Agenda and decisions

Moved from 16 September 2022, Cabinet - Friday, 23 September 2022 11.00 am

Venue: Sparkenhoe Committee Room, County Hall, Glenfield

Contact: Mr. M. Hand (Tel. 0116 305 6038)  Email: matthew.hand@leics.gov.uk

Items
No. Item

Webcast and Order Paper

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

 

Additional documents:

1.

Minutes of the meeting held on 24 June 2022. pdf icon PDF 167 KB

2.

To advise of any other items which the Chairman has decided to take as urgent elsewhere on the agenda.

3.

Declarations of interest in respect of items on the agenda.

Decision:

Mrs. P. Posnett CC declared an Other Registerable Interest in agenda item 5 (North and East Melton Mowbray Distributor Road-  Approval to Submit Full Business Case) as a member of Melton Borough Council.

 

Mr. N. J. Rushton CC, Mr. R. J. Shepherd CC, Mrs D. Taylor CC, Mrs. C. M. Radford CC, Mrs. P. Posnett CC, Mr. L. Breckon CC, Mrs. L. Richardson CC and Mr. O. O’Shea CC each declared an Other Registerable Interest in agenda item 6 (Leicester and Leicestershire Authorities – Statement of Common Ground Relating to Housing and Employment Land Needs) as members of district councils.

 

Mr. R. J. Shepherd CC, Mrs D. Taylor CC and Mrs. C. M. Radford CC each declared an Other Registerable Interest in agenda item 7 (Charnwood Local Plan 2021 – 2037) as members of Charnwood Borough Council.

 

4.

Medium Term Financial Strategy - Latest Position. pdf icon PDF 214 KB

Additional documents:

Decision:

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

 

b)    That noting the significant financial challenges faced by the County Council, including the period 4 monitoring from the current financial year, the proposed approach outlined in the report to updating the Medium Term Financial Strategy (MTFS), be approved;

 

c)     That the revised Capital Programme for 2022/23 to 2025/26 as set out in Appendix C to the report be approved and that the Director of Corporate Resources be authorised:

 

                               I.        To approve invest to save schemes for inclusion in the Capital Programme

 

                             II.        In consultation with the relevant Chief Officer and following consultation with the relevant Lead Member, to pause capital schemes subject to further review and until additional cost information becomes available.

 

d)    That each Chief Officer in consultation with the Director of Corporate Resources and following consultation with the relevant Lead Member(s), be requested to;

 

                          I.          Take action as necessary to bring forward, where possible, savings already budgeted for within the MTFS 2023/24 to 2025/26, including the current (2022/23) financial year;

 

                        II.          Undertake work to develop a savings programme including preliminary work such as consultation, as considered appropriate to enable the Council to develop further savings for inclusion in the roll forward of the MTFS;

 

e)    That it be noted that no final commitments will be made on (i) and (ii) above before decisions on these matters are taken by elected members either as part of the County Council’s MTFS for 2023/24-2026/27 or by the Cabinet following a report setting out full details of any proposed changes;

 

f)      That the position regarding the level of income received from local NHS bodies to cover social care costs, and the proposals to work with NHS colleagues to help to increase this, be noted;

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

To develop plans to address the latest financial position.

 

To approve a revised capital programme for 2022-26 which requires amendment as a result of the latest forecast financial position and enable the Director of Corporate Resources to make further amendments to include invest to save schemes and to pause schemes in order to further review their costings.

 

Authorising officers to bring forward savings already budgeted for within the MTFS 2023/24 to 2025/26 to enable savings to be progressed and delivered as soon as possible.

 

The development of a savings programme will enable the Authority to identify further areas of savings to be made to address the worsening financial position.

 

5.

North and East Melton Mowbray Distributor Road - Approval to Submit Full Business Case pdf icon PDF 184 KB

Decision:

a)    That the latest position with regard to the North East Melton Mowbray Distributor Road (NE MMDR) timetable for the implementation for the scheme including on-going work with the prospective contractor on a target cost price be noted;

 

b)    That the Director of Environment and Transport in consultation with the Director of Corporate Resources and following consultation with the relevant Cabinet Lead Member be authorised to submit the Full Business Case to the Department for Transport (DfT) provided that the outcome of the target cost price exercise demonstrates the NE MMDR scheme still represents value for money;

 

c)     That a further report be submitted to the Cabinet in December 2022 detailing the outcome of the target price exercise and confirmation of funding from the DfT to enable the Cabinet to consider whether to move to the formal construction phase.

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

To enable the County Council to progress the scheme in accordance with the approved programme. Whilst approval by the Cabinet to submit the Full Business Company will achieve a key milestone in the programme, the final decision on progressing the scheme to construction will be sought at the Cabinet meeting in December 2022.

 

 

6.

Leicester and Leicestershire Authorities - Statement of Common Ground relating to Housing and Employment Land Needs. pdf icon PDF 383 KB

Additional documents:

Decision:

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

 

b)    That the completion of associated evidence work on the Housing and Economic Needs Assessment and Sustainability Appraisal (Appendices B to E of the report), which has informed the Statement of Common Ground, be noted;

 

c)     That the County Council becomes a signatory to the Leicester and Leicestershire Statement of Common Ground Relating to Housing and Employment Land Needs, June 2022, (Appendix A to the report);

 

d)    That the increased infrastructure requirements associated with the additional 18,700 homes and 23 hectares of employment land being accommodated in the County as a consequence of Leicester’s unmet need be noted;

 

e)    That the increased financial burden to provide key infrastructure in the County be reflected in a revised allocation of Business Rate funding pool between the City Council, the County Council and the district councils and that this is considered during current discussions.

 

REASONS FOR DECISION:

 

The Statement of Common Ground (SoCG) has been prepared jointly by the 9 local authorities in Leicester and Leicestershire. Its preparation has been overseen by the Members Advisory Group, which agreed on 28 April 2022 that the SoCG should be considered by each of the Leicester and Leicestershire authorities through their respective governance procedures. The SoCG sets out the collaboration undertaken to reach agreement on strategic housing distribution and other matters in line with the Government’s Duty to Cooperate, supporting progress on respective emerging local plans.

 

In the current financial climate, the risk to the County Council needs to be minimised. The SoCG demonstrates a reasserted commitment to joint working on long-term strategic planning matters for housing, economic growth and associated strategic infrastructure across Leicester and Leicestershire.

 

The additional housing and employment land needs arising from this agreement mean the County Council and district councils will be required to provide and find funding for additional infrastructure over and above that already required in response to the unprecedented level of growth in the County.

 

The historic distribution of the business rate pool between the City Council, County Council and the district councils does not reflect this agreement to accept the City Council’s unmet need. A revision to that distribution represents an opportunity to allocate the pool to areas taking on the increased burden in respect of the cost of infrastructure.

7.

Charnwood Local Plan (2021 - 2037) Latest Position. pdf icon PDF 213 KB

Additional documents:

Decision:

a)    That it be noted that the position taken by Charnwood Borough Council on the first day of the Examination in Public was a change from the Local Plan it had submitted and which the County Council had agreed to support with conditions;

 

b)    That the evidence, clarification and information the County Council requires to enable it to support Charnwood Borough Council’s proposed changed strategy for dealing with unmet need from the City of Leicester, as put to the Inspectors, as set out in paragraph 50 of this report, be noted;

 

c)     That the potential consequences for the County Council arising from the delay to the Examination in Public be noted;

 

d)    That the interim approach to dealing with planning applications in Charnwood be approved and that, as the local planning authority, Charnwood Borough Council’s support for its implementation be sought;

 

e)    That Charnwood Borough Council be notified that it is the County Council’s view that:

 

                           I.    the Borough Council needs to establish new formal governance and joint working arrangements with the County Council to oversee the preparation for the next stage of its Local Plan and beyond.

 

                         II.    in the event that the Borough Council is required to reconsider its housing strategy following the Examination in Public in October 2022, it should give due consideration to the inclusion of new sites to accommodate additional housing as well as the distribution of additional housing across sites identified in the Charnwood Local Plan (2012 – 2037) submitted to the Inspectorate in December 2021.

 

f)      That the Chief Executive, following consultation with the Leader of the County Council and the Lead Members for Children and Family Services and Highways, Transportation and Flooding, and on advice from the Director of Law and Governance, be authorised to:

 

                       I.    keep under review the basis for the County Council’s position for the purposes of the Examination in Public; and

 

                      II.    make such changes to that position as may be required in the light of evolving circumstances, including in respect of Charnwood Borough Council’s position on how it proposes to deal with the City’s unmet housing need and the Examination’s progress, including to update and/or to prepare new documentation as required for the Examination in Public; and

 

 

                    III.    take all required steps should it be necessary for the County Council to make any formal submission on the position taken by Charnwood Borough Council when the Examination in Public resumes.

 

(KEY DECISION)

 

REASONS FOR DECISIONS:

 

To ensure that the information required to enable the County Council to support a changed Local Plan is communicated to Charnwood Borough Council.

 

To ensure that the County Council’s interests are protected during the extended period of Charnwood Borough Council having no adopted Local Plan.

 

To reiterate the Cabinet decision of June 2022 to formalise a commitment to joint working with Charnwood Borough Council on its Local Plan which was not taken forward given the pause in the EiP.

 

In the event that Charnwood Borough Council’s Housing Strategy is reviewed, providing that they are of an appropriate scale and location, the inclusion of new sites in any reconsidered Housing Strategy could aid the delivery of necessary supporting infrastructure and services in comparison with a strategy that may seek to scatter provision in smaller numbers over a wide geographic area.

 

Authorising the Chief Executive to revise the County Council’s position for the purpose of the EiP and representation at the hearing sessions, in consultation with the Director of Law and Governance, will ensure it reflects the latest position in the light of evolving circumstances.

 

 

 

8.

Adult Social Care Reform - Market Shaping and Charging Reform. pdf icon PDF 617 KB

Additional documents:

Decision:

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

 

b)    That the significant developmental work underway to prepare for the Charging Reform be noted;

 

c)     That the potential financial implications of implementing Adult Social Care Reforms requirements be noted;

 

d)    That the Director of Adults and Communities, in consultation with the Director of Corporate Resources and following consultation with Lead Members for Adults and Communities and Resources, be authorised to:

 

                           I.    submit a response to the Government consultation on the distribution of funding to support the reform of the Adult Social Care Charging System in 2023 to 2024;

 

                         II.    submit the final version of the outcome of the Fair Cost of Care exercise for care homes and home care and the initial Market Sustainability Plan, including commissioning proposals for 2023/24 and 2024/25, to the Department of Health and Social Care before the 14 October 2022 deadline.

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

The Adult Social Care Reforms are expected to have a significant impact on the medium term financial position of the Council.

 

A full programme is in place to meet all of the requirements set out in the White Paper; Charging Reform has formed a significant aspect of the Programme and requires changes to processes and policies to be implemented at pace. It is important that the Cabinet is aware of the work being undertaken to ensure that the County Council will meet the October 2023 deadline for the systems and support to be in place for new self-funders.

 

Responses to the consultation on the distribution of funding to support the reform of the adult social care charging system need to be submitted by the 23 September 2022. It is important that Leicestershire County Council responds to the consultation recommending the option to its greatest advantage.

 

To support local authorities to prepare their markets for the Adult Social Care Reforms, the Government has set up a centralised fund (Market Sustainability and FCOC Fund). To receive their share, local authorities are required to submit an MSP to the DHSC by 14 October 2022 containing information pertaining to an analysis of a FCOC for residential and nursing care for people aged 65 years and over, and for domiciliary care for people aged 18 years and over, which the Government is expected to use to inform future allocations to local authorities for adult social care.

 

9.

Extra Care Service Review and Procurement. pdf icon PDF 329 KB

Additional documents:

Decision:

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

 

b)    That the outcome of the review of the Extra Care Service be noted;

 

c)     That the proposed changes to the way in which the Wellbeing Service element of the Extra Care Service is delivered be approved;

 

d)    That the Director of Adults and Communities be authorised to commence a procurement exercise for the care and support provided in the Leicestershire extra care housing schemes and enter into any contractual arrangements necessary to bring into effect the provision from 1 April 2023.

 

(KEY DECISION)

 

REASONS FOR DECISION:

 

The new contract for the Extra Care Service needs to be in place by 1 April 2023 and the procurement exercise is anticipated to commence in October 2022.

 

As part of the re-procurement of the Service there is opportunity for the County Council to adjust the way it operates the Service and the way it works in partnership with the housing and care providers through a more formal partnership arrangement between stakeholders to further develop social opportunities onsite and to provide a more efficient and cost-effective service.

 

10.

Leicestershire and Rutland Safeguarding Adult Board Annual Report 2021/22. pdf icon PDF 230 KB

Additional documents:

Decision:

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

 

b)    That the Leicestershire and Rutland Safeguarding Adult Board Annual Report for 2021/22 be 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 the content of the Annual Report and consider whether the report identifies matters that it wishes to address in relation to the effectiveness of safeguarding within the work of the Authority.

 

11.

Leicestershire and Rutland Safeguarding Children Partnership Annual Report 2021/22. pdf icon PDF 231 KB

Additional documents:

Decision:

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

 

b)    That the Leicestershire and Rutland Safeguarding Children Partnership Annual Report for 2021/22 be noted.

 

REASONS FOR DECISION:

 

Leicestershire County Council is one of the statutory Safeguarding Partners who have a shared and equal statutory duty with the local Integrated Care Board and Chief of Leicestershire Police to agree and make arrangements to work together to safeguard and promote the welfare of all children in Leicestershire.

 

It is a statutory requirement, as set out in Working Together 2018, that the Safeguarding Partners publish a report at least once every twelve months on the arrangements and their effectiveness.

 

The multi-agency safeguarding arrangements locally are managed through a partnership – the Leicestershire and Rutland Safeguarding Children Partnership that covers the counties of Leicestershire and Rutland.

 

In Leicestershire and Rutland, the Annual Report has traditionally 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 this document and consider whether it identifies matters that it wishes to address in relation to the effectiveness of safeguarding within the work of the Authority.

12.

Leicestershire County Council Community Safety Strategy 2022 - 2026. pdf icon PDF 169 KB

Additional documents:

Decision:

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

 

b)    That the response to the consultation exercise on the County Council’s draft Community Safety Strategy 2022 - 2026 be noted;

 

c)     That the Strategy be submitted to the Council for approval on 7 December 2022.

 

(KEY DECSION)

 

REASON FOR DECISION:

 

To note the feedback received from consultees and how this has informed the final draft of the Strategy. The final Strategy must be submitted to the County Council for approval as it forms part of the Plans Framework in the Council's Constitution (Part 2, Schedule 2).

 

 

 

13.

Exception to Contract Procedure Rules to Provide Adoption Support Fund - Therapeutic Services pdf icon PDF 227 KB

Decision:

That an exception to the Contract Procedure Rules be approved to enable the Director of Children and Family Services to agree the direct award of contracts to therapeutic service suppliers referred to in paragraph 18 of the report for the provision of therapy to eligible adopted children, up to a maximum date of 30 June 2023 with a maximum combined spend of up to £865,000.

 

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 £177,897, formal tenders must be invited. Based on the level of spend by the Council in relation to the provision of therapeutic services to eligible adopted children, the need for the Council to undertake a compliant procurement process has been identified.

 

The approval of an exception to the Contract Procedure Rules will enable service provision to be maintained to eligible adoptive children up until 30 June 2023 whilst the Council undertakes a compliant procurement process in order to establish a framework agreement for therapeutic services by 1 July 2023.

 

14.

Corporate Asset Investment Fund Annual Performance Report 2021-22. pdf icon PDF 236 KB

Additional documents:

Decision:

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

 

b)    That the performance of the Corporate Asset Investment Fund for the period April 2021 to March 2022 as set out in the Annual Report, be noted.

 

REASON FOR DECISION:

 

In accordance with the Cabinet’s decision in September 2017, this report fulfils the requirement to report annually on the performance of the CAIF to both the Cabinet and the Scrutiny Commission, to demonstrate that the Fund is being managed professionally and prudently and in line with the Strategy approved by the County Council in February 2021.

 

 

 

15.

Corporate Asset Management Plan 2022 - 2026. pdf icon PDF 245 KB

Additional documents:

Decision:

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

 

b)    That the draft Corporate Asset Management Plan 2022 – 2026 be approved.

 

REASON FOR DECISION:

 

To enable the implementation of the CAMP 2022 – 2026.

 

 

16.

Corporate Complaints and Compliments Annual Report 2021/22. pdf icon PDF 356 KB

Additional documents:

Decision:

That the Corporate Complaints and Compliments Annual Report, covering the period 1 April 2021 to 31 March 2022, be noted

 

REASON FOR DECISION:

 

To note the increase in volume of corporate complaints received and the key themes emerging.

 

17.

Items referred from Overview and Scrutiny.

18.

Any other items which the Chairman has decided to take as urgent.

19.

Exclusion of the press and public.

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

 

· East Midlands Development Company Limited

 

20.

East Midlands Development Company Limited.

(Exempt under Paragraphs 1, 3 and 10)