Agenda and minutes

Apologies were received from Councillors Chapman and Heathcoat.

To approve the minutes of the meeting held on 16 October 2012 (CA3) and to receive information arising from them.

The Minutes of the meeting held on 16 October 2012 were agreed subject to the following correction:

Page 3 – 2^nd paragraph: Councillor Roz Smith asked the supplementary question on monitoring arrangements and not Councillor Jenny Hannaby.

Councillor Roz Smith, speaking as a local Councillor on Minute No112/12 commented that as yet nothing was in place to exempt hospital workers from the Park & Ride charge. Councillor Rose replied that information was awaited from the hospital on registration numbers and the Council would continue to work on it. Councillor Smith would be kept updated.

Any county councillor may, by giving notice to the Proper Officer by 9 am two working days before the meeting, ask a question on any matter in respect of the Cabinet’s delegated powers.

The number of questions which may be asked by any councillor at any one meeting is limited to two (or one question with notice and a supplementary question at the meeting) and the time for questions will be limited to 30 minutes in total. As with questions at Council, any questions which remain unanswered at the end of this item will receive a written response.

Questions submitted prior to the agenda being despatched are shown below and will be the subject of a response from the appropriate Cabinet Member or such other councillor or officer as is determined by the Cabinet Member, and shall not be the subject of further debate at this meeting. Questions received after the despatch of the agenda, but before the deadline, will be shown on the Schedule of Addenda circulated at the meeting, together with any written response which is available at that time.

Councillor Zoe Patrick had given notice of the following question to Councillor Ian Hudspeth

“What progress has been made on proposals for City and Central Oxfordshire Bid deal:

i. The geographical area to be covered by central Oxfordshire; and

ii. The governance arrangements that have to be submitted to the coalition Government by 15 January?”

Councillor Hudspeth replied:

“i) The Government's City Deal Prospectus is quite clear that the functional economic area should be the focus of bids coming forward for Wave 2. Consequently, the Oxfordshire bid will cover the County with a specific reference to the growth areas, namely Bicester, Oxford and Science Vale UK.

ii) The governance arrangements will build on the collaborative work undertaken in recent years by the Spatial Planning & Infrastructure Partnership (SPIP) Board and the linkages that are now in place with the Local Enterprise Partnership. Partners will be exploring how these arrangements might be developed further when developing the detail of the bid for submission on 15 January."

Supplementary: Councillor Patrick asked who would be the lead in putting the bid forward. The Leader replied that the bid was a collaborative effort co-ordinated through Oxford City Council. County Council officers were working on the bid and all of the District Councils and the Local Enterprise Partnership would be involved. He emphasised that although it was termed a City Deal it was for the Oxford City work area and that included all of Oxfordshire.

The following requests to address the meeting had been agreed:

Item 3 - Councillor Roz Smith on Minute 112/12

Item 6 – Deborah Glass-Woodin, local resident

Susie Bagnall, Head Teacher, St Ebbes

Item 7– Councillor Roz Smith, as local Councillor

Councillor Liz Brighouse, as Local Councillor

Mayte Siswick, Chair of Governors for Windmill School

Andrea Bird, local resident

Natalie Poynter, local resident

Cabinet Member: Education

Forward Plan Ref: 2012/134

Contact: Diane Cameron, School Organisation & Planning Tel: (01865) 816445

Report by Director for Children’s Services (CA6).

As set out under Rule 18(a) of the Scrutiny Procedure Rules, The Chairman of the Council has agreed that this decision is exempt from Call-In as it is deemed urgent and any delay would seriously prejudice the Council’s interests, in that the Cabinet’s role would be negated by referral to the Schools’ Adjudicator if the decision was not taken within two months of the end of the Statutory Notice, in this case being 3 December 2012. 

The proposal is to permanently increase the school admission number at St Ebbe's CE (VA) Primary School from 45 to 60. This means that each year group would consist of up to 60 places, taught in two classes, making a maximum total of 420 pupils.

The school has admitted up to 60 children by local arrangement with Oxfordshire County Council for September 2012, however this arrangement is not permanent. This proposal is to formally change the admission number to 60 on a permanent basis from September 2014.

The current capacity of the school is 315 and the proposed capacity will be 420. The current admission number for the school is 45 and the proposed admission number will be 60.      

The decision is referred to the Cabinet at the meeting on 27th November 2012.

The Cabinet is RECOMMENDED to approve the permanent expansion of St Ebbe’s CE (A) Primary School with effect from 1 September 2014.

Cabinet considered a report detailing a proposal to permanently increase the school admission number at St Ebbe's Church of England (Aided) Primary School from 45 to 60.

Deborah Glass-Woodin, local resident, spoke against the proposed expansion querying in whose interest it was to have a bigger school as in her view bigger did not mean better educationally or otherwise. Important community aspects of the school would be lost. She queried who was in favour of the expansion referring to the significant opposition to the proposal. Governors had only voted for it as a means of addressing the anomaly of mixed year teaching  brought about by 1.5 forms of entry.

In response to a question from Councillor Tilley about the evidence that larger schools were worde educationally Mrs Glass-Woodin referred to anecdotal evidence and her own experience of Oxfordshire Schools. She believed that the evidence was available if sought out.

Ms Susie Bagnall, Head Teacher St Ebbe’s CE(A) Primary School spoke in support of the expansion as it would meet local demand, the room was available to build and the parents forum were in favour as it would remove mixed age teaching. She highlighted that it would not result in larger class sizes nor in a higher pupil/adult ratio. In her view as Head Teacher it would not be educationally disadvantageous.

In response to a question from Councillor Tilley, Ms Bagnall confirmed that the School had taken 15 additional pupils this year under a temporary agreement and if the expansion was agreed it would take place over a phased period.

RESOLVED:                        to approve the permanent expansion of St Ebbe’s CE (A) Primary School with effect from 1 September 2014.

N.B. As set out under Rule 18(a) of the Scrutiny Procedure Rules, The Chairman of the Council has agreed that this decision is exempt from Call-In as it is deemed urgent and any delay would seriously prejudice the Council’s interests, in that the Cabinet’s role would be negated by referral to the Schools’ Adjudicator if the decision was not taken within two months of the end of the Statutory Notice, in this case being 3 December 2012. 

Cabinet Member: Education

Forward Plan Ref: 2012/090

Contact: Diane Cameron, School Organisation Officer, Tel: (01865) 816445

Report by Director for Children’s Services (CA7).

The proposal is to permanently increase the school admission number at Windmill Primary School from 60 to 90. This means that each year group would consist of up to 90 places, taught in three classes, making a maximum total of 630 pupils an increase from the current capacity of 510.

The school has admitted up to 90 children by local arrangement with Oxfordshire County Council for September 2011 and 2012, however this arrangement is not permanent. This proposal is to formally change the admission number to 90 on a permanent basis from September 2014. The school has a published admission number of 60 for September 2013 but will admit up to 90 children should this proposal be approved.

The Cabinet is RECOMMENDED to approve the publication of a statutory notice for the expansion of Windmill Primary School, Oxford.

Cabinet considered a proposal to permanently increase the school admission number at Windmill Primary School from 60 to 90.

Ms Mayte Siswick, Chair of Governors for Windmill School, expressed regret that the Council had not put contingency plans in place earlier to deal with the increase in pupil numbers. Ms Siswick expressed concerns about traffic problems and asked that a full traffic survey be undertaken. Referring to the traffic situation with the earlier middle school was not a fair comparison as middle school children were more likely to come on foot. With more women working, more people with cars and children being more likely to be dropped off by parents traffic had increased quite considerably. Ms Siswick was disappointed that the concerns expressed were being dismissed and hoped that the decision to proceed would only be made if money was put in for the transition. The Governors were willing to work with the Local Authority but would fight if it was not implemented satisfactorily.

Ms Andrea Bird, local resident referred to increasing traffic problems. Drivers were behaving increasingly aggressively. There was a national trend that fewer 5-11 year olds went to school on their own. The housing developments were relevant because they would exacerbate the traffic problems. The area also had a concentration of hospitals and employment sites making it unique in the level of traffic using residential roads. It was irresponsible to proceed without a traffic survey. The County of Oxfordshire had some issues over educational attainment and she felt that the expansion jeopardised a good school. She felt that there was no benefit to pupils being in a big school.

Natalie Poynter, local resident, spoke against the proposal  and stated that Windmill School was a successful 2 form entry school, where children knew each other. The proposal would create the first 3 form entry school in Oxford City and many local people did not want it. She referred to two new schools that were not 3 form entry and felt that with them there was now no critical need to expand Windmill School. She referred to possible problems in a larger school including small group work in corridors and children’s needs being overlooked. Responding to a request for clarification from Councillor Tilley Ms Poynter referred to the consultation figures set out in the report.

Councillor Roz Smith, as local Councillor and Vice-Chairman of the Board of Governors referred to the eloquence of the concerns expressed so far. She recognised the need to build to fulfil Oxfordshire priorities but stressed the importance that it be done properly. A large capital expense would be needed to provide adequate facilities including a suitable hall and kitchen. Going forward there would need to be consideration of secondary school provision. Traffic was a problem and she urged that the Council work closely with Governors.

Councillor Liz Brighouse, as Local Councillor reiterated that the transport issues were real and needed to be addressed. She had opposed previous development in the area because  ...  view the full minutes text for item 123/12

Cabinet Member: Education

Forward Plan Ref: 2012/132

Contact: Diane Cameron, School Organisation & Planning Tel: (01865) 816445

Report by Director for Children’s Services (CA8).

As set out under Rule 18(a) of the Scrutiny Procedure Rules, The Chairman of the Council has agreed that this decision is exempt from Call-In as it is deemed urgent and any delay would seriously prejudice the Council’s interests, in that the Cabinet’s role would be negated by referral to the Schools’ Adjudicator if the decision was not taken within two months of the end of the Statutory Notice, in this case being 30 December 2012. 

The proposal is to permanently increase the school admission number at Botley School from 45 to 60. This means that each year group would consist of up to 60 places, taught in two classes, making a maximum total of 420 pupils an increase on the current capacity of 300.

The school has admitted up to 60 children by local arrangement with Oxfordshire County Council for September 2012, and is published at 60 for 2013, however this arrangement is not permanent. This proposal is to formally change the admission number to 60 on a permanent basis from September 2014.

The Cabinet is RECOMMENDED to approve the permanent expansion of Botley School with effect from 1 September 2014.

Cabinet considered a proposal to permanently increase the school admission number at Botley School from 45 to 60.

RESOLVED:                      to approve the permanent expansion of Botley School

 with effect from 1 September 2014.

N.B. As set out under Rule 18(a) of the Scrutiny Procedure Rules, The Chairman of the Council has agreed that this decision is exempt from Call-In as it is deemed urgent and any delay would seriously prejudice the Council’s interests, in that the Cabinet’s role would be negated by referral to the Schools’ Adjudicator if the decision was not taken within two months of the end of the Statutory Notice, in this case being 30 December 2012. 

Cabinet Member: Education

Forward Plan Ref: 2012/092

Contact: Diane Cameron, School Organisation Officer, Tel: (01865) 816445

Report by Director for Children’s Services (CA9).

The proposal is to permanently increase the school admission number at Five Acres Primary School from 45 to 60. This means that each year group would consist of up to 60 places, taught in three classes, making a maximum total of 420 pupils.

The school has admitted up to 60 children by local arrangement with Oxfordshire County Council for September 2012, however this arrangement is not permanent. This proposal is to formally change the admission number to 60 on a permanent basis from September 2014. The school has a published admission number of 45 for September 2013 but will admit up to 60 children should this proposal be approved.

The current capacity of the school is 315 and the proposed capacity will be 420. The current admission number for the school is 45 and the proposed admission number will be 60.      

The decision is referred to the Cabinet at the meeting on 27th November 2012.

The Cabinet is RECOMMENDED to approve the publication of a statutory notice for the expansion of Five Acres Primary School, Ambrosden.

Cabinet considered a proposal to permanently increase the school admission number at Five Acres Primary School from 45 to 60.

The Cabinet is RECOMMENDED to approve the publication of a statutory notice for the expansion of Five Acres Primary School, Ambrosden.

Cabinet Member: Children & the Voluntary Sector

Forward Plan Ref: 2012/097

Contact: Matthew Edwards, Corporate Parenting Manager Tel: (01865) 323098

Report by Director for Children’s Services (CA10).

This report reviews the performance and outcomes of Looked After Children and Care Leavers (LAC) over the last twelve months. It provides the following information so Cabinet Members can fully understand and exercise their responsibilities as corporate parents:

·                    brief updates on the impact and outcomes of all key services supporting children in and on the edge of care. 

·                    key challenges and pressures on the service

·                    actions taken in response to the All Party Parliamentary Working Group on Children Missing from Care

·                     an overview of recent changes in adoption legislation 

·                    the timetable for the Corporate Parenting Service Review.

The Cabinet is RECOMMENDED to note this report

Cabinet considered a report that reviewed the performance and outcomes of Looked After Children and Care Leavers (LAC) over the last twelve months.

Mr Edwards, in response to Councillor Ian Hudspeth, who highlighted comments from the Children’s Services Scrutiny Committee that schools be made aware of the benefits of one to one tuition for children in care, replied that there was now much closer individual monitoring to identify issues as they occurred.

RESOLVED:                        to note the report.

Cabinet Member: Leader

Forward Plan Ref: 2012/099

Contact: Hannah Doney, Financial Manager – Treasury Management Tel: (01865) 323988

Report by Assistant Chief Executive & Chief Finance Officer (CA11).

The report sets out the Treasury Management activity undertaken in the first half of the financial year 2012/13 in compliance with the CIPFA Code of Practice.  The report includes Debt and Investment activity, Prudential Indicator monitoring, changes in Strategy, and forecast interest receivable and payable for the financial year.

The Cabinet is RECOMMENDED to note the report, and to RECOMMEND Council to note the Council’s Mid Term Treasury Management Review 2012/13.

Cabinet considered a report that  set out the Treasury Management activity undertaken in the first half of the financial year 2012/13 in compliance with the CIPFA Code of Practice.  The report included Debt and Investment activity, Prudential Indicator monitoring, changes in Strategy, and forecast interest receivable and payable for the financial year.

RESOLVED:                        to note the report, and to RECOMMEND Council to note the Council’s Mid Term Treasury Management Review 2012/13.

Cabinet Member: Deputy Leader

Forward Plan Ref: 2012/096

Contact: Sue Corrigan, Strategic HR Manager Tel: (01865) 810280

Report by Head of Human Resources (CA12).

This report gives an update on staffing numbers and related activity during the period 1 July 2012 to 30 September 2012.  It gives details of the agreed staffing numbers and establishment at 30 September 2012 in terms of Full Time Equivalents.  These are also shown by directorate in Appendix 1. In addition, the report provides information on vacancies and the cost of posts being covered by agency staff.

The report also tracks progress on staffing numbers since 1 April 2010 as we implement our Business Strategy.

The Cabinet is RECOMMENDED to:

(a)       note the report;and

(b)        confirm that the Staffing Report meets the Cabinet’s requirements in reporting and managing staffing numbers.

Cabinet received a report that gave an update on staffing numbers and related activity during the period 1 July 2012 to 30 September 2012.  It gave details of the agreed staffing numbers and establishment at 30 September 2012 in terms of Full Time Equivalents. In addition, the report provided information on vacancies and the cost of posts being covered by agency staff.

and tracked progress on staffing numbers since 1 April 2010 as the Business Strategy.is implemented

RESOLVED:                   to:

(a)       note the report;and

(b)       confirm that the Staffing Report meets the Cabinet’s requirements in reporting and managing staffing numbers.

Cabinet Member: All

Contact Officer: Sue Whitehead, Committee Services Manager (01865 810262)

The Cabinet Procedure Rules provide that the business of each meeting at the Cabinet is to include “updating of the Forward Plan and proposals for business to be conducted at the following meeting”.   Items from the Forward Plan for the immediately forthcoming meetings of the Cabinet appear in the Schedule at CA13.  This includes any updated information relating to the business for those meetings that has already been identified for inclusion in the next Forward Plan update.

The Schedule is for noting, but Cabinet Members may also wish to take this opportunity to identify any further changes they would wish to be incorporated in the next Forward Plan update.

The Cabinet is RECOMMENDED to note the items currently identified for forthcoming meetings.

The Cabinet considered a list of items for the immediately forthcoming meetings of the Cabinet together with changes and additions set out in the schedule of addenda.

RESOLVED:            to note the items currently identified for forthcoming meetings.

RESOLVED:                        that the public be excluded for the duration of items 14 and15 in the Agenda since it is likely that if they were present during those items there would be disclosure of exempt information as defined in Part I of Schedule 12A to the Local Government Act 1972 (as amended) and specified in relation to the respective items in the Agenda and it is considered that, in all the circumstances of each case, the public interest in exemption outweighs the public interest in disclosing the information.

PUBLIC SUMMARY OF PROCEEDINGS FOLLOWING THE WITHDRAWAL OF THE PRESS AND PUBLIC

Cabinet Member: Growth & Infrastructure

Forward Plan Ref: 2012/088

Contact: Andrew Pau, Head of Waste Management Tel: (01865) 815867

Report by Deputy Director for Environment & Economy – Growth & Infrastructure (CA14).

The information contained in Annex 1 is exempt in that it falls within the following prescribed category:

3    –    information relating to the financial or business affairs of any particular person (including the authority holding that information)

It is considered that in this case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, in that such disclosure would distort the proper process of the transaction and the Council’s standing generally in relation to such transactions in future, to the detriment of the Council’s ability properly to discharge its fiduciary and other duties as a public authority.

Oxfordshire County Council as a Waste Disposal Authority (WDA) has a responsibility to dispose of residual waste collected by the Waste Collection Authorities (WCAs) and residual waste delivered to Household Waste Recycling Centres (HWRCs).  The Council currently manages approximately 300,000 tonnes of municipal waste per year.

In March 2011 the Council entered into a long term contract for the treatment of residual municipal waste with Viridor Oxfordshire Ltd (Viridor) who are constructing an energy from waste (EfW) facility at Ardley in north Oxfordshire. Under the terms of the contract all residual municipal waste that is processable must be delivered for treatment at the EfW facility once it is operational which is currently estimated to be in autumn 2014. 

A procurement process has been undertaken to secure a bulking and haulage service for residual municipal waste from the districts of South Oxfordshire, Vale of White Horse, West Oxfordshire and the northern part of Cherwell to ensure that waste can be delivered to the EfW facility efficiently from those parts of the county that are furthest away from Ardley.

The tenders submitted have been subject to rigorous evaluation using technical and financial criteria, including consideration of the implications for the WCAs who will be delivering to waste transfer stations. The results of the evaluation demonstrate that good technical and value for money solutions can be provided for each lot and authorisation is sought to award contracts for municipal waste bulking and haulage services.

The Cabinet is RECOMMENDED to note the outcome of the evaluation and endorse the award of contracts for the provision of residual municipal waste bulking and haulage services as follows;

(a)               Lot 1 northern part of Cherwell to Tenderer 2 on the basis of their variant 2 tender ;

(b)              Lot 2 South Oxfordshire and Lot 3 Vale of White Horse to Tenderer 1 on the basis of their variant 2 tender; and

(c)               Lot 4 West Oxfordshire to Tenderer 1 on the basis of their compliant tender.

The information contained in Annex 1 is exempt in that it falls within the following prescribed category:

3    –    information relating to the financial or business affairs of any particular person (including the authority holding that information)

It is considered that in this case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, in that such disclosure would distort the proper process of the transaction and the Council’s standing generally in relation to such transactions in future, to the detriment of the Council’s ability properly to discharge its fiduciary and other duties as a public authority.

Cabinet considered the results of a procurement process undertaken to secure a bulking and haulage service for residual municipal waste from the districts of South Oxfordshire, Vale of White Horse, West Oxfordshire and the northern part of Cherwell to ensure that waste can be delivered to the Energy from Waste (EfW) facility efficiently from those parts of the county that are furthest away from Ardley.

Councillor Mathew, as a local Councillor highlighted two points that could affect his area.

RESOLVED:             to defer the decision deferred pending further clarification.

Cabinet Member: Education

Forward Plan Ref: 2012/138

Contact: Simon Pickard, Finance Business Partner, CEF Tel: (01865) 797512

Report by Director for Children’s Services (CA15).

The information contained in Annex 1 is exempt in that it falls within the following prescribed category:

3    –    information relating to the financial or business affairs of any particular person (including the authority holding that information)

It is considered that in this case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, in that such disclosure would distort the proper process of free negotiations between the authority with another party for the purposes described and would prejudice the position of the authority in those negotiations and other negotiations of a similar nature in future.

The majority of Oxfordshire academies are likely to be formed as converter academies by decision of the governing body under Academies Act 2010. These academies generally convert with no redundancies and take all existing assets and liabilities of the school with them as they convert.

Some schools are however directed to become academies due to having been identified as making insufficient progress towards floor targets or underperforming in other ways. The legal arrangements for these conversion (Sponsored Academies) are different to those under Academies Act 2010, and in essence involve closure of the predecessor school and the opening of a new academy in its place. These arrangements applied to the North Oxfordshire Academy, Oxford Academy and Oxford Spires Academy.

This report seeks guidance on the stance that officers should adopt in negotiating binding agreements about past liabilities and future restructuring costs in relation to sponsored academies. A draft set of recommended terms to replace the Department for Education (DfE) standard terms is included in the report.

Two agreements in respect of sponsored academies are currently being sought by DfE and need to be finalised by early December to enable the target transfer date to be achieved.

The information contained in the report is exempt in that it falls within the following prescribed category:

3    –    information relating to the financial or business affairs of any particular person (including the authority holding that information)

It is considered that in this case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, in that such disclosure would distort the proper process of free negotiations between the authority with another party for the purposes described and would prejudice the position of the authority in those negotiations and other negotiations of a similar nature in future.

Cabinet agreed the stance that officers should adopt in negotiating binding agreements about past liabilities and future restructuring costs in relation to sponsored academies.