Agenda and minutes

A webcast of the meeting can be viewed at https://bit.ly/2NKDhFz

The minutes of the meeting held on 25 June 2019 were taken as read, confirmed and signed.

There were no urgent items for consideration.

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

Mr. R. J. Shepherd CC declared a personal interest in agenda Item 8 (Corporate Asset Investment Fund Annual Performance Report 2018-2019 and Strategy for 2019 - 2023) as a member of Charnwood Borough Council.

Mr. B. L. Pain CC declared a personal interest in agenda item 10 (Mainstream and Special Educational Needs Home to School Transport Policies – Outcome of Judicial Review) as relatives owned a local taxi company.

The Cabinet considered a report of the Independent Chairman of the Leicestershire and Rutland Local Safeguarding Children Board (LRLSCB) which presented the Board’s draft Annual Report for 2018/19.  A copy of the report, marked ‘4’, is filed with these minutes.

Members noted the comments of the Children and Families Overview and Scrutiny Committee, a copy of which is filed with these minutes.

Mr. Ould CC said that the report highlighted a number of key areas of improvement which would need to be addressed as part of the new safeguarding arrangements to be implemented at the end of September 2019.

RESOLVED:

a)    That the comments of the Children and Families Overview and Scrutiny Committee be noted;

b)    That the Leicestershire and Rutland Local Safeguarding Children Board Annual Report for 2018/19 be welcomed and noted.

REASONS FOR DECISION:

The LRLSCB is a statutory body and local authorities have a duty to ensure that the Board is enabled to operate effectively. 

It is a requirement of (the statutory guidance) Working Together 2015 that the LRLSCB Annual Report be reported to the Leader of the Council together with the Chief Executive of the local authority, the Chairman of the Health and Wellbeing Board, and the Police and Crime Commissioner.

In Leicestershire and Rutland the Annual Report has traditionally also been presented to the Cabinet and the Children and Families Overview and Scrutiny Committee.

Presenting the Annual Report enables the Cabinet to comment on the content of the report and consider whether it identifies matters that it wishes to address in relation to the effectiveness of safeguarding within the work of the Authority.

The Cabinet considered a report of the Independent Chair of the Leicestershire and Rutland Local Safeguarding Adult Board (LRSAB) which presented the Board’s draft Annual Report for 2018/19.  A copy of the report, marked ‘5’, is filed with these minutes.

Members noted the comments of the Adults and Communities Overview and Scrutiny Committee, a copy of which is filed with these minutes.

RESOLVED:

a)    That the comments of the Adults and Communities Overview and Scrutiny Committee be noted;

b)    That the Leicestershire and Rutland Local Safeguarding Adult Board Annual Report for 2018/19 be welcomed and noted.

REASONS FOR DECISION:

The LRSAB is a statutory body and local authorities have a duty to ensure that the Board is enabled to operate effectively. 

It is a requirement of the Care Act 2014 that the LRSAB Annual Report be reported to the Leader of the Council together with the Chief Executive of the local authority, the Chairman of the Health and Wellbeing Board, the Police and Crime Commissioner and local Healthwatch.

In Leicestershire and Rutland the Annual Report has traditionally also been presented to the Cabinet and the Adults and Communities Overview and Scrutiny Committee.

Presenting the Annual Report enables the Cabinet to comment on its content and consider whether it identifies matters that it wishes to address in relation to the effectiveness of safeguarding within the work of the Authority.

The Cabinet considered a report of the Director of Environment and Transport which provided an overview of the work to be undertaken by the Council to help it meet the commitments set out in its climate emergency declaration of 15 May 2019. A copy of the report, marked ‘Agenda item 6’, is filed with these minutes.

Mr. Pain CC said that the Council’s climate emergency declaration committed the Council to reduce its carbon emissions quicker than originally planned in order to be carbon neutral by 2030. Whilst progress had already been made significant improvement was still necessary and it would require an authority-wide approach.

Mr. Rhodes CC added that the new approach would see a considerable change in the way in which the Council operated and approval of the initial allocation of £450,000 would fund analysis to understand how current operations would need to evolve in order for the Council’s aspirations to be achieved.

Mrs. Richardson CC said that the risks associated with poor air quality must continue to be closely monitored and noted that a report on the matter would be submitted to a future Cabinet meeting. 

RESOLVED:

a)    That the progress made to date in responding to climate change and the planned actions be noted;

b)    That the proposed process and reporting schedule for the review of the Environment Strategy and the associated Action Plan be noted;

c)    That the Council’s Strategic Plan 2018-2022 and Single Outcome Framework be revised to incorporate the new environment and climate change commitments as part of its wider review;

d)    That £450,000 revenue funding be allocated to facilitate the review of the Environment Strategy and Action Plan and to take immediate action to implement measures such as some of those outlined in the Appendix to the report. 

(KEY DECISION)

REASONS FOR DECISION:

In order to address the climate emergency commitments made by the County Council, it is necessary to update the Authority’s Environment Strategy and ensure that the associated Action Plan will deliver the required activities.

A review of the Council’s Strategic Plan will enable it to reflect the commitments made in the climate emergency declaration.

The allocation of £450,000 will enable the implementation of a number of short-term immediate initiatives and facilitate the assessment work to understand what actions will enable the Council’s commitments to be met. This in turn will enable the updating of the Environment Strategy and the review of the Action Plan. 

The Cabinet considered a report of the Director of Corporate Resources which detailed the overall financial position of the Council and the proposed approach to updating the Medium Term Financial Strategy. A copy of the report, marked ‘7’, is filed with these minutes.

Members noted the comments of the Scrutiny Commission, a copy of which is filed with these minutes.

The Director reported that whilst additional funding recently announced by the Government was welcomed, it was a one-off allocation, and as changes arising from the Fair Funding review had not yet been made the Government would apportion the funding according to the existing formula.

Mr. Rhodes CC said that the one year settlement had been better than expected and whilst it would not see the end of austerity, it would enable the Authority to allocate some additional funding to areas which had been under pressure. 

RESOLVED:

a)    That the comments of the Scrutiny Commission be noted;

b)    That the significant financial challenges faced by the County Council be noted;

c)    That the approach to updating the Medium Term Financial Strategy be noted;

d)    That the updated information regarding Savings under Development, as set out in the Appendix to the report be noted.

(KEY DECISION)

REASONS FOR DECISION:

To inform members of the intended approach to the development of plans to address the latest financial position.

The Cabinet considered a report of the Director of Corporate Resources which detailed the performance of the Corporate Asset Investment Fund (CAIF) to date and sought approval to the revised CAIF strategy for 2019 to 2023 which set out the Council’s approach to future asset investments. A copy of the report, marked ‘8’, is filed with these minutes.

Members noted the comments of the Scrutiny Commission, a copy of which is filed with these minutes.

RESOLVED:

a)    That the comments of the Scrutiny Commission be noted;

b)    That the performance of the Corporate Asset Investment Fund from April 2018 to March 2019 as set out in Appendix A of the report, be noted;

c)    That the revised Corporate Asset Investment Fund Strategy 2019 – 2023 attached as Appendix B to the report, be approved.

REASONS FOR DECISION:

There is a requirement to report annually on the performance of the CAIF to both the Cabinet and the Scrutiny Commission.

A new section has been included in the Corporate Asset Investment Fund Strategy to ensure that future property investments and developments take account of the County Council’s environmental commitments and the objectives set out in the Environment Strategy 2018 – 2030.

The Cabinet considered a report of the Director of Corporate Resources concerning a potential development of a Strategic Development Area (SDA) adjacent to the M69 Junction 2, to the west of Stoney Stanton and Sapcote. The report sought the Cabinet’s approval for an initial approach for the County Council as both a landowner and key infrastructure partner.

Members noted the comments of the local member Mrs. A. Wright. CC and Mr D. C. Bill. MBE CC, copies of which are filed with these minutes.

With the agreement of the Leader, Mrs. Wright CC addressed the Cabinet.

Mrs. Wright said that many of her constituents were already concerned about the proposed National Rail Freight Interchange application in the area, and these concerns had been compounded by the publication of the initial plans for an SDA.

Mrs Wright said that it was recognised that whilst the County Council’s proposals would be subject to Blaby District Council’s Local Plan process and normal local planning procedures would apply, including the necessary consultation, this would take place at a much later date and residents would welcome the opportunity to express their views at an earlier stage. There was particular concerns, for example, regarding areas of separation between villages and loss of green wedges. She suggested that County Council officers engage on a regular formal basis to ensure that the relevant parish, district and county representatives were kept informed.

The Director of Corporate Resources explained that the County Council, along with other land owners in the Blaby District, had responded to a call for sites to help the District Council understand the availability of strategic housing land across the district and shape its revised Local Plan. Plans for a potential development at this particular site were at a very early stage and would be subject to detailed consultation and engagement with residents, parish councils and other stakeholders as proposals emerged.

Mr Rhodes said that the County Council’s involvement would ensure any future development followed a well thought out approach, and in full consultation with the relevant parties. He added that it was up to Blaby District Council to decide whether to include the area in their roll forward of their Local Plan.

RESOLVED:

a)    That the Council’s land situated to the west of Stoney Stanton submitted to the Call for Sites Consultation (identified on the plan appended to the report) be promoted as part of the proposed Strategic Development Area (SDA) for inclusion in the future Blaby District Local Plan;

b)    That the Director of Corporate Resources

                           i.        enter into discussions with other landowners to assess the best way to achieve delivery of the SDA and in particular the land assembly that will be required to support this as set out in paragraphs 30-36 of the report;

                          ii.        in collaboration with the Director of Environment and Transport and the Chief Executive, formulate an approach for the Council to promote and deliver the proposed SDA taking account of the resources this will require and balanced against existing and future planned growth projects and demands on the Council’s resources;

c)    That a further report be submitted to the Cabinet on 22 November 2019 detailing the outcome of the work undertaken in (b) above and recommending a proposed approach to development of the SDA.

(KEY DECISION)

REASONS FOR DECISION:

To further the inclusion of the County Council’s land within the proposed SDA and the inclusion of the SDA within the future Blaby District Local Plan thereby maximising the benefits to the Authority and protecting both its property and the wider interests in the area.

To enable the development  ...  view the full minutes text for item 309.

The Cabinet considered a report of the Director of Environment and Transport which detailed the latest position concerning the implementation of the Council’s Mainstream Home to School Transport Policy and SEN Transport Policy following the outcome of the Judicial Review. A copy of the report, marked ‘Agenda Item 10’, is filed with these minutes.

Following questions from members the Director confirmed that the claimant had made an application to the Court of Appeal regarding the outcome of the Judicial Review, but the Authority did not at this stage know when the appeal would be heard.

Mr. Pain CC welcomed the outcome of the Judicial Review and added that whilst full implementation of the Policy, including the introduction of Personal Transport Budgets, had been delayed until the start of the 2020/21 academic year, some families had already voluntarily moved to the new arrangements which were working well. 

RESOLVED:

a)    That the outcome of the Judicial Review, which dismissed the challenge to the Cabinet’s decision of 9 March 2018 regarding the Post-16 Special Educational Needs Transport Policy on all grounds, be noted;

b)    That the decision of the Director of Environment and Transport in July 2019 to suspend introduction of a default Personal Transport Budget offer for Post-16 SEN students (an element of the new Special Educational Needs Transport Policy) from the start of the 2019/20 academic year be noted;

c)    That the introduction of two elements of the new Policies from the start of the 2019/20 academic year be noted, namely:

                           i.        for SEN Post-16 and nursery students of low-income families (no low-income exemption) - charging at 50% rate (£330),

                          ii.        for Mainstream Post-16 eligible students from low-income or rurally isolated families; traditional transport being replaced by a £150 grant scheme;

d)    That the process for the calculation and payment of Personal Transport Budgets as set out in the Special Educational Needs Transport Policy be reviewed and clarified ahead of the full implementation of the new Policies from the start of the 2020/21 academic year.

(KEY DECISION)

REASONS FOR DECISION:

The Director’s decision to suspend the implementation of default Personal Transport Budgets (PTBs) for Post-16 SEN pupils was taken as the Council was still awaiting the outcome of the Judicial Review.  Had the challenge been upheld there would have been little time before the start of the new term to plan transport, and it was important that students and their families knew what would be available at the start of the 2019/20 academic year.

Two elements of the new Policies were completely unaffected by the Judicial Review and are therefore being introduced as originally planned: the charge of £330 for low income SEN Post-16 and nursery students, and a Mainstream Post-16 grant scheme of £150 for qualifying students.

Whilst fully upholding the Cabinet’s decision, the judge hearing the Judicial Review suggested that the Council’s PTBs payment process should be clarified as it was unclear how they would be calculated. 

The Cabinet considered a report of the Director of Environment and Transport which sought approval to progress the transfer of part of Ashby Canal to the Ashby Canal Association. A copy of the report, marked ‘Agenda item 11’, is filed with these minutes.

Members noted the comments of the local member, Mr. S. Sheahan CC, a copy of which are filed with these minutes.

Mr. Pain CC said that the Environment and Transport Overview and Scrutiny Committee considered a report on the matter earlier in the year and supported the proposals which would enable a section of the Canal to be transferred to the Ashby Canal Association which was better placed to continue its restoration.

RESOLVED:

a)    The Director of Environment and Transport be authorised to apply to the Secretary of State for the Environment, Food and Rural Affairs to transfer the powers granted to the Council under a Transport and Works Act Order 2005 (Statutory Instrument 2005 no. 2786) to the Ashby Canal Association;

b)    That with regard to the section of Ashby Canal between Snarestone and Measham as identified in the Plan appended to this report, the Director of Environment and Transport be authorised

                     i.        subject to consent of the Secretary of State to (a) above, and in consultation with the Director of Law and Governance, to negotiate and agree terms and conditions for the transfer of the ownership of land from the Council to the Ashby Canal Association;

                    ii.        to complete the transfer of the land and the powers under the TWAO from the Council to the Ashby Canal Association;

                   iii.         to allocate funding, if considered appropriate, to provide interim support to the Ashby Canal Association in taking on ownership of this section of the canal.

(KEY DECISION)

REASONS FOR DECISION:

The Council has led on the restoration of the Ashby Canal since 1994 but whilst it remained committed to restoration it was unable to progress this as quickly as stakeholders would like, owing to lack of resources and necessary funding.

The Ashby Canal Association was willing to lead on the restoration of the section of the canal between Snarestone and Measham and, in order to do this, to take on ownership of the land and the obligations and responsibilities under the TWAO (Statutory Instrument 2005 no. 2786) subject to the Secretary of State’s consent which provided the undertaker, currently the Council, powers to construct and maintain the section of canal. 

The land associated with this section of the canal was valued at nil. Its transfer, along with the TWAO powers would give the Ashby Canal Association the lead role in the canal’s restoration and the responsibility for the maintenance.

The Cabinet considered a report of the Chief Executive concerning the implications for the County Council of the introduction by NHS England of Integrated Care Systems. A copy of the report, marked ‘Agenda item 12’, is filed with these minutes.

Mr. Breckon CC said it was vital that the County Council received clarification from the NHS as to what Integrated Care Systems would mean in practice.

RESOLVED:

a)    That the County Council reiterates its recent message to the NHS and other partners, that the County Council:

                               i.        strongly supports the integration of health and care services wherever possible and to the benefit of those receiving care in any setting,

                             ii.        continues to commit significant resources to that end,

                            iii.        in the case of a move to an Integrated Care System (ICS) in Leicester, Leicestershire and Rutland, as required by NHS England, awaits clarification from the NHS as to what this would actually mean in practice before it can indicate its support;

b)    That County Council officers continue to take part in various groups set up by the NHS under the Better Care Together banner;

c)    That in recognition of the County Council’s wish to see clarity, the proposal put forward by officers to define ‘place’ in an Integrated Care System (ICS) as at the level of an upper-tier (social care and public health) authority, with ‘system’ at the level of the local health economy (Leicester, Leicestershire and Rutland) and ‘neighbourhood’ at the level of the new primary care networks, be supported, whilst noting that any arrangements for decision-making at place level in this context have yet to be determined;

d)    That clarity in particular is sought from the NHS in respect of decision-making, statutory responsibilities, accountabilities and performance management in an ICS;

e)    That in respect of a proposed ICS partnership board or group, with an independent chair to be appointed by the NHS, the NHS be asked to explain its value and purpose so that the County Council can take an informed decision on an invitation to join; and

f)     That the Cabinet’s decision be made known to Leicester City and Rutland Councils.

REASONS FOR DECISION:

To provide a clear position for the County Council in response to a national policy mandated by NHS England which has potential consequences for service delivery and accountability.

The Cabinet considered a report of the Chief Executive which sought approval for a revised Leicestershire Minerals and Waste Local Plan 2019- 2031 prior to its submission to the County Council for approval. A copy of the report, marked ‘Agenda Item 13’, is filed with these minutes.

Members noted the comments of the Environment and Transport Overview and Scrutiny Committee, a copy of which is filed with these minutes.

RESOLVED:

a)    That the comments of the Environment and Transport Overview and Scrutiny Committee be noted;

b)    That the key recommendations (main modifications) of the independent examination of the Leicestershire Minerals and Waste Local Plan as summarised in paragraph 13 of the report be noted;

c)    That the County Council at its meeting on 25 September 2019 be recommended to: 

                          i.          Approve the revised Leicestershire Minerals and Waste Local Plan 2019 - 2031;

                         ii.          Authorise the Chief Executive, following consultation with the Cabinet Lead Member, to make any necessary additional modifications that do not materially affect the Plan policies in accordance with Section 23 (3) (b) of the Planning and Compulsory Purchase Act 2004; and

                       iii.          Authorise the Chief Executive to carry out the steps required for adoption of the Minerals and Waste Local Plan up to 2031 in accordance with Regulation 26 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

(KEY DECISION)

REASONS FOR DECISION:

The Planning and Compulsory Act 2004 requires planning authorities to produce and keep up to date local plans. The National Planning Policy Framework sets out the Government’s policy on preparing local plans and emphasises the importance of Development Plans being up to date for determining planning applications.

The Policy falls within the plans and strategies forming part of the Policy Framework and thus requires approval by the County Council.

A delegation to enable the Chief Executive to make amendments to the Policy

will enable minor changes to be made to keep the document up to date and consistent with revised policy and legislation. It will also enable the Authority to comply with regulation 26 of the Town and Country Planning (Local Planning) (England) Regulations 2012 which sets out a number of measures that must be implemented as soon as reasonably practicable after the local planning authority adopts a local plan.

The Cabinet considered a report of the Director of Children and Family Services seeking approval to consult stakeholders on a draft Leicestershire County Council Community Safety Strategy. A copy of the report, marked ‘Agenda Item14’, is filed with these minutes.

RESOLVED:

a)    That the role of the County Council in relation to community safety within two-tier local authority arrangements be noted;

b)    That the draft Community Safety Strategy be approved for consultation with stakeholders;

c)    That a further report be submitted to the Cabinet on 17 December 2019 regarding the outcome of the consultation and submitting a revised draft Community Safety Strategy for approval prior to its submission to the County Council.

KEY DECISION

REASONS FOR DECISION:

The County Council has a statutory responsibility under the Crime and Disorder Act 1998 to work with other named agencies to reduce crime and disorder. In two-tier local authority arrangements, the duty to produce detailed locality-based plans to reduce crime and disorder lies with Community Safety Partnerships (CSPs) at district council level.  A duty is placed on responsible partners to co-ordinate priorities at a county level which in Leicestershire is done through the Leicestershire Safer Communities Strategy Board (LSCSB).  The draft Community Safety Strategy is based on the current approach and priorities introduced and overseen by the LSCSB during 2018. 

The Cabinet considered a report of the Director of Children and Family Services which sought approval to consult on the draft Corporate Parenting Strategy. A copy of the report, marked ‘Agenda item 15’, is filed with these minutes.

Mr. Ould CC said that it was very important that County Councillors fulfilled their role as corporate parents and the draft Strategy clearly set out the requirements and expectations of the County Council and its elected members. 

RESOLVED:

a)    That the draft Corporate Parenting Strategy be approved for consultation with stakeholders;

b)    That a further report be submitted to the Cabinet on 17 December 2019 regarding the feedback from the consultation and submitting a revised draft Corporate Parenting Strategy for approval prior to its submission to the County Council.

KEY DECISION

REASONS FOR DECISION:

The Corporate Parenting Strategy will set out the statutory duties and the corporate parenting responsibilities of the County Council for its children in care and care leavers.

Consultation will ensure that the Strategy has incorporated the voice and views of its children in care and care leavers, ensuring that it is a relevant and holistic strategy. Consultation with relevant partners will support future engagement and application of the Strategy and better outcomes for the children and young people.

The Cabinet considered a joint report of the Director of Law and Governance and Director of Corporate Resources which sought approval for a revised Local Code of Corporate Governance to be presented to the County Council for approval. A copy of the report, marked ‘16’, is filed with these minutes.

RESOLVED:

That the County Council at its meeting on the 25 September 2019 be recommended to:

                    i.          Approve the revised Local Code of Corporate Governance;

                   ii.          Authorise the Director of Law and Governance in consultation with the Director of Corporate Resources and following consultation with the Cabinet Lead Member for finance, to make necessary future revisions to the Local Code of Corporate Governance to ensure that it is up to date and relevant provided that these do not constitute material changes to the Code.

(KEY DECISION)

REASONS FOR DECISION:

A review and revision of the previous Local Code of Corporate Governance was last approved by the County Council on 27 September 2017. It is considered good practice to maintain an up-to date local code of corporate governance.

A delegation to enable the Director of Law and Governance to make amendments to the Code is being sought to enable minor changes to be made to keep the document up to date and consistent with revised legislation.

There were no items referred from Overview and Scrutiny.

The public are likely to be excluded during the following item of business in accordance with Section 100(A) of the Local Government Act 1972:-

·         Approval for Loan Funding for Foster Carers (Connected Carers).

·         Purchase of Property for Proposed Supported  Living Scheme.

RESOLVED:

That under Section 100A of the Local Government Act 1972, the public be excluded for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act specified below and that, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information:-

·         Approval for Loan Funding for Foster Carers (Connected Carers).

(Exempt under paragraphs 1, 2, 3 and 10)

·         Purchase of Property for Proposed Supported Living Scheme.

(Exempt under paragraphs 3 and 10)

Exempt under Paragraphs1, 2, 3 and 10 of Schedule 12A)

The Cabinet considered a report of the Director of Children and Family Services which sought approval for loan funding towards the adaptation of a property owned by foster carers who were employed by the County Council. The report was not for publication by virtue of paragraphs 1,2,3 and 10 of Schedule 12(A) of the Local Government Act 1972.  A copy of the report, marked ‘20’, is filed with these minutes.

RESOLVED:

a)    That a £100,000 loan be made to the foster carers identified in the report for use towards the adaptation of their property or towards the purchase of a larger property in order to care for children as indicated in the report;

b)    That the terms of the loan be agreed by the Director of Children and Family Services following consultation with the Director of Corporate Resources and the Director of Law and Governance.

REASONS FOR DECISION:

The Registered Foster Carers are the connected carers for the children concerned (a connected carer is a relative, friend or other person with a prior connection with the children who are looked after by the local authority).

The loan will enable the family home to be adapted in order to adequately accommodate the fostered children.

(Exempt under Paragraphs 3 and 10 of Schedule 12A)

The Cabinet considered a joint report of the Director of Adults and Communities and Director of Corporate Resources which sought approval to purchase and redevelop a property in Loughborough for use as a supported living facility. The report was not for publication by virtue of paragraphs 3 and 10 of Schedule 12(A) of the Local Government Act 1972.  A copy of the report, marked ‘21’, is filed with these minutes.

RESOLVED:

That subject to due diligence, the purchase of the property identified in the report and its conversion to a supported living scheme be approved.

REASON FOR DECISION:

The purchase and development of the site would accord with the aims set out in the Social Care Accommodation Development Plan and Investment Prospectus (approved by the Cabinet on the 25 June) and the Adult Social Care Strategy, which encourages and supports independence for adults with disabilities.