Agenda and minutes

To approve the minutes of the meeting held on 1 November 2011 (CC1) and to receive information arising from them.

that the Minutes of the meeting of Council held on 1 November 2011 be approved and signed.

Apologies for absence were received from Councillors: Billington, Carter, Handley, Jelf, Jones, Reynolds, Rose and Viney.

Members are reminded that they must declare their interests orally at the meeting and specify (a) the nature of the interest and (b) which items on the agenda are the relevant items. This applies also to items where members have interests by virtue of their membership of a district council in Oxfordshire.

Councillor Skolar declared a personal interest on Agenda Item 12, by virtue of the fact that he had a relative in a Care Home.

Councillor Mitchell declared a personal interest in Agenda Item 15 by virtue of his being a member of the Local Government Pension Scheme.

Councillor Skolar declared a personal interest in Agenda Item 15 by virtue of being in receipt of a NHS pension.

Councillor Mitchell declared a personal interest in Agenda Item 17, by virtue of his position as a member of Adderbury Library Friends Group.

Councillor Roz Smith declared a personal interest in Agenda Item 15 by virtue of her being in receipt of a Local Government Pension.

RESOLVED:  to vary the order of Business as indicated in these Minutes.

The Chairman reported as follows:

(i)             The Chairman sought agreement to hold an extraordinary meeting of Council on the 20 March at 10.00 am.  The meeting was necessary due to the legal requirements of the Localism Act on a number of important governance matters including:

·         approval of a pay policy for Council staff;

·         approval of a new Code of Conduct together with necessary arrangements for undertaking investigations;

·         Approval of Equality objectives for the Council.

(ii)           The Chairman had sadly attended 7 repatriations for fallen servicemen since the Memorial Garden was dedicated.

(iii)          The Chairman undertook to send a card with the Council’s best wishes to Councillor Jones who was in Hospital.

(iv)         The Chairman undertook to send a card and flowers with the Council’s best wishes to Janet Choldcroft who was unwell.

(v)           A listing of Chairman’s Events is now available on the website:

http://www.oxfordshire.gov.uk/cms/content/chairman-council

(a)       To make the following appointment:

          Mrs Kathleen Medlock as the Parent Governor Representative for Primary     Schools on the Children’s Services Scrutiny Committee.

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

RESOLVED:  to appoint Mrs Kathleen Medlock as the Parent Governor Representative for Primary Schools on the Children’s Services Scrutiny Committee.

The following Petition was received:

Mrs Nicky Hancock, Resident of Ardington presented a Petition of 300 signatures asking the County Council to give consideration to providing the residents of Ardington and Lockinge with a daily bus service, particularly at peak hours, to accommodate travel in the Didcot/Harwell direction and to Wantage.

Report by Assistant Chief Executive and Chief Finance Officer (CC8)

Cabinet at its meeting on 15 November 2011 considered a report that set out the Treasury Management activity undertaken in the first half of the financial year in compliance with the CIPFA Code of Practice and agreed that it be  recommended to Council to note the report. The report includes Debt and Investment activity, an update on Prudential Indicators, changes in Strategy, any Breaches of approved Strategy and a forecast of interest receivable and payable in the financial year.

Council is RECOMMENDED to note the report.

The Council had before them a report (CC8) which set out the Treasury Management Activity undertaken in the first half of the financial year, including debt and Investment activity, an update on Prudential Indicators, changes in Strategy, any Breaches of approved Strategy and a forecast of interest receivable and payable in the financial year.

RESOLVED:  (on a motion proposed by Councillor Couchman, seconded by Councillor Shouler and carried unanimously) to note the report.

Report of the County Solicitor & Monitoring Officer (CC9)

A major review of the Constitution took place in 2009.  Since that time the Constitution has generally worked effectively.  The Monitoring Officer is authorised to make changes to comply with the law, give effect to decisions of the Council or to correct or clarify matters for accuracy.

Other changes require the approval of the full Council. Some minor changes, to improve the business and efficiency of the Council, are suggested in this report. The report also specifically reviews the operation of the Council’s Petition Scheme to fulfil Council’s requirement for an annual review of the Scheme.   

Council is RECOMMENDED to:

(a)              Approve the addition to the Protocol on Members’ Rights and Responsibilities of explicit reference to Directors’ responsibilities to report to the Monitoring Officer on a quarterly basis of their arrangements for keeping members informed of local issues;

(b)              Determine whether or not to maintain a Petition Scheme for Oxfordshire County Council;

(c)               Amend the Councillor Call for Action Rules (Part 9.3, Annex 1) so that the committee hears, in the first instance, from the member concerned and that the consideration of evidence and witnesses occurs if and when the committee agrees to pursue the relevant Councillor Call for Action.

The Council had before them a report on the Review of the Constitution CC9 which suggested minor changes to improve the business and efficiency of the Council and reviewed of the Council’s Petition Scheme, to fufil Council’s requirement for an annual review of the scheme.

The Chairman sought agreement from the Meeting to amend the motion in the following terms (amendment shown in strikethrough and bold italics):

(a)               Approve the addition to the Protocol on Members’ Rights and Responsibilities of explicit reference to Directors’ responsibilities to report to the Monitoring Officer on a quarterly basis of their arrangements for keeping members informed of local issues;

(b)       to maintain the Petition Scheme for Oxfordshire County Council in its current form;

(b)               Determine whether or not to maintain a Petition Scheme for Oxfordshire County Council;

(c)               Amend the Councillor Call for Action Rules (Part 9.3, Annex 1) so that the committee hears, in the first instance, from the member concerned and that the consideration of evidence and witnesses occurs if and when the committee agrees to pursue the relevant Councillor Call for Action.

It was agreed nem con to accept for consideration the amendment.

Councillor Greene moved and Councillor Seale seconded the recommendations set out in the report and on the face of the Agenda as amended by above.

In response to a question from Councillor Godden on the Annex to the report, Mr Clark undertook to provide a written response to members giving details of the updates and clarifications needed in Part 8.3 of the Constitution.

Councillor Larry Sanders moved and Councillor Sherwood seconded the following amendment shown in bold italics:

(a)               Approve the addition to the Protocol on Members’ Rights and Responsibilities of explicit reference to Directors’ responsibilities to report to the Monitoring Officer on a quarterly basis of their arrangements for keeping members informed of local issues;

(b)               Determine whether or not to maintain a Petition Scheme for Oxfordshire County Council;

(c)               Amend the Councillor Call for Action Rules (Part 9.3, Annex 1) so that the committee hears, in the first instance, from the member concerned and that the consideration of evidence and witnesses occurs if and when the committee agrees to pursue the relevant Councillor Call for Action;

(d)              This Council instructs the Monitoring Officer to amend the Council Procedure Rules so that the Green Group and the independent member are treated on the same terms as the other groups on the Council as regards the order in which motions on notice are included on the agenda.”

Following debate the amendment was lost by 51 votes to 3, with 10 abstentions.  The substantive amended motion was then put to the vote and it was:-

RESOLVED:  (nem con)

(a)               Approve the addition to the Protocol on Members’ Rights and Responsibilities of explicit reference to Directors’ responsibilities to report to the Monitoring Officer on a quarterly basis of their arrangements for keeping members informed of local issues;

(b)               to maintain the Petition Scheme for Oxfordshire County Council in its  ...  view the full minutes text for item 117/11

Report of the Cabinet meeting on 15 November 2011.(CC10)

The Council had before them the report of the Cabinet meeting held on 15 November 2011.

In relation to paragraph 1, (Establishment Review) (Question from Councillor Fooks) Councillor Robertson undertook to provide a written response giving detail of how many staff had been successfully redeployed.

In relation to paragraph 1, (Establishment Review) (Question from Councillor Pressel) Councillor Robertson undertook to provide a written response giving detail of how many agency staff and consultants were doing work that used to be undertaken by staff who had been made redundant and whether the use of consultants had gone up or down since 2009.

In relation to paragraph 3, (2011/12 Financial Monitoring & Business Strategy Delivery Report September 2011) (Question from Councillor Waine) Councillor Couchman gave an assurance that local members would be consulted on the land use of the disposed properties in relation to Bicester Library.

15 questions with notice were asked.  Details of the questions and answers and the supplementary questions and answers (where asked) will be set out in the Annex to the Minutes.

In relation to Question 11, Councillor Fatemian agreed to write to the award winning Ace Chairman to ask when he thought the numbers of bed blocking would go down.

This Council welcome the findings of the Commission on Funding of Care and Support chaired by Andrew Dilnot.  In particular, that the recommendations from the commission remove uncertainty from the cost of social care and introduce a cap on how much any individual should pay for their care.  If implemented, the recommendations from the Dilnot Commission will further the Council’s Adult Social Care Directorate in closer working between health and social care and using resources to meet increased demand more effectively, resulting in better outcomes for older people.

In Summary the commission recommends that:

·        Individuals’ lifetime contributions towards their social care costs should be capped at £35,000 (the most appropriate and fair figure). After the cap is reached, individuals would be eligible for full state support.

·        The means-tested threshold, above which people are liable for their full care costs, should be increased from £23,250 to £100,000

·        There should be national eligibility criteria and portable assessments to ensure greater consistency

·        All those who enter adulthood with a care and support need should be eligible for free state support immediately rather than being subjected to a means test.

Council welcomes the recommendations of the report and believe they will lead to better outcomes for Older People across the country but specifically in Oxford. 

Council asks the Leader to write to the Department of Health and the local MPs to express our support for implementation of the proposals at the earliest opportunity.

Councillor Fatemian moved and Councillor Mitchell seconded the following motion:

This Council welcome the findings of the Commission on Funding of Care and Support chaired by Andrew Dilnot.  In particular, that the recommendations from the commission remove uncertainty from the cost of social care and introduce a cap on how much any individual should pay for their care.  If implemented, the recommendations from the Dilnot Commission will further the Council’s Adult Social Care Directorate in closer working between health and social care and using resources to meet increased demand more effectively, resulting in better outcomes for older people.

In Summary the commission recommends that:

·        Individuals’ lifetime contributions towards their social care costs should be capped at £35,000 (the most appropriate and fair figure). After the cap is reached, individuals would be eligible for full state support.

·        The means-tested threshold, above which people are liable for their full care costs, should be increased from £23,250 to £100,000

·        There should be national eligibility criteria and portable assessments to ensure greater consistency

·        All those who enter adulthood with a care and support need should be eligible for free state support immediately rather than being subjected to a means test.

Council welcomes the recommendations of the report and believe they will lead to better outcomes for Older People across the country but specifically in Oxford. 

Council asks the Leader to write to the Department of Health and the local MPs to express our support for implementation of the proposals at the earliest opportunity.

Following debate, with the agreement of Council, Councillor Fatemian amended the penultimate paragraph of his motion by substituting the text “Oxford” with “Oxfordshire”.

The motion, as amended was put to the vote and it was:

RESOLVED: (Unanimously)

This Council welcome the findings of the Commission on Funding of Care and Support chaired by Andrew Dilnot.  In particular, that the recommendations from the commission remove uncertainty from the cost of social care and introduce a cap on how much any individual should pay for their care.  If implemented, the recommendations from the Dilnot Commission will further the Council’s Adult Social Care Directorate in closer working between health and social care and using resources to meet increased demand more effectively, resulting in better outcomes for older people.

In Summary the commission recommends that:

·        Individuals’ lifetime contributions towards their social care costs should be capped at £35,000 (the most appropriate and fair figure). After the cap is reached, individuals would be eligible for full state support.

·        The means-tested threshold, above which people are liable for their full care costs, should be increased from £23,250 to £100,000

·        There should be national eligibility criteria and portable assessments to ensure greater consistency

·        All those who enter adulthood with a care and support need should be eligible for free state support immediately rather than being subjected to a means test.

Council welcomes the recommendations of the report and believe they will lead to better outcomes for Older People across the country but specifically in Oxfordshire. 

Council  ...  view the full minutes text for item 120/11

"Council welcomes the Coalition Government's proposal to extend free childcare to disadvantaged two-year-olds by April 2013 and notes that this should benefit around 1,000 infants in Oxfordshire.

Council looks forward to the new arrangements that will improve life chances for these two-year-olds, but notes that many of the county's nurseries and children's centres are currently full. Council asks Cabinet to ensure that sufficient provision will be available in appropriate and local settings for such very young children, and to report to CEF Scrutiny if there is likely to be any shortfall."

Councillor Fooks moved and Councillor Altaf-Khan seconded the following motion as amended by Councillor Shouler in bold italics:

"Council welcomes the Coalition Government's proposal to extend free childcare to disadvantaged two-year-olds by April 2013 and notes that this should benefit around 1,000 infants in Oxfordshire.

Council looks forward to the new arrangements that will improve life chances for these two-year-olds, but notes that many of the county's nurseries and children's centres are currently full. Council asks Cabinet to ensure that sufficient provision will be available in appropriate and local settings for such very young children within the funding envelope available and to report to CEF Scrutiny if there is likely to be any shortfall."

Following debate, the motion as amended was carried unanimously and accordingly:

RESOLVED:

"Council welcomes the Coalition Government's proposal to extend free childcare to disadvantaged two-year-olds by April 2013 and notes that this should benefit around 1,000 infants in Oxfordshire.

Council looks forward to the new arrangements that will improve life chances for these two-year-olds, but notes that many of the county's nurseries and children's centres are currently full. Council asks Cabinet to ensure that sufficient provision will be available in appropriate and local settings for such very young children within the funding envelope available, and to report to CEF Scrutiny if there is likely to be any shortfall."

“Between January and October 2011 youth unemployment rose by 72% across the county, with an 80% increase in Oxford West and Abingdon, a 100% increase in Banbury and a 140% increase in Witney. 

Given the devastating effect that unemployment can have on young people, their life chances, and their families, and the long-term costs this inflicts on society, this council is deeply concerned about the effect of the Coalition government's policies on young people, who are being robbed of employment and educational opportunities. 

Council therefore asks the Cabinet Member to write to the Prime Minister expressing alarm at youth unemployment in Oxfordshire and asking the Government to take more action to provide our young people with long-term, properly paid jobs.” 

Councillor Hutchinson moved and Councillor Brighouse seconded the following motion:

“Between January and October 2011 youth unemployment rose by 72% across the county, with an 80% increase in Oxford West and Abingdon, a 100% increase in Banbury and a 140% increase in Witney. 

Given the devastating effect that unemployment can have on young people, their life chances, and their families, and the long-term costs this inflicts on society, this council is deeply concerned about the effect of the Coalition government's policies on young people, who are being robbed of employment and educational opportunities. 

Council therefore asks the Cabinet Member to write to the Prime Minister expressing alarm at youth unemployment in Oxfordshire and asking the Government to take more action to provide our young people with long-term, properly paid jobs.”

Following debate the motion was lost by 52 votes to 9 with 2 abstentions.

"This council welcomes the Quality Bus Partnership and the introduction of the Smartcard joint-ticketing and joint timetabling which has followed.    Council recognises that this has had some impact on helping to alleviate traffic congestion and carbon reduction in the city centre.  Council therefore calls on the Cabinet to extend joint-ticketing outside Oxford to other areas of the county where more than one bus company operates and where this can help to encourage more bus usage in Oxfordshire.”

Councillor Patrick moved and Councillor David Turner seconded the following motion:

"This Council welcomes the Quality Bus Partnership and the introduction of the Smartcard joint-ticketing and joint timetabling which has followed.  Council recognises that this has had some impact on helping to alleviate traffic congestion and carbon reduction in the city centre.  Council therefore calls on the Cabinet to extend joint-ticketing outside Oxford to other areas of the county where more than one bus company operates and where this can help to encourage more bus usage in Oxfordshire.”

Following debate the motion was lost by 36 votes to 20 with 2 abstentions.

“ This Council believes that all employees within Oxfordshire, both private and public, should have decent pensions. Elderly people who have worked hard all their lives should not be forced into poverty in their declining years, resulting in an increased call on Oxfordshire County Council services .

We regret the disruption caused to public services on 30th November. But that day of action demonstrated just how valuable are the services provided by local government staff, teachers, National Health Service employees and other public sector workers within Oxfordshire.  We recognise that for local government employees, whose wages have been frozen, a cut in pension benefits is the last straw.

We applaud those dedicated public servants, including our own employees, who were prepared to lose a day's pay in order to campaign for decent pensions and proper services for the public. 

It is unreasonable to ask local government employees to pay more, work longer and get less when local government public pension funds (including the Oxfordshire Pension Fund) are already funded. The public sector has a responsibility to show others what it is to be good employers, to pay decent wages and provide proper pensions.

We request the Leader to write to the Coalition Government to urge them to:

a)         negotiate just pension settlements with the public sector unions

b)         support the local government employers in providing good pensions for local government workers

c)        encourage private employers to provide pensions at least as good as the public sector.”

Councillor Tanner moved and Councillor Hutchinson seconded the following motion:

“This Council believes that all employees within Oxfordshire, both private and public, should have decent pensions. Elderly people who have worked hard all their lives should not be forced into poverty in their declining years, resulting in an increased call on Oxfordshire County Council services .

We regret the disruption caused to public services on 30th November. But that day of action demonstrated just how valuable are the services provided by local government staff, teachers, National Health Service employees and other public sector workers within Oxfordshire.  We recognise that for local government employees, whose wages have been frozen, a cut in pension benefits is the last straw.

We applaud those dedicated public servants, including our own employees, who were prepared to lose a day's pay in order to campaign for decent pensions and proper services for the public. 

It is unreasonable to ask local government employees to pay more, work longer and get less when local government public pension funds (including the Oxfordshire Pension Fund) are already funded. The public sector has a responsibility to show others what it is to be good employers, to pay decent wages and provide proper pensions.

We request the Leader to write to the Coalition Government to urge them to:

a)         negotiate just pension settlements with the public sector unions

b)         support the local government employers in providing good pensions for local government workers

c)        encourage private employers to provide pensions at least as good as the public sector.”

Following debate the motion was lost by 39 votes to 10 with 9 abstentions.

“This Council has listened to the many individuals and groups who are worried that some libraries might struggle to get enough volunteers to keep them open for long enough each week.

We therefore request Cabinet in bringing forward its budget proposals to include in a reserve enough money to put back some of the staff posts which have been proposed for removal, if this becomes necessary.”

Councillor Pressel moved and Councillor Stephens seconded the following motion:

“This Council has listened to the many individuals and groups who are worried that some libraries might struggle to get enough volunteers to keep them open for long enough each week.

We therefore request Cabinet in bringing forward its budget proposals to include in a reserve enough money to put back some of the staff posts which have been proposed for removal, if this becomes necessary.”

Following debate the motion was lost by 46 votes to 8 with 1 abstention.

“It is important that as many residents as possible learn to communicate well in English. This is good for their children's education, good for the economy and good for the promotion of an inclusive and harmonious community.

Unfortunately, in recent years, Government policy has led to the reduction of the number of residents receiving free English language tuition from Oxfordshire County Council by 84%, from 760 to 120, in the period 2006/7 to 2010/11. This has led to a decrease in the number attending County Council English language classes by 53%, from 772 to 361, in the same period.

Resolved:

That this County Council:

- recognizes the importance of encouraging and aiding residents to become more effective communicators in  English

- asks the Safer and Stronger Communities Scrutiny Committee to assemble the views of community organisations, local schools and employers and the Adult Learning team with the goal of making recommendations to these groups and other decision-makers which will encourage people to take up the educational opportunities available and which will assist them in making contact with all governmental and non-governmental agencies which could make grants which would make it possible for more people to take part.”

Councillor Larry Sanders moved and Councillor Sherwood seconded the following motion:

“It is important that as many residents as possible learn to communicate well in English. This is good for their children's education, good for the economy and good for the promotion of an inclusive and harmonious community.

Unfortunately, in recent years, Government policy has led to the reduction of the number of residents receiving free English language tuition from Oxfordshire County Council by 84%, from 760 to 120, in the period 2006/7 to 2010/11. This has led to a decrease in the number attending County Council English language classes by 53%, from 772 to 361, in the same period.

Resolved:

That this County Council:

-recognizes the importance of encouraging and aiding residents to become more effective communicators in English;

- asks the Safer and Stronger Communities Scrutiny Committee to assemble the views of community organisations, local schools and employers and the Adult Learning team with the goal of making recommendations to these groups and other decision-makers which will encourage people to take up the educational opportunities available and which will assist them in making contact with all governmental and non-governmental agencies which could make grants which would make it possible for more people to take part.”

Following debate the motion was lost by 37 votes to 19 with 1 abstention.

"This Council notes recent judicial decisions relating to the provision by local authorities of social and community services (including, without limitation, social care services and library services), and notes in particular the recent decision of The Honourable Mrs Justice Lang DBE in the The Queen and Isle of Wight Council [2011] EWHC 2911 (Admin), in which The Honourable Mrs Justice Lang DBE approved the following statement of the Court of Appeal in R v North East Devon Health Authority ex parte Coughlan [2001] QB 213:

"..whether or not consultation of interested parties and the public is a legal requirement, if it is embarked upon it must be carried out properly.  To be proper, consultation must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response; adequate time must be given for this purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken.."

Council calls on Cabinet to consider whether its consultation processes comply with this statement, with particular reference to the question of whether the recent consultation on library services gave the public in Oxfordshire sufficient information about the proposed running of library services by volunteers such that the proposals could be the subject of intelligent consideration and an intelligent response."

The time being 3.30 pm the meeting closed and the motion from Councillor Stevens was considered dropped in accordance with Council Procedure Rule 15.1.