Agenda and minutes

To approve the minutes of the meetings held on 14 May 2013 (CC1) and to receive information arising from them.

The Minutes of the Meeting held at 10.00 am on 14 May 2013 were approved and signed subject to the following amendments:

Minute 31/13 Appointments:

 table at 1(a) – the text ‘Councillor Lyndsey-Gale’ to be replaced with ‘Councillor Lindsay-Gale’.

Add in the following text:

(b)       Council had before them the political balance on Scrutiny and other committees for review and to appoint members to them (CC11).

Councillor Hudspeth moved and Councillor Rose seconded that Councillor Lilly be replaced by Councillor Gray on the Performance Scrutiny Committee, that Councillor Gray be replaced by Councillor Langridge on Education Scrutiny and that Councillor Mallon be the Council’s representative on the Thames Valley Police and Crime Panel.

Councillor Brighouse moved and Councillor Val Smith seconded that Councillor Tanner be replaced by Councillor Christie on the Performance Scrutiny Committee.

RESOLVED: (nem con) to confirm the political balance on Scrutiny and other Committees shown in Annex 2 and 3 to the Schedule of business subject to the corrections listed above.

The Minutes of the Meeting held on 14 May 2013 at 12.30 pm were approved and signed subject to the following amendment:

Minute 33/13, paragraph 2, forth line the text ‘her’ to be replaced with ‘him.’

The Minutes of the Meeting held on 14 May 2013 at 12.50 were approved and signed.

Apologies for absence were received from Councillors Richard Langridge and David Wilmshurst.

The Chairman reported as follows:

·                    Council congratulated the following who had received an honour on the Queen’s Honours List for 2013:

• Andrew Dilnot, CBEChairman, UK Statistics Authority and Warden, Nuffield College had received a Knighthood for services to Economics and Economic Policy;

• Sally Dicketts,Chief Executive and Principal, Oxford and Cherwell Valley College and Chair, Reading College – had received a CBE for services to further Education;

• Professor Pete Dobson,  Director, Oxford University, Begbroke Business and Science Park, received an OBE for services to Science and Engineering.

• Council congratulated the Oxfordshire County Youth Orchestra who had won a major award in the National Festival of Music for Youth in the ‘Open Orchestras’ class, together with the Jazz Combo ‘OX2’, who took the major award for the most innovative performance.

• Council paid tribute to former County Councillor Miss M E (Peg) McWilliam who had recently passed away.  Council observed a minute’s silence in honour of her memory.

(a)               to revisit the political balance on Scrutiny and other committees and to appoint members to them as necessary (CC5);

(b)               to replace Councillor Mark Lygo with Councillor Jamila Azad on the Oxfordshire County Council Teachers’ Joint Committee;

(c)               to make any other changes to the membership of the Cabinet, scrutiny and other committees on the nomination of political groups.

RESOLVED: (on a Motion by Councillor Hudspeth, seconded by Councillor Rose and carried nem con) to:

(a)               confirm the political balance on Scrutiny and other committees and to appoint members to them as set down in Annex 1 and 2 to the report CC5;

(b)               replace Councillor Mark Lygo with Councillor Jamila Azad on the Oxfordshire County Council Teachers’ Joint Committee.

The Council received the following representations from members of the public:

Ms Julie Mabberley presented a Petition on behalf of Wantage & Grove Campaign Group requesting that the Highways Officers of the County Council consider the impact of the scale of housing developments on the roads in the Vale of the White Horse and to find urgent solutions to the issue.

Ms Sue Moon and Mr Andrew Baud presented a Petition on behalf of the School Bus Action Group requesting that Oxfordshire County Council immediately withdraw the proposed Home to School Transport Policy 2014.

Mr Sharone Parnes addressed the Committee in support of Motion 18 (Motion From Councillor Patrick), requesting that the Council find an urgent solution to this issue.

Report by Deputy Director for Environment & Economy (Strategy & Infrastructure Planning) (CC8).

The County Council is responsible for preparing the Oxfordshire Minerals and Waste Plan. The Minerals and Waste Core Strategy will form the central part of this plan. The Core Strategy Proposed Submission Document was approved by full Council on 3 April 2012 for publication for representations to be made and subsequent submission to the Government for independent examination. 

.The Core Strategy sets out the vision, objectives, spatial strategy and core policies for the supply of minerals and management of waste in Oxfordshire to 2030. Detailed site allocations are to be identified in a subsequent document.

.Following approval by full Council, the Minerals and Waste Core Strategy Proposed Submission Document was published on 25 May 2012.

The Core Strategy was submitted to the Government on 31 October 2012 and the Planning Inspectorate appointed an Inspector to carry out the independent examination of the plan.  On 14 February 2013, with the authority’s agreement, the Inspector suspended the examination until 31 May 2013. This was to provide sufficient time for officers to complete the requested work and further consider the issue of compliance with the new duty to co-operate and the implications for the examination of the Core Strategy.

Counsel advice has been sought and considers there is a very real risk that the Inspector will find the Core Strategy to be unsound on the ground that it is based on an Assessment which does not accord with the National Planning Policy Framework.

The Council is RECOMMENDED to:

(a)                withdraw the Oxfordshire Minerals and Waste Core Strategy;

(b)                prepare a revised Oxfordshire Minerals and Waste Local Plan in accordance with a new Minerals and Waste Development Scheme.

The Council had before it a report CC8 which sought approval, following advice from Counsel, to with draw the Oxfordshire Minerals and Waste Core Strategy on the grounds that it is based on an assessment which does not accord with the National Planning Policy Framework.

RESOLVED: (on a motion by Councillor Nimmo-Smith and seconded by Councillor Mathew and carried nem con) to:

(a)                withdraw the Oxfordshire Minerals and Waste Core Strategy;

(b)                prepare a revised Oxfordshire Minerals and Waste Local Plan in accordance with a new Minerals and Waste Development Scheme.

Report by the Director of Public Health (CC9).

This is the 6th Director of Public Health Annual Report for Oxfordshire.  It is also the first Annual Report produced since Public Health returned home to Local Government.

The purpose of a Director of Public Health is to improve the health and wellbeing of the people of Oxfordshire.  This is done by reporting publicly and independently on trends and gaps in the health and wellbeing of the population in Oxfordshire and by making recommendations for improvement to a wide range of organisations.

Producing a report is now a statutory duty of Directors of Public Health and it is the duty of the County Council to publish it.

The Director of Public Health’s Annual Report is the main way in which Directors of Public Health make their conclusions known to the public.  This helps the Director of Public Health to be an independent advocate for the health of the people of Oxfordshire.

The Annual Report:

·                    Is Scientific;

·                    Is Factual;

·                    Is Objective;

·                    Focuses on long term gaps;

·                    Makes clear recommendations

The priorities highlighted In this Report include the six main long-term challenges to long-term health in Oxfordshire which are:

·                    An ageing population – the “demographic challenge” ;

·                    Breaking the cycle of disadvantage;

·                    Mental health and wellbeing: avoiding a Cinderella service;

·                    The rising tide of obesity;

·                     Excessive alcohol consumption;

·                    Fighting killer infections

These topics are dealt with one by one. The current issues and recent action are laid out and progress will be monitored in future reports. 

Within these topics there is a particular emphasis in this report on 3 issues:

·                    Health in rural areas;

·                    Loneliness as a health issue, and

·                    The increase in residents from minority ethnic groups.

The Council is RECOMMENDED to receive the Report.

The Council had before them for consideration the 6^th Director of Public Health Annual Report for Oxfordshire (CC9).

RESOLVED: (on a motion by Councillor Hibbert-Biles, seconded by Councillor Reynolds and carried nem con) to receive the Report.

Report of the Cabinet Meetings held on 16 April 2013, 21 May 2013, and 18 June 2013 (CC10).

Council received the Report of the Cabinet.

In relation to Paragraph 1 (Staffing Report – Quarter 4) (Question from Councillor John Christie) Councillor Rose undertook to ensure that future reports detailing vacancies and agency staff would be provided in a clearer more detailed format.

In relation to Paragraph 14 (Director of Public Health Annual Report) (Question from Councillor Glyn is Phillips) Councillor Hiibert-Biles undertook to provide Members with a written answer regarding whether there were any referrals to ‘smoking cessation’ from GP’s and hospitals in Oxfordshire..

This Scrutiny Annual Report (CC11) provides an overview of the work of the Council’s six scrutiny committees over the course of 2012/13.

Structured to reflect the activity of the Council’s six scrutiny committies the report is presented by the former Chairman of the Strategy & Partnerships Scrutiny Committee. It highlights the work carried out by each Committee to scrutinise activity and decisions over the past year. This is the last Annual Report of the six scrutiny committees system as it existed up to May 2013.

In 2012 a cross-party working group overseen by the Strategy & Partnerships Scrutiny Committee reviewed the Council’s governance arrangements and considered a range of proposals. Through the review the overview and scrutiny function has been streamlined from 6 committees to 3 (Performance, Education and Health).

The Audit Working Group has reviewed this report and commented that the layout and structure has been improved giving a clearer overview of the activity of each committee. Additional comments will inform future reporting on the new scrutiny committees.

Council is RECOMMENDED to receive the report.

The Council had before them the Scrutiny Annual Report CC11, which provided an overview of the work of the Council’s six scrutiny committees over the course of 20132/13.

RESOLVED:  (on a motion by Councillor Lindsay-Gale, seconded by Councillor Waine and carried nem con) to receive the report.

Report by the Assistant Chief Executive & Chief Finance Officer (CC12).

Council is RECOMMENDED to approve the virements larger than £0.5m and the associated carry forwards as set out in Annex 1(a) and 1(b) to the report.

Council had before them a report by the Assistant Chief Executive and Chief Finance Officer which sought approval to a number of virements which are larger than £0.5m arising from the Revenue and Capital Outturn Report to Cabinet 0n 18 June

RESOLVED:  (on a motion by Councillor Fatemian, seconded by Councillor Hudspeth and carried by 32 votes to 3, with 25 abstentions)to approve the virements larger than £0.5m and the associated carry forwards as set out in Annex 1(a) and 1(b) to the report.

Report by Director for Social & Community Services and Assistant Chief Executive & Chief Finance Officer (CC13).

As set out in the Older People’s Pooled Budget Arrangements, the expansion of the Older People Pool represents a change in policy. The virement of budgets requires approval by Council under the Authority’s Financial Regulations.

The Cabinet report sought Cabinet approval to increase the services and budgets that form the Older Person’s Pooled Budget arrangements between Oxfordshire County Council and the Oxfordshire Clinical Commissioning Group, and to ensure the risk sharing and governance arrangements are appropriate for a truly pooled budget.

These joint working arrangements include a new Older People’s Joint Commissioning Strategy 2013-2017 which has been the subject of public consultation. The Older People’s pooled budget is a key mechanism for implementing the detailed action plan that forms part of the new strategy, and programme management arrangements to ensure its successful delivery are also being finalised.

Council is RECOMMENDED to approve the virement of £21m into the Older People’s Pooled Budget, as well as an income target of £18m.

The Council had before them a report CC13 which sought approval to a virement to the Older People’s Pooled Budget to ensure the risk sharing and governance arrangements are appropriate for a truly pooled budget.

RESOLVED:  (on a motion by Councillor Heathcoat, seconded by Councillor Hibbert-Biles and carried nem con) to approve the virement of £21m into the Older People’s Pooled Budget, as well as an income target of £18m.

Report by the Assistant Chief Executive & Chief Finance Officer (CC14)

The Financial Procedure Rules are part of the Council’s Constitution and provide the framework for management of the Authority’s financial affairs.  They are part of the means by which the Council seeks to achieve excellence in corporate governance.  They aim to demonstrate high standards of financial integrity in the delivery of services.

This report presents the proposed amendments to the Financial Procedure Rules for capital and includes a new section to allow the Council to act as an Accountable Body for partnerships.

The Council is RECOMMENDED to:

(a)               agree the proposed changes to the Financial Procedure Rules, as outlined in Paragraph 3 above and as detailed in Annex 1; and

(b)               ask the Monitoring Officer to amend the Council’s Constitution accordingly.

The Council had before them a a report CC14, which presented the proposed amendments to the Financial Procedure Rules for capital, together with a new section to allow the Council to act as an Accountable Body for partnerships.

RESOLVED: (on a motion by Councillor Fatemian, seconded by Councillor Hudspeth and carried by 44 votes to 13, with 2 abstentions) to:

(a)       agree the proposed changes to the Financial Procedure Rules, as outlined in Paragraph 3 above and as detailed in Annex 1; and

(b)       ask the Monitoring Officer to amend the Council’s Constitution accordingly.

The council had a number of Questions received with notice from members of the Council (Annex 2 of the Schedule of Business)

16 Questions with notice were asked.  Details of the questions and answers and the supplementary questions and answers (where asked) is set out in Annex 1 to the Minutes.

In relation to Question 6 (Question from Councillor Stewart Lilly to Councillor Nick Carter) Councillor Carter undertook to provide members with a copy of an area by area phasing timetable for the Broadband Programme once it became available.

In relation to Question 7 (Question from Councillor David Williams to Councillor Ian Hudspeth) Councillor Hudspeth undertook to undertook to investigate written communication with Southern Health and provide members with a written answer.

“This Council asks the Cabinet to look at ways to ensure  that all new contracts have written into them public service values of local engagement, terms and conditions of service, including a commitment to the Living Wage and  all of the usual policies of Health and Safety, Equality etc. It also asks  that ways to engage local communities in the provision of services through co-operatives or other mutual organisations should be developed and supported. 

This would  ensure the Council Taxpayers of Oxfordshire have services which are responsive to the local communities.”

Councillor Brighouse moved and Councillor Azad seconded the following motion:

“This Council asks the Cabinet to look at ways to ensure  that all new contracts have written into them public service values of local engagement, terms and conditions of service, including a commitment to the Living Wage and  all of the usual policies of Health and Safety, Equality etc. It also asks  that ways to engage local communities in the provision of services through co-operatives or other mutual organisations should be developed and supported. 

This would  ensure the Council Taxpayers of Oxfordshire have services which are responsive to the local communities.”

Following debate the motion was put to the vote and was lost by 42 votes to 17, with 2 abstentions.

Councillor Lilly moved and Councillor Greene seconded the following motion:

“That this County Council’s new administration examine the possibility of increasing and seeking greater flexibility with pre-planning application fees to bring this authority in line with neighbouring District, and other authorities in England. These measures to also see the addition of “administration fees” for the clearance and discharge of conditions of planning permissions issued. Government gives authorities the freedom to levy such costs as it derives to be reasonable. This would also bring much needed income to the County Councils finances.”

Councillor Tanner moved and Councillor Mathew seconded “that the question be now put”. The motion was put to the vote and it was

RESOLVED: (nem con) that the question be now put.

The substantive motion was then put to the vote and it was:

RESOLVED: (nem con)

That this County Council’s new administration examine the possibility of increasing and seeking greater flexibility with pre-planning application fees to bring this authority in line with neighbouring District, and other authorities in England. These measures to also see the addition of “administration fees” for the clearance and discharge of conditions of planning permissions issued. Government gives authorities the freedom to levy such costs as it derives to be reasonable. This would also bring much needed income to the County Councils finances.

Councillor Patrick moved and councillor Webber seconded the following motion:

“This Council recognises the importance of housing development being planned in a sustainable way with the infrastructure required in place at an early stage.

The County Council Developer Funding Team have had success in gaining infrastructure for some larger developments in various parts of the county in the past. However, there are many smaller developments in parts of Oxfordshire where numbers of houses are built without apparent input and without any objections from the highways officers, in spite of the extra traffic being created on existing roads. There is also concern that not enough priority is being given to ensure there are enough school places within existing schools when these developments are agreed. In some cases, new schools will be needed to cope with the demand. This is especially a problem when there are repeated applications in an area, that over a couple of years add up to many hundreds of houses, which would have triggered road and education infrastructure if in a single application.

As the County Council will be responsible for maintaining our roads and ensuring there are enough school places for our children, it is important that this is dealt with as a matter of urgency. This Council therefore urges the Cabinet to take heed of these problems and to work with officers to find urgent solutions to this issue. including closer working with district planning officers and improved liaison with local members.”

Councillor Hallchurch moved and Councillor Chapman seconded “that the question be now put”. The motion was put to the vote and it was:-

RESOLVED: (nem con) that the question be now put.

The substantive motion was then put to the vote and it was:-

RESOLVED: (nem con)

This Council recognises the importance of housing development being planned in a sustainable way with the infrastructure required in place at an early stage.

The County Council Developer Funding Team have had success in gaining infrastructure for some larger developments in various parts of the county in the past. However, there are many smaller developments in parts of Oxfordshire where numbers of houses are built without apparent input and without any objections from the highways officers, in spite of the extra traffic being created on existing roads. There is also concern that not enough priority is being given to ensure there are enough school places within existing schools when these developments are agreed. In some cases, new schools will be needed to cope with the demand. This is especially a problem when there are repeated applications in an area, that over a couple of years add up to many hundreds of houses, which would have triggered road and education infrastructure if in a single application.

As the County Council will be responsible for maintaining our roads and ensuring there are enough school places for our children, it is important that this is dealt with as a matter of urgency. This Council therefore urges the Cabinet  ...  view the full minutes text for item 51/13

Councillor Hannaby moved and Councillor Heathcoat seconded the following motion as amended with Council’s agreement by councillor Heathcoat in bold italic:

“This Council reaffirms its commitment to the safeguarding and wellbeing of the elderly and vulnerable in Oxfordshire.

Council notes the Annual Report of the Safeguarding Adults Board as presented to Adult Services Scrutiny committee and the Health and Wellbeing Board, and welcomes the initial steps taken to ensure that responsible agencies work together to minimise risk of personal abuse in residential care or nursing homes. Oxfordshire residents need to be assured that the highest level of care will be delivered with dignity and respect, and that the safety of those suffering from dementia, mental and learning or physical disabilities will always be of the highest priority.

Council does not believe that the Care Quality Commission has the capacity to meet its growing responsibilities, and notes the increase in reported failures in care inside residential care and nursing homes nationally and within Oxfordshire. Council calls on the cabinet to learn from mistakes and inadequacies revealed by whistle-blowers and the CQC, but also sees the need for pro-active monitoring through joint working and information sharing between the safeguarding adults team and the care home support service to ensure the safety of all residents in our care.”

Councillor Gill Sanders moved and Councillor Tanner seconded “that the question be now put”. The motion was put to the vote and it was:-

RESOLVED: (nem con) that the question be now put.

The substantive motion, as amended in bold italic/strikethrough was put to the vote and it was:-

RESOLVED: (nem con)

This Council reaffirms its commitment to the safeguarding and wellbeing of the elderly and vulnerable in Oxfordshire.

Council notes the Annual Report of the Safeguarding Adults Board as presented to Adult Services Scrutiny committee and the Health and Wellbeing Board, and welcomes the initial steps taken to ensure that responsible agencies work together to minimise risk of personal abuse in residential care or nursing homes. Oxfordshire residents need to be assured that the highest level of care will be delivered with dignity and respect, and that the safety of those suffering from dementia, mental and learning or physical disabilities will always be of the highest priority.

Council does not believe that the Care Quality Commission has the capacity to meet its growing responsibilities, and notes the increase in reported failures in care inside residential care and nursing homes nationally and within Oxfordshire. Council calls on the cabinet to learn from mistakes and inadequacies revealed by whistle-blowers and the CQC, but also sees the need for pro-active monitoring through joint working and information sharing between the safeguarding adults team and the care home support service to ensure the safety of all residents in our care.

“This Council agrees with Lord Neuberger, President of the Supreme Court who said:

(The Guardian 18/06/2013)

·        Access to justice for all - particularly the poor, the vulnerable and the disadvantaged is being put at risk;

·        The ability to hold the Government and other institutions to account is essential to the rule of law. We take great care in any approach to reduce access to judicial review. It is a small price to pay for a democratic and just society.

This Council opposes the Government’s proposed restrictions to seek legal aid entitlement and fears that this may have a detrimental impact on the functions of Oxfordshire County Council and local people’s ability to seek redress against the Council and in legal proceedings initiated by the Authority for trading standards and child protection cases.

It is essential that local people subject to these proceedings have access to proper legal representation of which legal aid is an essential part.

The reputation of the courts as defenders of liberty and justice will be undermined and recourse to law will become restricted to a wealthy elite.

Social stability rests on a rock that justice is available to all. That social cohesion that we have taken for granted for generations is in danger if we undermine people’s ability to seek legal redress.

The Council therefore calls upon the Chief Executive to make the opinions and concerns of the Council on this matter known to the Lord Chief Justice and the relevant Government Ministers of State.”

Councillor Williams moved and Councillor Coates seconded the following motion:

“This Council agrees with Lord Neuberger, President of the Supreme Court who said:

(The Guardian 18/06/2013)

·                    Access to justice for all - particularly the poor, the vulnerable and the disadvantaged is being put at risk;

·                    The ability to hold the Government and other institutions to account is essential to the rule of law. We take great care in any approach to reduce access to judicial review. It is a small price to pay for a democratic and just society.

This Council opposes the Government’s proposed restrictions to seek legal aid entitlement and fears that this may have a detrimental impact on the functions of Oxfordshire County Council and local people’s ability to seek redress against the Council and in legal proceedings initiated by the Authority for trading standards and child protection cases.

It is essential that local people subject to these proceedings have access to proper legal representation of which legal aid is an essential part.

The reputation of the courts as defenders of liberty and justice will be undermined and recourse to law will become restricted to a wealthy elite.

Social stability rests on a rock that justice is available to all. That social cohesion that we have taken for granted for generations is in danger if we undermine people’s ability to seek legal redress.

The Council therefore calls upon the Chief Executive to make the opinions and concerns of the Council on this matter known to the Lord Chief Justice and the relevant Government Ministers of State.”

Following debate the motion was put to the vote and was lost by 32 votes to 28.

“Given that youth unemployment is now an extremely serious issue with damaging long term social and personal consequences, Oxfordshire County Council  should  seek to establish from its suppliers that they have employees drawn from all age cohorts and do not neglect young people.

Numerous themes for contract compliance already exist but the County Council as a part of its financial and budgetary and social responsibility asks the Cabinet to strengthen its commitment to youth employment by considering ways by which the County Council can secure that any contracting organisation or company has a firm commitment to ensuring a reasonable proportion of the its workforce are under the age of 23. (applicable  to all concerns with a workforce of 25 or more) and to seek ways to achieve a performance of at least 5% by those contrators.”

The time being 3.30 pm the meeting closed and therefore the motions from Councillors Williams and Christie were considered dropped in accordance with Council Procedure Rule 15.1.