Agenda item

Questions asked under Standing Order 7(1)(2) and (5).

Minutes:

(A)     Dr Eynon asked the following question of the Leader or his nominee:-

 

"1.      How much did the failure of the TLC Help to Live at Home contract cost this Council in staff overtime and time off in lieu?

 

2.       What lessons has this Authority learned from this experience regarding its contracting and commissioning processes?"

 

Mr Houseman replied as follows:-

 

“1.      The Council will be calculating the cost to it in officer time in managing the failure of TLC to deliver care.  As the Council is currently in legal dispute with TLC, information about such costs is considered commercially sensitive and cannot therefore be disclosed at this time.

 

2.       Similarly, the Council will conduct a “lessons learned” exercise following resolution of the current ongoing dispute with TLC.”

 

Dr Eynon asked the following supplementary question:-

 

“I understand the issues in the answer but I’m aware learning lessons from significant events ideally take place whilst matters are still fresh in people’s minds and I would like the Lead Member to assure this Council that timely review exercises are in fact taking place and that the learning from these will be available for Scrutiny and dissemination as soon as the legal dispute referred to is resolved.”

 

Mr Houseman replied as follows:-

 

“Thank you very much for the question Dr Eynon.  I agree with the points you are making.  Of course the matter hasn’t been resolved yet that we were referring to in the reply but we did hold a Help to Live at Home Learning and Recognition event at Beaumanor Hall on the 20th January 2017.  I took the opportunity to thank the staff for the work that they had done before, during and after Christmas because of the problems with Help to Live at Home, which are in some cases still ongoing, and there will be a report from that event as to what the staff themselves thought.  I found it very useful, I got a far better understanding of the problems from their view point and we would be very pleased to share that information with you in due course.”

 

(B)     Dr Eynon asked the following question of the Leader or his nominee:-

 

"As this Council implements it Workplace Wellbeing strategy with the aim to reducing absenteeism, how much investment has gone into procuring external sickness-absence management solutions for the next financial year?"

 

Mr Rhodes replied as follows:-

 

“As reported to Employment Committee, the Council is contracting with an external company who will from April 2017 provide an absence triage service.

 

The pilot is based on just over 1430 people, and a monthly charge per person of £3.10, the contract value is approximately £53,000.

 

Based on experience, the company is confident that sickness levels in the pilot areas will reduce, and the predicted savings for year 2 are in excess of the cost”.

 

Dr Eynon asked the following supplementary question:-

 

“I would like to ask how will the effectiveness of this investment be evaluated beyond that mentioned.  Will this include measures of staff morale, productivity and turnover?”

 

Mr Rhodes replied as follows:-

 

“I think I’ve got to look into that in a little bit more detail.  We’ve made the contract with this company and they will find what they find and we will look into everything that we need to in order to bring about a situation where we start to reduce the level of absenteeism.”

 

(C)     Mr Hunt asked the following question of the Leader or his nominee:-

 

“Would the Leader tell Council: 

 

1.       For each financial year since 2011/12:-

 

(a)      What funds have been applied to meet demands for road safety projects (e.g. to address speeding, increase safety for pedestrians and cyclists, or reduce risk of collisions) on the county's road network, excluding safety provisions within capital road projects?

 

(b)      How many dedicated road safety projects were these funds applied to?

 

(c)      How many road safety project assessments were made and how many resulted in action being taken?

 

2.       When did the Road Safety Partnership become active in determining which projects went forward and which did not?”

 

Mr Osborne replied as follows:-

 

“1(a)   The majority of physical road safety engineering schemes are funded as capital road projects within the Council’s capital programme.  The investment in these schemes totals in excess of £20 million over the past 5 years.  In addition, the Council has been successful in securing in excess of £5m Local Sustainable Transport Fund which also encourages safe walking and cycling throughout Leicestershire.

 

Revenue funding for road safety projects is limited to minor traffic engineering schemes (such as changes to speed limits, signing or lining schemes), road safety education, community speed watch and school crossing patrols.

 

£4,465,046 has been spent on revenue funded road safety activity between 2011/12 and 2015/16 as detailed below:

 

2011/12

2012/13

2013/14

2014/15

2015/16

Road Safety Education, covering more than 20 projects each year including Bikeability cyclist training, pedestrian training, pre-driver days, motorcyclist safety and the older driver programme SAGE.

175,000

148,000

   176,000

158,000

136,000

Community Speed Watch, typically 30 schemes run each year helping communities to tackle speeding concerns.

  47,319

  52,894

     53,906

 52,000

  38,000

School Crossing Patrol Service, over 100 sites helping thousands of children and parents on the school journey each day.

351,000

345,000

   370,000

355,000

311,000

Minor Traffic Management Programme - Traffic management budget. Average 25 schemes per year

259,000

335,000

   500,927

336,000

265,000

Total

832,319

880,894

1,100,833

901,000

750,000

 

1(b)    On average these funds were applied on the following per year:

·       Road Safety projects: 25 per annum

·       Road safety Education projects: 20 per annum

·       Community Speed Watch: 30 per annum

·       School Crossing patrols: Over 100 sites

 

1(c)    During the period 2011/12 to 2015/16, 176 road safety investigations were undertaken resulting in a total of 52 projects being taken forward into capital programmes.

 

Year

Road safety assessments

Schemes that have resulted from those investigations

2011/12

47

14

2012/13

34

12

2013/14

35

13

2014/15

37

8

2015/16

23

5

Total

176

52

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.       The Leicester, Leicestershire and Rutland Road Safety Partnership is not active in determining which projects are taken forward by the County Council.  The Partnership operates and maintains Safety Cameras throughout Leicester, Leicestershire and Rutland area and reinvests any surpluses from the associated driver education workshops in road safety activity across the LLR partnership area.”

 

(D)     Mr Galton asked the following question of the Leader or his nominee:-

 

“The Leader will no doubt be aware of the recent appalling case of a horse being dumped on the roadside near Skeffington and left to die in freezing conditions. Sadly this is not the first time a horse has been dumped either dead or alive in my Division and other members may be aware of similar callous acts in their areas.

 

Could the Leader please clarify:

 

1.       The County Council’s responsibilities with regard to dead or abandoned horses found on:

 

·       the public highway?

·       private land?

 

2.       Could the Leader also advise on the duties and responsibilities of other agencies such as district councils, Defra etc. in relation to dealing with such incidents?”

 

Mr Osborne replied as follows:-

 

“1.      The County Council has powers under the Control of Horses Act 2015 to seize and remove horses on the public highway.  We would usually try to identify the owner and encourage them to remove the animal in the first instance as using our formal powers is likely to lead to the seizure and disposal of the animal and the recovery of all costs from the individual.

 

In terms of dead horses or other animals on the highway, the County Council’s responsibility is to ensure that the location is made safe whilst the removal of the animal is arranged by the relevant District Council under their statutory duties.

 

On private land the Animal By-Products (Enforcement) (England) Regulations 2013 regulate the disposal of animal by-products.  A person who fails to dispose of a dead horse without undue delay and by an approved method commits an offence.

 

The County Council’s Trading Standards Service is the appropriate enforcement authority.  However, an investigation often fails to identify the perpetrator and the landowner, in some cases the local authority, will inevitably incur the cost of an appropriate disposal.

 

2.       The Horse Passport Regulations 2009 require a foal to be microchipped before it is six months old.  This is done through a passport issuing organisation (PIO).  There are around 80 PIOs, but no central register, making it extremely difficult for an enforcement agency to identify current registered owner details.  The accuracy of the system relies on details being kept up to date as a horse changes ownership.  The County Council does not bear a statutory responsibility to carry out spot checks to ensure horses are microchipped.  It is often the case that a dead horse found in these circumstances will have no identifying microchip.  Whilst these regulations fall within the trading standards remit, new EU regulations aimed at revising horse identification controls were introduced recently, rendering the existing regulations unenforceable.  Parliament has yet to introduce domestic legislation to implement the new EU regulations.

 

The County Council’s Trading Standards Service Animal Health Team investigate and when appropriate, institute proceedings for breaches of animal welfare legislation, but this enforcement role is primarily concerned with farmed animals within the food chain.  However, when officers are made aware of non-farm welfare issues, matters will be referred to Leicestershire Police, RSPCA, and World Horse Welfare as appropriate.” 

 

(E)      Mr Sheahan asked the following question of the Leader or his nominee:-

 

“Is the Leader aware of the frustration and annoyance felt by local residents in my division and in many other divisions at the inadequate enforcement of weight restrictions on local roads, due to a lack of police resources?

 

Is he also aware of the LGA call for councils to be given the ability to enforce weight restrictions where there are hotspots of abuse in communities by issuing fines, and will he commit the County Council to back this call and urge the Government to enact the necessary secondary legislation to bring the relevant powers contained in the Traffic Management Act 2004 (part 6) into force in England?”

 

Mr Osborne replied as follows:-

 

“I am aware of the concerns regarding enforcement of weight restrictions in many other divisions across the County.  I share the frustration that as a Council whilst we may be able to make many restrictions to benefit our residents we are unable to enforce them.

 

I am aware and fully support the LGA’s call for the Government to enact fully the powers contained in the Traffic Management Act 2004 (part 6) so that Councils have the necessary powers to take enforcement action where necessary.

 

I also fully endorse the LGA in its drive to ensure lorry drivers use commercial Sat Navs.  Commercial Sat Navs include weight restrictions, low bridge heights, width restrictions and roads unsuitable for HGV traffic and will route the HGV traffic on the most appropriate road.  This would help alleviate the level of infringement of restrictions on the road network currently being experienced not only in Leicestershire but across the country.”

 

(F)      Mr Sheahan asked the following question of the Leader or his nominee:-

 

“From April 2017, employers with a payroll in excess of £3million will be affected by the national Apprenticeship Levy which will amount to 0.5% of the total payroll.

 

(a)      Is the Leader aware that for Community and Voluntary Controlled Schools, where the County Council is the employer, the payroll costs are aggregated and therefore these schools will be affected, whereas Voluntary Aided Schools, Stand Alone Academies and smaller Multi Academy Trusts (MATs) would be exempt as their payroll is likely to be below the £3m threshold and that this will result in them being treated differently compared to other schools?

 

(b)      Could the Leader please advise me as to what measures the County Council could take to ensure that our Community and Voluntary Controlled Schools are not unfairly disadvantaged?”

 

Mr Rhodes replied as follows:-

 

“I am aware of the forthcoming Apprenticeship Levy.  Officers have been working on what it means for the Council and for schools, and looking at opportunities to increase the number of Apprenticeships across a range of vocations and professional areas.

 

(a)      In summary, the position related to schools and academies, who have received a briefing note on the arrangements, is as follows:

 

Community schools (including voluntary controlled schools) - local authorities will typically be responsible for paying the levy in community schools they maintain, where the local authority employs the staff.  We expect the cost of the levy to be passed on to schools.  Where the local authority is the employer, schools will have access to funding for apprenticeship training.

 

Foundation and voluntary aided schools - typically employ their own staff so they will be responsible for paying the levy.

 

Standalone academies - The Trusts of standalone academies will typically be responsible for paying the levy where they are the employer.  Academies that are part of multi-academy trusts - generally employ the staff in their academies, and will be responsible for paying the levy.

 

In relation to small employers, including small academies and multi academy trusts, the government will pay 90% of the cost of apprenticeship training and assessment for employers that have a pay bill of less than £3m and who have used all the funds in their digital account.  The employer will be required to pay the remaining 10%.

 

(b)      To ensure that that Community and Voluntary Aided schools are not disadvantaged following the implementation of the Levy and their financial contribution to it, they will be able to access funding from the levy where they identify feasible apprenticeship opportunities. 

 

The County Council is currently a provider of apprenticeships to some of our Community and Voluntary Aided schools with the cost incurred, coming from the school’s budget.  Following the levy, the funding will come from the County Council’s Levy account.

 

Officers will be running briefings for maintained schools in March to identify where apprenticeships can add value to them and to discuss the increased vocational range of apprenticeships which will be available to them.  These include new apprenticeships for both teaching assistants and teachers.

 

The Government wants local authorities and schools to work together, using the levy to meet skills gaps and plan future workforce needs, this is an approach that the Council is committed to, following the implementation of the levy.” 

 

(G)     Mr Charlesworth asked the following question of the Leader or his nominee:-

 

“I have been informed a Blaby District service user who states that carers were brought in from as far as Southampton and Warwick to deal with the problems experienced at the launch of the Help to Live at Home (HTLAH) Scheme. Can the Leader:-

 

1.   Provide a full list of those providers who were commissioned by Help to Live at Home to meet the needs of service users and who experienced difficulties in delivering to the service they were contracted for?

 

2.   Confirm whether it’s true that carers have had to be drafted in from all over the UK to care for service users in Leicestershire as a result of this?

 

3.   Reveal how much Leicestershire County Council had to pay in travel and accommodation costs for these carers?”

 

Mr Houseman replied as follows:-

 

“1.      The appointed providers were identified on the map showing the lots covered by each provider, which was issued along with the HTLAH stakeholder bulletins circulated to all members during November 2016.  The stakeholder bulletins and answers provided to the question raised at the last County Council meeting refer to the operational difficulties experienced during the mobilisation period.  A further copy can be provided to Mr Charlesworth if required.

 

We are aware operational difficulties affected a number of locations during the mobilisation period, including the Blaby area.  These were due to problems with recruitment in specific locations, and the impact of the contingency plan we needed to enact for the lots that were vacated by the provider, TLC.  This meant all available staff resources across Leicestershire were stretched to capacity during the first few weeks of the service.

 

2.       It is a matter for each provider as to how they resource the services they have been contracted to provide.  We are aware that in the early stages of the contract, due to the reasons noted above, some providers brought staff in from other parts of their business to support the mobilisation of the new contract in Leicestershire.

 

3.       The Council has not been asked to pay for these costs, nor would it be appropriate for providers to make this request.  Again it is a matter for the providers themselves should they need to cover such costs in delivering the service.”