Agenda, decisions and minutes

To approve the minutes of the meeting held on 10 July 2018 (CC1) and to receive information arising from them.

The Minutes of the Meeting held on 10 July 2018 were approved and signed subject to the figure for the number of Finnish Teachers set out in Annex 2, page 19 being amended to read 1, and to ‘Susanne’ being changed to ‘Suzanne’ on page 9.

Matters Arising

In relation to Minute 226/18, Councillor Constance reported that the Agency Agreement had now been signed and undertook to circulate guidance for Councillors as soon as it was available.

Apologies for absence were received from Councillors Mrs. Anda Fitzgerald O’Connor, Gawrysiak and Handley.

Councillor Howson declared a personal interest in Agenda Item 16 (Motion by councillor Kieron Mallon) by virtue of his position of Vice President of the Magistrates Association for England and Wales.

The Chairman reported as follows:

The Chairman reminded members that she would be holding her Chairman’s Dinner on Friday 23 November and that invites would be sent out shortly.

Council paid tribute to Peter Clark, thanking him for his time with the Authority, most notably as Chief Executive;

Council Congratulated Staff and paid tribute to Tim Stimpson on the very successful Open Doors event.

(a)          Council is asked to note the following:

The Leader of the Council has given notice of a number of changes to Cabinet Member portfolios and membership. There will no longer be a post of Cabinet Member for Public Health & Education with the responsibilities transferring to the newly named Cabinet Members for Adult Social Care & Public Health and Education & Cultural Services respectively. See the new and revised portfolios below which will come into effect on 1 September.

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

RESOLVED:  to note the following appointments:

The Leader of the Council had given notice of a number of changes to Cabinet Member portfolios and membership. There would no longer be a post of Cabinet Member for Public Health & Education with the responsibilities transferring to the newly named Cabinet Members for Adult Social Care & Public Health and Education & Cultural Services respectively. The new and revised portfolios below came into effect on 1 September 2018.

Horton HOSC

:

Councillor Fatemian

Councillor Rooke

Councillor Kieron Mallon

District Councillor Owen

District Councillor Gaul

District Councillor Woodcock

District Councillor Richards

County Councillor Baker

(representing Northamptonshire)

County Councillor Redford

(representing Warwickshire)

Mr Keith Ruddle – Co-opted Member

Audit & Governance Committee

Councillor Glynis Phillips to replace Councillor Helen Evans.

Cherwell Partnership Working Group

Councillor Ted Fenton

Councillor Ian Hudspeth

Councillor Jeanette Matelot

Councillor Liz Brighouse

Councillor Liz Leffman

Council received a Petition from Sixth Form Pupils at Burford School requesting that the Council reduce the speed limit outside the school entrance from 40 mph to 30 mph to bring it in line with all other schools in Oxfordshire and to ensure the safety of the pupils.

The Petition was referred to the Director for Communities

The Operating Model is a detailed description of how the Council will work in the future, with the key aims of putting better outcomes for residents and the delivery of the Thriving Communities Vision at the centre of all plans and operations.

Development activity since March has produced a detailed design for the Operating Model and Cabinet is due to consider the proposal on 18 September 2018.

Ahead of that meeting, Council is invited to discuss the proposals within the Operating Model through a Themed Debate.

The draft Cabinet Report and Annexes, including an Executive Summary for the full Business Case for the Target Operating Model are attached at (CC9).

The Full Business case (330 pages) can be found on the Website www.oxfordshire.gov.uk or a copy can be obtained on request from deborah.miller@oxfordshire.gov.uk

The Council had before it proposals for an Operating Model which was a detailed description of how the Council would work in the future, with the key aim of putting better outcomes for residents and the delivery of the Thriving Communities Vision at the centre of all plans and operations.

Development activity since March had produced a detailed design for the Operating Model and Cabinet was due to consider the proposal on 18 September 2018.

Ahead of that meeting, Council had been invited to discuss the proposals within the Operating Model through a Themed Debate.

Overall, Council was supportive of the case for change and noted the opportunities that members had been given to understand and engage with the development programme thus far.

Council raised issues around the following themes which were summarised  for the attention of Cabinet at their meeting on 18 September 2018:

Digital access –Some members stressed the importance of considering accessibility issues, particularly for vulnerable residents and for those with various challenges with communication. Accessibility for those whose preference was on-line access was also considered. The importance of assisted digital and alternative channels was raised, including access via the library network. The importance of user testing and good system design was highlighted.

Implementation issues - Several issues were identified associated with implementation including:

·                Deliverability of IT projects and the importance of strategic planning for IT systems rather than piecemeal development.

·                The importance of pilots and testing and the need to upgrade the Council’s website.

·                Risk that the voluntary and community sector might not be in a position to support delivery of the pre-front door layer.

·                That unless the final offer was high quality and that investment was maintained, staff might find alternative ways of working and the benefits would be lost.

·                That implementation contracts needed to incorporate clear performance indicators and exit clauses to manage risk.

·                Concerns that implementation needed to be fully owned by Council staff and members and that engagement of external advisors might make that less likely.

·                That the scale of the programme meant that timescales were likely to be longer than those set out.

·                That the right internal team needed to be in place to manage the process and that contingency plans were in place for when things go wrong.

·                Questions on how the Integrated Business Centre (IBC) would interact with the new Operating Model.

Impact on staff – Issues raised included the impact of redundancy on individuals, the risks of losing the knowledge of longstanding members of staff, the specific risks of loss of professional staff and the risks of major changes in staffing having an impact on positive culture. The concern was raised that managing the link between vacant posts created through staff turn-over, and those at risk through the process, was not straight-forward. Members noted that it was important for business continuity to maintain key staff in key positions throughout the change. Good business continuity planning was advocated. The impact on staff morale of regular change was raised  ...  view the full minutes text for item 10/18

Report by Director for Law & Governance and Monitoring Officer (CC10).

Cabinet agreed on 4 June 2018 to enter into a joint working arrangement with Cherwell District Council.  These arrangements are governed by a formal “Section113 Agreement”. 

Section 113 of the Local Government Act 1972 enables local authorities to enter into agreements with one another for the placing at the disposal of each other their respective officers for carrying out their respective functions. The Section 113 Agreement establishes a structure to enable proposals for joint working to be approved with the necessary Member oversight.  

The Section 113 Agreement envisages that the two Councils will establish “such joint committees to facilitate joint appointments working as agreed by the two councils”.

It is proposed that Council appoint two such Joint Committees as follows:

·      Joint Personnel Committee – to take decisions on certain staffing matters arising from and necessary for implementing, the shared service approach;

·      Joint Appeals Committee – to hear and determine staffing appeals arising from the shared service proposals.

Council is RECOMMENDED to:

(a)             establish a Joint Personnel Committee and a Joint Appeals Committee;

(b)             delegate to the Audit and Governance Committee the decision to approve the final Terms of Reference of both of the Joint Committees;

(c)             ask the Director of Law and Governance to exercise his delegated authority to give effect to the wishes of Group Leaders and to make appointments to these Joint Committees; and

(d)             ask the Monitoring Officer to exercise his delegated authority to make the necessary and consequential changes to the Constitution to reflect these decisions.

Cabinet agreed on 4 June 2018 to enter into a joint working arrangement with Cherwell District Council.  The arrangements were governed by a formal “Section113 Agreement”.  Section 113 of the Local Government Act 1972 enabled local authorities to enter into agreements with one another for the placing at the disposal of each other their respective officers for carrying out their respective functions. The Section 113 Agreement established a structure to enable proposals for joint working to be approved with the necessary Member oversight.  

Council had before it a report which sought approval to appoint two Joint Committees:

·      Joint Personnel Committee – to take decisions on certain staffing matters arising from and necessary for implementing, the shared service approach;

·      Joint Appeals Committee – to hear and determine staffing appeals arising from the shared service proposals.

Councillor Ian Corkin moved and Councillor Ian Hudspeth seconded that the recommendations set out in the report and on the face of the Agenda be approved.

Following debate, the motion was put to the vote and was carried by 56 votes to 1.

RESOLVED: (56 votes to 1)  to:

(a)             establish a Joint Personnel Committee and a Joint Appeals Committee;

(b)             delegate to the Audit and Governance Committee the decision to approve the final Terms of Reference of both of the Joint Committees;

(c)             ask the Director of Law and Governance to exercise his delegated authority to give effect to the wishes of Group Leaders and to make appointments to these Joint Committees; and

(d)             ask the Monitoring Officer to exercise his delegated authority to make the necessary and consequential changes to the Constitution to reflect these decisions.

Report of the Cabinet Meeting held on 17 July 2018 (CC11).

The Council received the Report of the Cabinet.

In relation to paragraph 4 (Performance Scrutiny Household Recycling Deep Dive Recommendations) Question to Councillor Constance from Councillor John Sanders, Councillor Constance undertook to provide Councillor Sanders with a written answer detailing what income was generated from the charging of certain non-Household recycling at the recycling centres against the cost of additional fly-tipping?

In relation to paragraph 6 (Capital Programme Monitoring Report) Question to Councillor Reeves from Councillor Phillips, Councillor Reeves undertook to either meet with Councillor Phillips or to provide Councillor Phillips with a written answer detailing what progress had been made in moving the Children from Maltfield House.

In relation to paragraph 6 (Capital Programme Monitoring Report) Question to Councillor Bartholomew from Councillor Roberts, Councillor Bartholomew undertook to provide Councillor Roberts with a written answer detailing whether the basic needs programme had been looked at to ascertain whether any items have already met or failed to meet their purpose.

“This Council is concerned about the widely reported over use of combined sewer overflows which should only discharge untreated sewage into our rivers in exceptional conditions. It appears that this has not been the case and these sewage overflows are used much more frequently.

The Council is aware the Windrush and all but one of Oxfordshire’s rivers are receiving treated effluent which is greatly inferior to that which is required for rivers in Sites of Special Scientific Interest, for example:

The River Windrush and about 80% of British rivers are failing to achieve the good health standard required by the European Water Framework directive. There is a real risk that such rivers run the risk of turning from assets to liabilities for our communities and businesses. The potential designation of the Cotswolds as a National Park makes this even more pertinent for Oxfordshire.

Council calls for the Leader to write to the Minister for the Environment, the Chief Executive Officer of Thames Water and the Head of the Environment Agency, supporting the long and short term aims to fight Against Sewage Pollution in our rivers. The focus of this motion is on the Windrush but its success will impact positively on all of Oxfordshire’s river and streams affected by sewage pollution.”

Councillor Nick Field-Johnson moved and Councillor Liz Leffman seconded the following motion:

“This Council is concerned about the widely reported over use of combined sewer overflows which should only discharge untreated sewage into our rivers in exceptional conditions. It appears that this has not been the case and these sewage overflows are used much more frequently.

The Council is aware the Windrush and all but one of Oxfordshire’s rivers are receiving treated effluent which is greatly inferior to that which is required for rivers in Sites of Special Scientific Interest, for example:

The River Windrush and about 80% of British rivers are failing to achieve the good health standard required by the European Water Framework directive. There is a real risk that such rivers run the risk of turning from assets to liabilities for our communities and businesses. The potential designation of the Cotswolds as a National Park makes this even more pertinent for Oxfordshire.

Council calls for the Leader to write to the Minister for the Environment, the Chief Executive Officer of Thames Water and the Head of the Environment Agency, supporting the long and short term aims to fight Against Sewage Pollution in our rivers. The focus of this motion is on the Windrush but its success will impact positively on all of Oxfordshire’s river and streams affected by sewage pollution.”

Following debate, the motion was put to the vote and was carried by 58 votes to 0.

RESOLVED: (unanimous) accordingly.

“The impact of Brexit (hard or soft) will affect all Oxfordshire residents.

This Council believes that with Brexit fast approaching, it is both sensible and realistic that the potential risks and impact of Brexit on Oxfordshire - good and bad, short term and long term - are fully understood as far as is possible and aired in public together with detailed discussion on how these impacts can be mitigated.

To achieve this, this Council undertakes to organize and co-ordinate a public conference/symposium in autumn 2018 in which Oxfordshire’s experts and leaders in business, science, engineering, education, social services and other areas are invited to participate, together with elected representatives at all levels. As the largest organisation in the County representing most of the interests most likely to be affected, OCC is uniquely placed to lead this initiative by immediately setting up a Cross Party Working Group. The findings and conclusions of the symposium would be presented as a report to full Council and other authorities.”

Councillor Richard Webber moved and Councillor Laura Price seconded the following Motion:

“The impact of Brexit (hard or soft) will affect all Oxfordshire residents.

This Council believes that with Brexit fast approaching, it is both sensible and realistic that the potential risks and impact of Brexit on Oxfordshire - good and bad, short term and long term - are fully understood as far as is possible and aired in public together with detailed discussion on how these impacts can be mitigated.

To achieve this, this Council undertakes to organize and co-ordinate a public conference/symposium in autumn 2018 in which Oxfordshire’s experts and leaders in business, science, engineering, education, social services and other areas are invited to participate, together with elected representatives at all levels. As the largest organisation in the County representing most of the interests most likely to be affected, OCC is uniquely placed to lead this initiative by immediately setting up a Cross Party Working Group. The findings and conclusions of the symposium would be presented as a report to full Council and other authorities.”

Following debate, the Motion was put to the vote and was lost by 30 votes to 27.

RESOLVED:  accordingly.

“Council fully supports the requirement for meaningful public consultation following the suggestion of any significant change of provision by any of Oxfordshire's NHS healthcare providers, including the closure of community hospital beds and GP surgeries, prior to any decisions being made by the Oxfordshire Clinical Commissioning Group (OCCG).

Consultation on phase two of the sustainability and transformation plan, which was promised would happen two years ago, will not now take place.  The CCG refuse to say how or when any consultation will take place regarding the future of Oxfordshire's community health service provision.

Communities across Oxfordshire are left in limbo regarding the future of their local health services, and Council calls on the Leader of the Council to write to the OCCG requesting that they publish their future plans as a matter of extreme urgency.”

Councillor Alison Rooke moved and Councillor Jenny Hannaby seconded the following motion:

“Council fully supports the requirement for meaningful public consultation following the suggestion of any significant change of provision by any of Oxfordshire's NHS healthcare providers, including the closure of community hospital beds and GP surgeries, prior to any decisions being made by the Oxfordshire Clinical Commissioning Group (OCCG).

Consultation on phase two of the sustainability and transformation plan, which was promised would happen two years ago, will not now take place.  The CCG refuse to say how or when any consultation will take place regarding the future of Oxfordshire's community health service provision.

Communities across Oxfordshire are left in limbo regarding the future of their local health services, and Council calls on the Leader of the Council to write to the OCCG requesting that they publish their future plans as a matter of extreme urgency.”

Following debate, the motion was put to the vote and was carried by 53 votes to 0 (unanimously).

RESOLVED:  (unanimous) accordingly.

"The current CEO of Network Rail, Mark Carne has stated that the organisation should end its scrapyard mentality.  Thus far nothing has happened.  The Council therefore calls on the Leader of the Council to write to Network Rail calling for effective action to clear up the County's railway system from the piles of discarded rails, left over base tubes and all the other metallic detritus currently disfiguring it.  The metal concerned is high quality steel and has a high scrap value, the proceeds of which could be reinvested in the County's Railway Network."

Councillor Bob Johnston moved and Councillor John Howson seconded the following motion:

"The current CEO of Network Rail, Mark Carne has stated that the organisation should end its scrapyard mentality.  Thus far nothing has happened.  The Council therefore calls on the Leader of the Council to write to Network Rail calling for effective action to clear up the County's railway system from the piles of discarded rails, left over base tubes and all the other metallic detritus currently disfiguring it.  The metal concerned is high quality steel and has a high scrap value, the proceeds of which could be reinvested in the County's Railway Network."

The motion was put to the vote and was carried by 53 votes to 0 (unanimously).

RESOLVED:  (unanimous) accordingly.

“This Council decries the Ministry of Justice's decision to close the Banbury Magistrates' and County Court.

This Council notes that "the Banbury Court" is an integral part of the fabric of the town, and is already a combined justice centre hearing both civil and criminal cases. The Council therefore rejects any suggestion that it is underused and further observes that the Banbury Magistrates' and County Court provides an important alternative venue for criminal and civil justice, both in Oxfordshire and the surrounding counties, given the high volume of cases now heard out of Oxford.

This Council further notes the additional pressure that the closure would place on the Oxford Combined Court Centre and considers that further centralisation of services to Oxford will put additional strain on City congestion and, notably, on local Banbury people and those in the surrounding area in need of access to justice, including the elderly, families with young children or without independent means of transport and those on low incomes.

 Accordingly, this Council instructs the Leader to write to the Ministry of Justice to engage with local councils, particularly in light of the joint strategic partnership now in train between Oxfordshire County Council and Cherwell District Council, with a view to exploring the options of utilising space in public buildings to continue supporting locally administered justice and the needs of the people of North Oxfordshire, and the neighbouring counties.”

Councillor Kieron Mallon moved and Councillor John Howson seconded the following motion:

“This Council decries the Ministry of Justice's decision to close the Banbury Magistrates' and County Court.

This Council notes that "the Banbury Court" is an integral part of the fabric of the town, and is already a combined justice centre hearing both civil and criminal cases. The Council therefore rejects any suggestion that it is underused and further observes that the Banbury Magistrates' and County Court provides an important alternative venue for criminal and civil justice, both in Oxfordshire and the surrounding counties, given the high volume of cases now heard out of Oxford.

This Council further notes the additional pressure that the closure would place on the Oxford Combined Court Centre and considers that further centralisation of services to Oxford will put additional strain on City congestion and, notably, on local Banbury people and those in the surrounding area in need of access to justice, including the elderly, families with young children or without independent means of transport and those on low incomes.

 Accordingly, this Council instructs the Leader to write to the Ministry of Justice to engage with local councils, particularly in light of the joint strategic partnership now in train between Oxfordshire County Council and Cherwell District Council, with a view to exploring the options of utilising space in public buildings to continue supporting locally administered justice and the needs of the people of North Oxfordshire, and the neighbouring counties.”

Following debate, the Motion was put to the vote and carried unanimously (50 votes to 0).

RESOLVED: (unanimous) accordingly.