Agenda and decisions

Cabinet - Friday, 27 May 2022 11.00 am

Venue: Sparkenhoe Committee Room, County Hall, Glenfield

Contact: Miss. G. Duckworth (Tel. 0116 305 2583)  Email: gemma.duckworth@leics.gov.uk

Items
No. Item

Webcast and Order Paper. pdf icon PDF 199 KB

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

 

Additional documents:

1.

Minutes of the previous meeting. pdf icon PDF 171 KB

2.

Urgent items.

3.

Declarations of interest.

4.

Provisional Revenue and Capital Outturn 2021/22. pdf icon PDF 503 KB

Additional documents:

Decision:

(a)  That the 2021/22 provisional revenue and capital outturn be noted;

 

(b)  That the prudential indicators for 2021/22 as shown in Appendix E to the report be noted;

 

(c)   That the increasing pressures on the Capital Programme be noted with concern and that, in regard to infrastructure required to support housing and economic growth in the delivery of District Local Plans:

 

i)                The affordability of major road schemes (A511 and Melton Mowbray Distributor Road North and East sections) included in the Capital Programme will be reviewed when contract prices are received;

 

ii)               In the case of the other highway schemes not in the Capital Programme, financial risk will be managed by the County Council only committing to construction upon receipt of funds from developers, noting that increased congestion may result, although the County Council as local highway authority will seek to mitigate the impact through the formal planning process;

 

iii)             In the case of education provision, (i) the County Council will meet its statutory requirement to provide school places, whilst (ii) financial risk will be managed through stronger risk transfer to developers , noting that additional school places required may have to be through transport of pupils to existing schools; and

 

iv)             The District Councils as the promoters and owners of Local Plans be advised accordingly;

 

(d)  That the net underspend of £7.9m be used for the additional commitments as specified in the report, namely –

 

£3.6m – budget equalisation reserve for additional risks,

£1.1m – contribution to the Transformation earmarked fund,

£3.2m – budget equalisation reserve, for the increased risk of inflation.

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

To inform the Cabinet of the provisional revenue and capital outturn for 2021/22.

 

The ways of addressing increasing pressures on the Capital Programme, particularly in regard to  infrastructure required to support housing and economic growth in the delivery of District Local Plans, are detailed.

5.

Draft Leicester, Leicestershire and Rutland Carers Strategy 2022-25. pdf icon PDF 474 KB

Additional documents:

Decision:

 

a)    The outcome of the engagement report findings, attached as Appendix A, be noted;

 

b)    The draft joint Leicester, Leicestershire, and Rutland (LLR) Carers Strategy 2022-2025, attached as Appendix B, be approved for a formal six-week joint consultation;

 

c)     The draft action plan, attached as Appendix D, be noted, this will be published alongside the draft Strategy during the consultation period;

 

d)    A further report be submitted to the Cabinet in the autumn presenting the outcome of the consultation, the final LLR Carers Strategy and supporting action plan for approval.

 

REASONS FOR DECISION:

 

An engagement exercise undertaken during the summer of 2021 demonstrated that Leicestershire Carers continue to identify with the priorities contained in the 2018-2021 Strategy.

 

The Directors of Adults and Communities, Children and Family Services and Public Health require the Cabinet’s approval to undertake a formal joint consultation alongside the partner Councils and CCGs on the priorities and actions identified for supporting unpaid carers.

 

Amendments may be required to the draft Strategy following the consultation.

 

6.

Exception to Contract Procedure Rules - Urgent Action taken by the Chief Executive in Relation to Minor Adaptations. pdf icon PDF 226 KB

Decision:

That the Cabinet notes the urgent action taken by the Chief Executive to directly award by exception, in accordance with Contract Procedure Rule 6b(ii), contracts for a period of six months (to commence by no later than 31 May 2022) and with an option to extend by two additional periods of no more than three months each, to deliver minor adaptations for older and disabled people at home.

 

REASONS FOR DECISION:

 

The Council’s Constitution (Contract Procedure Rule 6 (b)) provides that exceptions to the Contract Procedure Rules may be made by the Cabinet where it is satisfied that an exception is justified on its merits and that in urgent cases the Chief Executive (after consultation with the Leader or Deputy Leader save where this is not practicable) may direct that an exception be made subject to it being reported to the Cabinet.

 

The exception was necessary because the current contract with the four providers had already been extended previously and a further extension is not possible if compliance with the Public Contract Regulations 2015 is to be maintained.  The direct award of the contract will be compliant with the Regulations and allow the necessary time to undertake a full re-procurement.

 

7.

Exception to Contract Procedure Rules to Provide Holiday Activities and Food Places during the School Summer Holidays 2022. pdf icon PDF 236 KB

Decision:

That an exception to the Contract Procedure Rules is agreed to enable the Director of Children and Family Services to approve the direct award of contracts to suppliers to supply Holiday Activities and Food holiday club provision for the 2022 summer holiday period, with a maximum, combined potential spend of £800,000.

 

REASONS FOR DECISION:

 

The County Council’s Contract Procedure Rules (Part 4G of the Constitution) require that, where the estimated value of a contract exceeds £181,302, formal tenders must be invited.

 

Where an exception to the Contract Procedure Rules is required for contracts over £177,897, Rule 6 (b)(ii) provides that Cabinet approval be obtained to the exception where this is justified on its merits. The proposed contracts with selected suppliers are expected to have a total value of £800,000.

 

The circumstances and financial considerations surrounding the proposal, explained in Part B of this report, mean that other procurement processes are not possible in order to ensure delivery of the HAF programme during the 2022 summer holiday period.

 

An exception to the Contract Procedure Rules is requested as there is insufficient time to undertake a full procurement process to put in place contracts for the start of the school summer holidays (12th July 2022).

 

Work is taking place with the Commissioning Support Unit, Legal Services and the Children and Family Services Department’s Commissioning Service to undertake a procurement exercise (compliant with the Council’s Contract Procedure Rules and the Public Contract Regulations 2015) to award contracts for the remainder of the Holiday Activities and Food programme, from winter 2022 to 2025.

 

8.

Direct Award for the Provision of Hostel Based Services and Outreach Housing Related Support. pdf icon PDF 296 KB

Decision:

That the Cabinet approves the direct award of hostel- based and outreach-based support services to Nottingham Community Housing Association and Falcon Support Services for the period 1 July 2022 to 31 March 2024.

 

REASONS FOR DECISION:

 

The direct award will enable continuity of service provision using existing service providers whilst allowing time to review the provision as part of service recommissioning.

 

The Nottingham Community Housing Association and Falcon Support Services have been delivering elements of the existing provision via subcontract arrangements with the lead provider (who does not wish to extend their contract) and this will give continuity of provision.

 

9.

Items referred from Overview and Scrutiny.

11.

Exclusion of the Press and Public.

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

 

·       East Midlands Development Company Limited

12.

East Midlands Development Company Limited.

(Exempt under Paragraphs 1, 3 and 10)

Decision:

(a)  That the Cabinet records its concerns about the management and governance of the East Midlands Development Company as set out in this report;

 

(b)  That those concerns be drawn in the first instance to the attention of the other local authority members of the Company at statutory officer level, the local authorities being the owners of the Company, prior to communication with the Company;

 

(c)  That the reply from the interim Chair of the Company to the letter from the Director of Law and Governance of 29th April and her subsequent letter be noted;

 

(d) That the Director of Law and Governance be requested to write a further letter to the interim Chair of the Company setting out the County Council’s view that he has a conflict of interest in respect of any matters relating to the East Midlands Freeport being discussed by the East Midlands Development Company Board given his role as the Chairman of a separate company which owns land in another Freeport;

 

(e)  That the Company be informed that the County Council is pausing its engagement with the Company pending resolution of its concerns and will not be considering a response to the Company’s Funding Notice until written responses to letters from the Director of Law and Governance and any other response from the Company have been considered by the Cabinet;

 

(f)   That the Company and the other member authorities be informed of the County Council’s view that a meeting of the Company Oversight Authority be called to coincide with consideration of the findings of Tranche 1 of the work of the Company’s commercial partner so that the political leaderships of the member authorities and their executive bodies can give consideration to what is being recommended in respect of the Company’s role and in Tranche 2 of their work; and

 

(g) That the County Council does not support at this time a Memorandum of Understanding between the Company and the East Midlands Freeport or any convergence of their governance arrangments.

 

 

REASON FOR DECISION:

 

It is necessary to consider the County Council’s membership of the Company at the end of the first year of operation in its current form, to seek information and justification for the proposed funding from the County Council of £500,000 per annum and to recognise the engagement by the Company of a commercial partner.