an early report on how planning permits will be determined in conjunction with the Freeport?

 

7.          Is there any evidence that industrial or commercial plans in the county are being held back pending possible transfers into the area of the Freeport offering tax and regulation concessions?”

 

Mr Breckon replied as follows:

 

“1.    This site currently has no planning status; it is being promoted through the ongoing review of the North West Leicestershire Local Plan.  It is for the District Council to determine if the site is potentially suitable as a housing site when it publishes its Regulation 18 Preferred Options Plan later this year.

 

The timescale for completing the review is unclear as the District Council is currently reviewing its Local Development Scheme to take into account, amongst other things, the need to get a better understanding of the implications of the Freeport proposals in respect of infrastructure and other local impacts. This work is ongoing.

 

        The site has been assessed as part of the Strategic Housing and Employment Land Availability Assessment undertaken by the District Council which concluded it was one of a number of potentially available and potentially deliverable sites.

 

        The County Council will continue to work with North West Leicestershire District Council to identify the infrastructure requirements arising from the local plan review.

 

2.     I am aware that the Freeport is in the early stages of discussing joint work with Midlands Connect and the relevant highway authorities to understand the transport impacts of the proposals and ensure connectivity is maximised by all modes of transport. This work will need to fully consider national and local net zero targets.

 

3.     The County Council will work with the Applicants of the Freeport tax sites through the planning process as the applications for each site comes forward to secure appropriate passenger transport provision.

 

4.     Publicly available information in relation to the future of the Power Station refers to decommissioning at various dates. Disclosure of any other information is a matter for Uniper, the owner of the site.

 

5.     The designation of East Midlands Freeport Tax Sites was made by Statutory Instrument made on 1st March:

https://www.legislation.gov.uk/uksi/2022/184/made

 

The Statutory Instrument refers to maps showing the designated tax sites: 

https://www.gov.uk/government/publications/maps-of-east-midlands-freeport-tax-sites

 

6.     Appended for Mr Hunt’s information is the relevant section from the Government’s Freeport’s Bidding Prospectus (November 2020). Much of the proposed changes to planning law and guidance is yet to be enacted. A Local Development Order (LDO)[1] is  ...  view the full minutes text for item 6.

7.

Position statements under Standing Order 8. pdf icon PDF 97 KB

Additional documents:

Minutes:

The Leader gave a position statement on the following matters:

 

·       Ukrainian Refugees and Asylum Seekers;

·       Meeting with Chancellor and F20 Update;

·       Devolution Update;

·       Coronation of King Charles III;

·       Additional Pothole Funding.

 

The Lead Member for Children and Family Services delivered a position statement on becoming an Anti-Racist Organisation on behalf of the Lead Member for Community and Staff Relations.

 

A copy of the position statements is filed with these minutes.

 

8.

Reports of the Cabinet.

8a

Youth Justice Plan 2023 - 26. pdf icon PDF 150 KB

Additional documents:

Minutes:

It was moved by Mrs Taylor, seconded by Mrs Richardson, and carried unanimously:

 

“That the Youth Justice Strategic Plan 2023 – 2026 be approved.”

 

8b

Dates of Council Meetings. pdf icon PDF 66 KB

Minutes:

It was moved by Mr Shepherd, seconded by Mr Rushton and carried unanimously:

 

“That Council meetings in 2023/24 and 2024/25 be held on the

following dates:

 

       Wednesday 5 July 2023

       Wednesday 27 September 2023

       Wednesday 6 December 2023

       Wednesday 21 February 2024 (to consider the budget)

       Wednesday 15 May 2024 (Annual Meeting)

       Wednesday 3 July 2024

       Wednesday 25 September 2024

       Wednesday 4 December 2024

       Wednesday 19 February 2025 (to consider the budget)

       Wednesday 14 May 2025 (Annual Meeting).)”

 

9.

Appointments in accordance with items 11 and 12 of Standing Order 4:

9a

To appoint the Leader (and to note the members which the Leader proposes to appoint to the Cabinet); pdf icon PDF 54 KB

Minutes:

It was moved by Mrs Taylor, seconded by Mr Shepherd and carried:

 

“That Mr N J Rushton be appointed Leader of the Council for the period until the next Annual Meeting of the Council.”

 

It was moved by Mr Rushton, seconded by Mr Shepherd and carried:

 

“That it be noted that the Leader proposes to appoint the members named on List ‘1’ attached to the Order Paper as members of the Cabinet.”

 

A copy of List 1 is filed with these minutes.

 

9b

To appoint such Cabinet Support Members as the Council considers appropriate;

Minutes:

It was moved by Mr Rushton, seconded by Mr Shepherd and carried:

 

“That the following members be appointed as Cabinet Support Members until the next Annual Meeting of the County Council, as provided for in Article 7 of the Council’s Constitution:

 

Mr R. Ashman CC

Mr T. Parton CC

Mrs M. Wright CC”

 

37 members voted for the motion; 8 voted against.

 

9c

To appoint members of the Scrutiny Commission, Boards and Committees. pdf icon PDF 148 KB

Additional documents:

Minutes:

It was moved by Mr Shepherd, seconded by Mr Bray and carried:

 

Membership

 

“That the membership of the Scrutiny Commission, Boards and Committees as set out in List ‘2’ and the Chairmen Elect and Spokespersons named in List ‘3’ attached to the Order Paper be approved.”

 

Substitutes

 

“That the Chief Executive be authorised to make and terminate appointments to the Commission, committees, boards and other County Council bodies (not including the Cabinet) in accordance with the wishes of the Political Groups to whom the seat in question has been allocated, subject in the case of those bodies set out in List ‘2’ to the Group giving one day’s notice to the Chief Executive of its wishes.”

 

A copy of List ‘2’ and List ‘3’ is filed with these minutes.

 

10.

Notice of motion:

10a

Special Educational Needs and Disabilities (SEND).

(a)  Leicestershire County Council acknowledges that an increasing number of pupils are requiring a place within a special educational needs or disabilities (SEND) setting or with support in mainstream education.

 

(b)  The Council acknowledges the financial challenge, which is adversely affecting the delivery of SEND education and transport at the present time and notes that:

 

(i)    Demand for SEND in Leicestershire is higher than most other comparison authority areas;

 

(ii)   Leicestershire’s geography, the location of existing SEND places, and reliance on independent sector providers contribute to the constant budget pressures in SEND provision despite significant capital investment delivering c600 new places;

 

(iii) The limited funding historically for mainstream education placed additional pressure on the SEND budget, with many Leicestershire primary and secondary schools being on the funding floor;

 

(iv) The law stipulates that processing Education, Health & Care Plans (EHCP) for a SEND pupil should last no more than 20 weeks. This target is often not met, which creates additional pressure and stress for SEND pupils, their parents, and carers;

 

(v)  Some Leicestershire households with SEND pupils are not receiving the level of support that we aspire to deliver;

 

(vi) The Council has been working with Newton Europe – an operational improvement consultant - to develop a plan to manage the financial challenge of the increased demand for SEND in Leicestershire.

 

(c)  This Council remains concerned that:

 

(i)    Leicestershire places high numbers of SEND children in the independent sector and is unable to provide enough places within local authority provision;

 

(ii)   Managing costs within the current level of grant funding is not possible given the current levels of demand and deficits on the SEND budget will grow in the current MTFS;

 

(iii) The wider picture is concerning. SEND budget deficits across English local authorities now exceed £3 billion.

 

(d)  The Council, therefore, resolves to:

 

(i)    Write to the Prime Minister and Chancellor of the Exchequer to highlight the urgent need to review SEND funding, both in terms of the provision of additional school places and the funding allocation per student;

 

(ii)   Request emergency funding to support the processing of SEND applications to meet the 20-week target.

 

Minutes:

Mr Hunt sought and obtained the consent of the Council to move an altered motion.

 

It was moved by Mr Hunt, seconded by Mrs Taylor and carried unanimously:

 

“(a)   Leicestershire County Council acknowledges that an increasing number of pupils are requiring a place within a special educational needs or disabilities (SEND) setting or with support in mainstream education.

 

(b)       The Council acknowledges the financial challenge, which is adversely affecting the delivery of SEND education and transport at the present time and notes that:

 

(i)         Demand for SEND in Leicestershire is higher than most other comparison authority areas;

 

(ii)        Leicestershire’s geography, the location of existing SEND places, and reliance on independent sector providers contribute to the constant budget pressures in SEND provision despite significant capital investment delivering c600 new places;

 

(iii)      The limited funding historically for mainstream education placed additional pressure on the SEND budget, with many Leicestershire primary and secondary schools being on the funding floor;

 

(iv)      The law stipulates that processing Education, Health & Care Plans (EHCP) for a SEND pupil should last no more than 20 weeks. This target is often not met, which creates additional pressure and stress for SEND pupils, their parents, and carers;

 

(v)       Some Leicestershire households with SEND pupils are not receiving the level of support that we aspire to deliver;

 

(vi)      The Council has been working with Newton Europe – an operational improvement consultant - to develop a plan to manage the financial challenge of the increased demand for SEND in Leicestershire.

 

(c)        This Council remains concerned that:

 

(i)         Leicestershire places high numbers of SEND children in the independent sector due to the current lack of sufficient local provision for children with SEN in Leicestershire.”

 

(ii)        Managing costs within the current level of grant funding is not possible given the current levels of demand and deficits on the SEND budget will grow in the current MTFS;

 

(iii)      The wider picture is concerning. SEND budget deficits across English local authorities now exceed £3 billion.

 

(d)       The Council, therefore, resolves to:

 

(i)    Write to the Prime Minister and Chancellor of the Exchequer to highlight the need to ensure that SEND funding levels fully cover the costs of the current legislative requirements as set out in the SEND Code of Practice;

 

(ii)   Ensure a continued focus on the recruitment and retention of skilled and experienced staff to undertake Education, Health and Care Plan (EHCP) assessments in the required timeframe.”