Agenda and minutes

- guidance note opposite

Councillor Waine declared a personal interest in respect of item 10, Home to School Transport Policy as a member of the Catholic community in Bicester.

To confirm the minutes of the meeting held on 18 May 2010 (CA3) and to receive for information any matters arising therefrom.

The Minutes of the meeting held on 22 June 2010 were approved and

signed.

Any county councillor may, by giving notice to the Proper Officer by 9 am on the working day 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 Jean Fooks had given notice of the following question to the

Cabinet Member for Finance & Property.:

“Is the Cabinet satisfied with the security arrangements at County Hall since the reorganisation of the reception area? Is there a problem with tail-gating through the security screen?”

Councillor Waine:

‘No recorded "incidents" since the creation of the new Reception. Security for the building has been further enhanced by closing off the front doors to Old County Hall, off front car park, connected with recent upgrade to fire safety/replacement fire alarm system.

Staff are reminded each quarter at County Hall Users Group to display identity badges whilst they are on the premises and to be vigilant for potential tailgaters, particularly before and after opening hours.’

Supplementary Question:

Councillor Fooks commented that there were no recorded incidents because reception were not really able to see the doors; she was sure that many people were aware of this happening and asked whether it was a cause for concern?

Councillor Couchman replied that tail-gating was no worse than previously and had always happened. A mirror had been installed so that reception could see people going through the screen. It was incumbent on everyone to wear their identity badges. He was aware that many senior staff did ask that individuals put their badges on.

The following requests to address the meeting had been agreed:

Cabinet Member: Leader

Forward Plan Ref: 2010/014

Contact: Lorna Baxter, Assistant Head of Finance (Corporate Finance) Tel: (01865) 323971

Report by Assistant Chief Executive & Chief Finance Officer (CA6).

This report presents the provisional revenue and capital outturn for 2009/10, identifies and explains how actual expenditure and income for the year compares to the budgeted position, and includes proposals for the allocation of revenue carry forwards in 2010/11.  Figures shown in the report reflect those included in the Council’s Statement of Accounts for 2009/10 which will be submitted to Audit Committee on 30 June 2010, prior to audit.  However, for reporting and presentational purposes some figures may vary. 

The Cabinet is RECOMMENDED to:

(a)               note the provisional revenue and capital outturn set out in the report;

(b)              approve the carry-forwards and virements as set out in Annex 2;

(c)               recommend Council to approve the virements greater than £0.5m for Children, Young People & Families and Social & Community Services Directorates as set out in Annex 2b;

(d)              approve the changes to balances as set out in the table at paragraph 122;

(e)               agree that the surplus in the On-Street Parking Account at the end of the 2009/10 financial year, so far as not applied to particular eligible purposes in accordance with Section 55(4) of the Road Traffic Regulation Act 1984, be carried forward in the account to the 2010/11 financial year (paragraph 137); and

(f)                 approve the creation of new reserves as set out in Annex 4 and paragraphs 125, 135, 136, 140 and 144.

The Cabinet Member for Finance & Property stated that the report showed that it had been a satisfactory year with strategic measures better than expected.

The cabinet member for Schools Improvement  referred to pages 36 and 37 and commented that school deficits had reduced but that carry forwards had not reduced as much as expected. The Schools Forum had been advised that he would be continuing his rigorous analysis of those schools with carry forward.

RESOLVED:             to:

(a)                   note the provisional revenue and capital outturn set out in the report and schedule of addenda including the updated Annex 1, 3b, and 4 to the report;

(b)                   approve the carry-forward and virements as set out in Annex 2;

(c)                    recommend Council to approve the virements greater than £0.5m for Children, Young People & Families and Social & Community Services Directorates as set out in Annex 2b;t

(d)                    approve the changes to balances as set out in the table at paragraph 122 of the report and the updated position as set out  in the schedule of addenda and updated Annex 5;

(e)                   agree that the surplus in the On-Street Parking account at the end of the 2009/10 financial year, so far as not applied to particular eligible purposes in accordance with Section 55(4) of the Road Traffic Regulation Act 1984, be carried forward in the account to the 2010/11 financial year (paragraph 137); and

(f)                      approve the creation of new reserves as set out in Annex 4 and paragraphs 125, 135, 136, 140 and 144.

This is the first financial monitoring report for the 2010/11 financial year and covers the period up to the end of April 2010 for both revenue and capital budgets.  Since it is difficult to forecast the year-end outturn based on a single month of expenditure and income the report focuses on key risk areas and areas of emerging pressures identified by Directorates, along with plans to manage these.  

The Cabinet is RECOMMENDED to:

(a)               note the report;

(b)              approve the virement requests as set out in Annex 1a;

(c)               approve the transfer of £0.087m from the Carry Forward Reserve to the Efficiency Savings Reserve and the release of £0.020m to Social & Community Services as set out in paragraphs 57 and 58;

(d)              approve the transfer of £1.4m Council funding not required for Personal Care at Home to the Efficiencies Reserve as set out in paragraph 15.

Councillor Alan Armitage, Shadow Cabinet Member for Finance & Property commented that in addition to this report he had previously indicated a desire to speak on the preceding report but would make his comments at the Council meeting in July. With regard to financial monitoring he referred to the carbon reduction management which had been redefined to exclude schools and stated that he had asked for written confirmation from officers which he had not yet received. He felt that the process had not been very transparent.

Cabinet noted the amended annexes as set out in the addenda.

RESOLVED:                        to:

(a)               note the report;

(b)               approve the virement requests as set out in Annex 1a;

(c)               approve the transfer of £0.087m from the Carry Forward Reserve to the Efficiency Savings Reserve and the release of £0.020m to Social & Community Services as set out in paragraphs 57 and 58;

(d)               approve the transfer of £1.4m Council funding not required for Personal Care at Home to the Efficiencies Reserve as set out in paragraph 15.

The report shows the council's performance in the four key areas of: customer, projects, finance, and people. Progress against targets is shown by directorate, including a summary of what is going well, what needs to develop, and what requires attention. This is the performance report for Q4 2009/2010.

The Cabinet is RECOMMENDED to note this report.

Cabinet considered a report setting out the council's performance in the four key areas of: customer, projects, finance, and people. Progress against targets is shown by directorate, including a summary of what is going well, what needs to develop, and what requires attention.

Councillor Fooks, Deputy Leader of the Opposition commented that there was some good news reported. She hoped that the temporary resources for climate change adaptation could be made permanent. She suggested that the presentation of the figures be reviewed as the annual information gave a misleading picture. She highlighted the areas of concern that included safeguarding and child protection plans. The Chief Executive replied that this would be the last report in the current format and the new format picked up the annual targets issue. She reassured Members that safeguarding was receiving appropriate attention.

RESOLVED:             to note the report.

Cabinet Member: Leader

Forward Plan Ref: 2010/004

Contact: Jonathan McWilliam, Director of Public Health Tel: (01865) 336707

Report by Director of Public Health (CA9).

This is the fourth Annual Report by a Director of Public Health for Oxfordshire (jointly appointed by the NHS and the County Council).  The recommendations are made for all organisations in Oxfordshire and for the public.

The aims are simple:

1. To report on progress made in the last year and set out challenges for the next year;

2. To galvanise action on five main threats to the future health, wellbeing and prosperity of Oxfordshire; and

3. To add an emphasis on two strongly emerging threats, namely those posed by dementia and alcohol abuse.

The five main long-term threats are:

• Breaking the cycle of deprivation

• An ageing population – the “demographic time bomb”

• Mental health and wellbeing: avoiding a Cinderella service

• The rising tide of obesity

• Fighting killer infections

The threat posed by dementia is described in the chapter on an ageing population.

The threat posed by alcohol abuse takes its place as the sixth long-term threat to health.

Progress will be monitored in future reports.  Long-term success will depend on achieving wide consensus across many organisations.

The Cabinet is RECOMMENDED to recommend the Council to approve and adopt the recommendations in the report.

Cabinet considered the fourth Annual Report by a Director of Public Health for Oxfordshire (jointly appointed by the NHS and the County Council). The recommendations are made for all organisations in Oxfordshire and for the public.

Councillor Patrick, Leader of the Opposition, asked that the phrase ‘demographic time bomb’ be replaced. She was pleased to see that alcohol abuse was being taken seriously and that caring for our carers was receiving attention. For the future there was an issue around food additives that she would wish to see addressed. She also welcomed the work around ‘breaking the cycle of deprivation’ and hoped that it would not be affected by decreases in funding. Particularly important was work to address inequalities in education. The Cabinet Member for Police and Policy Coordination replied that in terms of funding appropriate targeting was most important.

The Director for Public Health reported on progress made in the last year and future challenges; highlighted and urged action on the main threats to the future health, wellbeing and prosperity of Oxfordshire; and emphasised

The threat posed by dementia and alcohol abuse.

Cabinet Members commented on the report as it affected their portfolios and generally welcomed the report and supported the recommendations contained within it.

RESOLVED:             to recommend the Council to approve and adopt the recommendations in the report.

Cabinet Member: Schools Improvement

Forward Plan Ref: 2010/072

Contact: Neil Darlington, Service Manager – Admissions & Transport Tel: (01865) 815844

Report by Director for Children, Young People & Families (CA10).

The current Home to School Transport Policy goes beyond statutory requirements, primarily in the provision made for faith transport and some non Oxfordshire residents. and is inequitable. The proposed Home to School Transport Policy for 2011/12 removes these inequalities, meets all current statutory requirements and would result in significant cost savings. However, in addressing these issues the proposed new policy will have an adverse impact on some families, for example those non-Oxfordshire residents who live in Caversham and those Catholic families in the Bicester area who receive subsidised travel to the Blessed George Napier School, Banbury. An Equality Impact Assessment has been completed for the proposed new policy.

Given that there would be a phased introduction of the proposed policy changes to transport provided on faith grounds the maximum savings related to secondary schools would be realised from September 2015 and for primary schools from September 2017.  At current prices the proposals on faith transport would save a maximum of approximately £639,000 per annum from the academic year 2017/18.

Implementing the proposal on transport to Chiltern Edge School would, at current prices, save approximately £58,000 per annum from 2015/16.

Therefore at current prices the total possible savings per year amount to approximately £697,000 from 2017/18.

It is RECOMMENDED that the Cabinet approves the proposed new Home to School Transport Policy set out in Annex A to the attached report.

Cabinet considered a report setting out a proposed updated Home to School Transport Policy.

The Cabinet Member for Schools Improvement in introducing the report referred to an additional recommendation contained in the addenda that aimed to reduce the financial hardship of the proposed changes.

RESOLVED:             to approve the proposed new Home to School Transport Policy set out in Annex A to the attached report subject to the inclusion of the following provision:

'In recognition of the financial implications for larger families, the cost of concessionary fares on home to school transport will be waived for the third and subsequent children of families where they have more than two children using the same home to school transport service. This is in addition to the circumstances where, due to low income, concessionary fares are already waived'.

Cabinet Member: Growth & Infrastructure

Forward Plan Ref: 2010/086

Contact: Ian Walker, Spatial Planning Manager Tel: (01865) 815588

Report by Head of Sustainable Development (CA 11).

In March this year the Cabinet considered a report on the work with the Homes and Communities Agency to develop a Local Investment Plan (LIP) and Local Investment Agreement (LIA) for Oxfordshire. The LIP was signed off by the Oxfordshire local authorities at the end of March and submitted to the Homes & Communities Agency.

The LIA has been prepared to commit the parties (the HCA and local authorities) to implementing the LIP. The aim is for the LIA to be signed off by the Spatial Planning and Infrastructure Partnership (SPIP) at the end of June, following consideration by meetings of the Cabinet/Executive of the six Oxfordshire local authorities.

The Cabinet is RECOMMENDED to:

(a)                     agree that the County Council enters into the proposed Oxfordshire Local Investment Agreement (LIA); and

(b)                    delegate authority to finalise the wording of the LIA to the Head of Sustainable Development, to be exercised after consultation with the Cabinet Member for Growth and Infrastructure.

Councillor Patrick, as the local Member for Grove & Wantage spoke in support of the report. In the past Grove had been allowed to grow without the provision of proper additional infrastructure such as schools. The planned figures for Grove should not be taken forward unless the secondary school was delivered. The Cabinet member for Growth & Infrastructure replied that it was his understanding that under new arrangements housing numbers would be determined by the District Councils.

Councillor Godden, as the local Member for North Hinksey & Wytham

supported schemes relating to her Division.

The Cabinet Member for Growth & Infrastructure thanked officers for producing a good and useful document that would continue to develop and to be reviewed. It was clear that there was no additional funding from Government for the infrastructure needs identified and the document would provide a useful framework for negotiation across the county to determine priorities.

RESOLVED:             to:

(a)                     agree that the County Council enters into the proposed Oxfordshire Local Investment Agreement (LIA); and

(b)                     delegate authority to finalise the wording of the LIA to the Head of Sustainable Development, to be exercised after consultation with the Cabinet Member for Growth and Infrastructure.

Cabinet Member: Adult Services

Forward Plan Ref: 2010/076

Contact: Lara Fromings, Service Manager, Commissioning & Contracting (Learning Disabilities), Tel: (01865) 323629; Adam Marshall, Unit Manager, Commissioning & Contracting (Learning Disabilities) Tel: (01865) 323635

Report by Director for Social & Community Services (CA12).

(The information contained in Annexes 1 & 2 is ‘exempt information’ 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 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.

The Council is the lead commissioner for health and social care services for adults with Learning Disabilities in Oxfordshire. As part of this responsibility, the Council contracts with Ridgeway Partnership NHS Trust for the provision of community health and inpatient services to meet the specialist health needs of adults with learning disabilities in the County.  This contract expires at the end of December 2010.

In order to meet its responsibilities for the provision of specialist health services for people with learning disabilities in Oxfordshire, the Social & Community Services Directorate (Learning Disability Commissioning & Contracting Team), Legal Services, and County Procurement Team have worked with NHS Oxfordshire to specify and tender this element of service in accordance with the Council's Procurement Rules.

The Cabinet is RECOMMENDED to approve the signing of a contract with Ridgeway Partnership to provide specialist health services for people with Learning Disabilities

Cabinet considered a report for the provision of community health and

inpatient services to meet the specialist health needs of adults with learning disabilities in the County.

RESOLVED:             to approve the signing of a contract with Ridgeway Partnership to provide specialist health services for people with Learning Disabilities.

Cabinet Member: Deputy Leader

Forward Plan Ref: 2010/085

Contact: Sarah Cullimore, 16-19 Education Service Manager, Tel: (01865) 328089; Sandra Higgs, Strategic Leader, 14-19 Oxfordshire, Tel: (01865) 328546

Report by Children, Young People & Families (CA13).

The report seeks approval for exemption from tendering requirements for contracts for the 2010/11 academic year, for seven 16-19 education contracts passed to the Council from the former Learning and Skills Council (LSC) as part of the Council’s new statutory responsibilities for 14-19 education from April 1st 2010, as specified within the Apprenticeships, Skills, Children and Learning Act, 2009.

Summary of the contracts:

-Three contracts are with colleges (total annual value £36.15m);

-One contract is with a higher education Institution (annual value £498,000); and

-Three contracts are with independent training providers (total annual value £593,000).

The Young Peoples Learning Agency (YPLA) has been set up to support and enable local authorities to carry out their new responsibilities and the YPLA is responsible for providing the Council with the funding for these contracts.

The LSC determined the allocations under its own procurement rules prior to the transfer of responsibilities and the YPLA has named the providers which the Council must contract with for the academic year 2010/11. The Council will be bound by grant conditions issued by the YPLA that will specify these individual allocations.

The exemption is requested under rule 5.4.2: No genuine competitive market can be obtained.

The Cabinet is RECOMMENDED to approve exemption from the Council’s Contract Procedure Rules (under rule 5.4.2) for the 2010/11 academic year.

Cabinet considered a report that sought approval for exemption from tendering requirements for contracts for the 2010/11 academic year, for seven 16-19 education contracts passed to the Council from the former Learning and Skills Council (LSC) as part of the Council’s new statutory responsibilities for 14-19 education from April 1st 2010, as specified within the Apprenticeships, Skills, Children and Learning Act, 2009.

RESOLVED:                        to approve exemption from the Council’s Contract Procedure Rules (under rule 5.4.2) for the 2010/11 academic year.

Cabinet Member: Leader

Forward Plan Ref: 2010/057

Contact: Tony Cloke, Assistant Head of Legal & Democratic Services Tel: (01865) 815314, Sue Whitehead, Committee Services Manager Tel: (01865) 810262

Report by Assistant Head of Legal & Democratic Services (CA14).

This report asks the Cabinet to consider member appointments to a variety of bodies which in different ways support the discharge of the Council’s executive functions and to create two new 'Member Champion' positions

The Cabinet is RECOMMENDED to:

(a)               appoint Councillor Lorraine Lindsay-Gale to the position of ‘Heritage Champion’ (in place of Councillor Don Seale);

(b)              create the new position of ‘Motorcyle Champion’ and appoint Councillor Lorraine Lindsay-Gale to that position;

(c)               create the new position of ‘Efficiencies Champion’ and appoint Councillor CH Shouler to that position; and

(d)              agree the remaining appointments as set out in the Annex to this report and, where necessary, make further or substitute appointments.

Cabinet considered a report seeking member appointments to a variety of bodies which in different ways support the discharge of the Council’s executive functions and to create two new 'Member Champion' positions

Councillor Patrick, Leader of the Opposition commented that no other groups had been offered posts as Champions. She queried why reports were not available on the activities of the Champions and suggested other areas that could replace the vacant Older Persons Champion such as Champion for Libraries or Excluded Children.

The Leader replied that it was the decision of the administration that the posts be filled as set down. He proposed that Councillor Peter Jones be appointed to the vacant position of Older People’s Champion.

RESOLVED:             to:

(a)               appoint Councillor Lorraine Lindsay-Gale to the position of ‘Heritage Champion’ (in place of Councillor Don Seale);

(b)               create the new position of ‘Motorcyle Champion’ and appoint Councillor Lorraine Lindsay-Gale to that position;

(c)               create the new position of ‘Efficiencies Champion’ and appoint Councillor CH Shouler to that position; and

(d)               agree the remaining appointments as set out in the Annex to this report subject to the amendment to page 2 of the Annex replacing Councillor Heathcoat with  Councillor Mallon as the relevant  Cabinet Member on the Thames Valley Police and showing Councillor Mallon as the person to respond to questions at Council on S90 Police Act 1996 and to the appointment of Councillor Peter Jones to the role of Older People’s Champion.

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 CA15.  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 (CA15) 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.