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ITEM EX3

EXECUTIVE – 12 NOVEMBER 2002

Minutes of the Meeting commencing at 2.00 pm and finishing at 6.10 pm

Present:


Voting Members:

Councillor Keith R Mitchell – in the chair

Councillor Tony Crabbe
Councillor John Farrow
Councillor Neil Fawcett
Councillor Janet Godden
Councillor Margaret Godden
Councillor Anne Purse
Councillor David Robertson
Councillor Don Seale

Other Members in Attendance:

Councillor Dickie Dawes (for Agenda Items 11 and 12)

Councillor Margaret Ferriman (for Agenda Items 6,9 and 10)
Councillor Barbara Gatehouse (for Agenda Item 6)
Councillor Brian Hodgson (for Agenda Items 5,6,11 and 19)
Councillor Sandra Mold (for Agenda Item 13)
Councillor Craig Simmons (for Agenda Item 12)

Officers:

Whole of meeting: J. Leverton and G. Warrington (Chief Executive’s Office).

Part of meeting: Chief Executive; A. Coggins and R. Harris (Cultural Services); Director for Strategy and D. Lines; Director for Social & Health Care, S. Ainsworth and P. Hodgson; M. Prichard and C. Sewell (Education Department); E. Luck, P. Mann, N. Monaghan, B. Shepherd and S. Willan (Environmental Services); Head of Trading Standards.

The Executive considered the matters, reports and recommendations contained or referred to in the agenda for the meeting, together with a schedule of addenda tabled at the meeting, and decided as set out below. Except insofar as otherwise specified, the reasons for the decisions are contained in the agenda, reports and schedule, copies of which are attached to the signed Minutes.

    396/02. MINUTES

    The Minutes of the meeting held on 29 October 2002 were approved and signed.

    397/02. PETITIONS AND PUBLIC ADDRESS

    The Chair reported that the following requests to address the meeting had been agreed:-

    Request from

    Agenda Item

    Mr Ivor Sunman )

    Mrs Wendy Preece )

    Mrs Clare McCarthy )

    Mrs Mary Hill )

    6 - Changes in Social Services Provision - Children’s Disability Service

    398/02. OXFORDSHIRE PLAN 2003/04

    (Agenda Item 5)

    The Executive considered a report (EX5) which set out an outline Oxfordshire Plan for consultation with the Corporate Governance Scrutiny Committee, key partners and stakeholders. The draft outline plan had been drawn up in the light of the views of Scrutiny Committees, who had considered a preliminary list of strategic objectives at their meetings in September, feedback received from stakeholders and partners and the MORI surveys of residents’ opinion.

    Councillor Hodgson addressed the Executive. He suggested introducing or strengthening a number of references, namely: ethnic minorities; the work of the youth service; redistribution of income and wealth; Oxfordshire’s bid to become European Capital of Culture; reducing debt and financial exploitation; improving the Cotswold Line; and campaigning for a fairer local taxation system.

    Councillor Mitchell assured Councillor Hodgson that many of his points would be incorporated in the plan as it developed. However, the Plan needed to concentrate on directing resources to those areas of service that the County Council could deliver and he considered that it would be for individual groups to campaign on such issues as fairer taxation systems.

    RESOLVED: to agree the outline Oxfordshire Plan annexed to the report (EX5) for consultation with the Corporate Governance Scrutiny Committee, key partners and stakeholders, subject to the following amendments and any further amendments and additions that may appear to the Chief Executive, in consultation with the Leader and Deputy Leader of the Council, to be appropriate in the light of continuing work on the development of the strategic objectives and the associated activities and targets:

    Page 2 , Helping people to fulfil their potential, amend health to read the NHS;

    Page 2, Raising Educational Standards, add after GCSE in the first bullet point, and AS and A level

    Page 3, Encouraging lifelong learning, delete reducing the age of admission in the first bullet point and insert promoting a single point of entry

    Page 4, Helping everyone play their part in developing their communities, amend bullet point 4 to read Offer help with parenting skills where necessary

    Page 4, Supporting sustainable and inclusive economic growth, emphasize in the second bullet point the largely rural nature of Oxfordshire’s economy and the principle of diversification within the agricultural industry; and delete the restriction in bullet point 4 to public service in relation to housing for key workers.

    399/02. CHANGES IN SOCIAL SERVICES PROVISION - CHILDREN’S DISABILITY SERVICE

    (Agenda Item 6)

    The Executive had before them two reports (EX6 and supplement) on the results of the consultation process which had taken place on the proposals outlined to the Executive on 16 July, ie the development of an extended partnership between the County Council, Barnardo’s and the Oxfordshire Learning Disability Trust, together with a further supplementary report (EX6 Second Supplement) setting out additional information in response to points raised by the Social & Health Care Scrutiny Committee.

    The Scrutiny Committee had agreed to advise the Executive to confirm the proposals for changes to Children’s Disability Services as set out in the report to the Executive on 16 July.

    Also tabled was a letter from Leigh, Day & Co Solicitors acting for children who received respite care.

    Mrs Wendy Preece spoke of her fears about the prospect of withdrawal of the 1 day per month day care which her child received. The need was for an increase in this service, not a reduction.

    Mrs Clare McCarthy said that her eldest son had been assessed for care two years ago and they were still waiting to be allocated a place. She considered that the consultation and the information now before the Executive failed to recognise the level of unmet need.

    Mr Ivor Sunman was the parent of 2 children who attended Chilterns Resource Centre and this service was vital to their well being. He also referred to the lack of information on unmet need. He considered that the consultation document had been complicated and misleading and had in particular failed to explain the prospect of a reduction in day care.

    Mrs Mary Hill referred to her son’s complex behaviour and problems which also had a severe impact on his younger brother. Without greatly increased support she faced the prospect of choosing which child should be taken into residential care.

    Councillor Gatehouse urged the Executive not to pursue these proposals but to seek additional funding to retain the service as it currently existed in order to maintain the level of support available to these families.

    Councillor Ferriman referred to the long term pressures that the families were under and the impact any withdrawal of service would have.

    Councillor Hodgson referred to the criticism levelled at the consultation process and the lack of reference to the level of unmet need. He urged the Executive to defer a decision to enable further consideration to be given to these issues.

    In response to the various comments Mr Hodgson considered that the consultation process had been effective and that whilst the anger and frustration was understandable he pointed out that support had been expressed by the majority of parents and professionals the 16 July proposals. He recognised the concerns of those parents and members who had addressed the Executive but stressed that it was important to reach a decision for the future of the service itself and the parents and staff involved. He was confident that the proposed new partnership would achieve better occupancy levels because of the opportunities for more effective staff deployment and confirmed that there was still flexibility as to the balance between day and overnight care in the centres. He and Ms Ainsworth commented in detail on the letter from Leigh Day & Co concluding that the deferment they sought would not be helpful.

    Councillor Janet Godden endorsed the comments made by the Scrutiny Committee regarding the dignity and diligence that had been shown by Mr Hodgson and his staff in this difficult task. The plain fact remained that the County Council faced a requirement to reduce spending across the board within Social Services. She supported the view that the consultation process had been good and that a decision needed to be taken in order to give clarity to staff and parents. She regretted the need to close the Chilterns Centre but felt the partnership would give some stability to the service and provide a solid foundation for further improvement.

    The Director for Social & Health Care commended the proposals to the Executive on the basis of sound financial management, stability for users and staff, the ability to improve the centres to meet current standards, and support of the majority of parents, professionals and partners.

    RESOLVED to:

    1. note the main and supplementary reports and the responses to consultation and financial implications described therein, and in the light of these and of the advice of the Social & Health Care Scrutiny Committee, confirm the proposals for changes in the Children’s Disabilities Service set out in the report to the Executive on 16 July 2002;
    2. request the Director for Health & Social Care to:
      1. proceed with the development of a new partnership between the County Council, the Oxfordshire Learning Disability NHS Trust and Barnardo’s for the provision of residential respite care in Oxfordshire as outlined in that report;
      2. continue to explore the advantages and disadvantages of the transfer to Barnardo’s of:
        1. the Home Care/Relief to Care service; and
        2. the Thame/Bicester Play & Leisure scheme;

      3. keep the Executive Member for Children & Young People informed of progress on (1) and (2) above and bring a report with an implementation timetable to the Executive in early March 2003.

    400/02. FAMILY SUPPORT FUNDING

    (Agenda Item 7)

    In April this year, the Executive had instructed officers to conduct a review of the need for family support in Banbury in order to assess options for the re-allocation of the sum previously allocated to Banbury Family Centre, taking into account both the need to sustain existing services provided by the Family Centre and the need to ensure equitable provision of support to needy families across the county as a whole. The Committee considered a report (EX7) on the outcome of that review which proposed how the funding released by the closure might be re-allocated.

    The Social & Health Care Scrutiny Committee had advised the Executive that they endorsed the proposals for the re-allocation of funding released by the closure of the family centre in Bretch Hill as set out in the report.

    Councillor Ferriman welcomed the support outlined for the Sunshine Centre, Banbury.

    RESOLVED to instruct officers to:

                1. set up service level agreements for three years from April 2003 to the following voluntary organisations the future of which is at risk due to funding:

    • Faringdon Family Centre £5,000
    • NOMAD, Henley £2,500
    • Springboard, Carterton £9,000
    • The Sunshine Centre, Banbury £25,500
    • Wood Farm Early Years Group, Oxford £2,500

                  b. report to a future meeting on the funding situation of voluntary family support organisations in the county, including those with existing service level agreements with the LEA, with a risk assessment of their ability to sustain current levels of service.

    401/02. OXFORDSHIRE CHILDREN’S RIGHTS CHECKLIST

    (Agenda Item 8)

    On 19 February 2002 the Executive had considered means of ensuring that all departments gave effect to the Oxfordshire Children’s Rights Checklist. The Scrutiny Co-ordinating Group had now recommended that a panel should be created to monitor the County’s progress in taking the checklist forward.

    RESOLVED: to create a panel of 6 members, 3 each from the Learning & Culture and Social & Health Care Scrutiny Committees, to monitor the County’s progress in taking the checklist forward.

    402/02. LIBRARY SERVICE OPENING HOURS

    (Agenda Item 9)

    The Executive considered a report (EX9) which considered how the County Council could meet the Department for Culture, Media and Sport expectation that all library authorities should meet its new standard of 128 aggregate opening hours a year per 1,000 population by April 2004 and the costs involved.

    The Executive noted with appreciation the financial assistance with had been given by West Oxfordshire District Council.

    RESOLVED: to:

    1. reconfirm the commitment to meet national library standards for opening hours subject to resources being available;
    2. approve the approach advocated in the report for a phased programme of increased opening hours, with Phase 1 commencing midway through 2003/2004;
    3. note the financial implications of Phase 1 for consideration as part of the budget setting process for 2003/2004; and
    4. note that a report on Phase 2 of opening hours would be brought at a later date.

    403/02. REVIEW OF TRAVELLER SERVICES

    (Agenda Item 10)

    The Executive considered a report (EX10) on a review of the County Council’s approach to Traveller Services.

    RESOLVED: to:

    1. endorse the principle of a move towards a more proactive approach:
        1. to Traveller Services, to include working in partnership with a variety of agencies who have Traveller involvement; and
        2. to unauthorised encampments, involving revision of the existing County Council policy and production of a Code of Conduct for Travellers;

    2. approve the draft revised Policy Statement set out in Annex 1 to the report EX10 and the draft Code of Conduct for Travellers set out in Annex 2 for consultation with the Police, District Councils, and other agencies with a Traveller involvement including the Traveller Education Service, appropriate health bodies and a representative Traveller organisation;
    3. agree the establishment of a Traveller Unit (subject to Thames Valley Police Authority’s agreement to the appointment of a Police Officer to work alongside the County Council’s Traveller Liaison Officer) and authorise an agreement for formal working arrangements with other agencies and authorities (as described in paragraphs 16 (b) and (c) of the report EX10) dealing with County Council and private land;
    4. subject to (a) to (c) above, authorise the Director of Environmental Services, in consultation with the Executive Members for Strategic Planning & Waste Management and Transport:
        1. to prepare a County Traveller Service Strategy for consultation with the Police, District Councils, and other agencies with a Traveller involvement including the Traveller Education Service, appropriate health bodies and a representative Traveller organisation; and

        ii. to finalise the revised Policy Statement, the Code of Conduct and the Service Strategy in the light of the responses to consultation on the respective documents;

    5. continue with Westgate Managed Services as managers of the County Council’s sites, subject to the agreement and implementation of a Protocol seeking to deliver a better, more accountable management service for the County Council’s permanent sites; and
    6. authorise the Director of Environmental Services to undertake a search for a Transit Site or Temporary Stopping Place and, following consultation with the Executive Members for Strategic Planning & Waste Management and Transport, to submit a bid for Government funding by January 2003.

    404/02. CALL IN OF EXECUTIVE DECISION: CARTERTON, WITNEY AND OXFORD – TRANSPORT LINKS

    (Agenda Item 11)

    The decision of the Executive on 15 October 2002 to approve a revised three phase strategy for the A40 consultation with local councils, local members and interested parties, together with a number of related matters, had been called in for consideration by the Environment Scrutiny Committee. On 31 October 2002, the Committee had accepted the Executive’s decision, had accordingly taken effect, but expressed regret that Councillor Brian Hook had not had the opportunity to address the Executive, or indeed the Scrutiny Committee, on the matter.

    Councillor Hodgson referred to the delay in taking action as a result of the change in strategy.

    Councillor Dawes, welcoming the proposals for the Wolvercote roundabout, hoped that these would encourage heavy traffic to use the A40 rather than other less suitable roads.

    RESOLVED: to note:

    1. the Scrutiny advice;
    2. that the 15 October decisions were now effective;
    3. that the Leader and Deputy Leader of the Council and the Assistant Chief Executive had each written to Councillor Hook; and
    4. that the published meeting timetables for the Executive now included a caveat that timings were provisional and the responsibility was on the speaker to arrive in time for an item.

    405/02. HEADINGTON AND MARSTON AREA TRANSPORT STRATEGY

    (Agenda Item 12)

    On 5 March 2002, the Executive had considered a draft strategy for the Headington and Marston area (HAMATS) which comprised of a range of measures to assist pedestrians, cyclists and public transport, and a variety of traffic management and parking measures to improve conditions in particular areas. The Executive now considered a report (EX12) setting out the results of further consultation which had been carried out with key stakeholders and which had shown general support for the elements of the strategy.

    Councillor Simmons addressed the Executive. He felt that the issues he had raised in March had not been addressed and that the Strategy did not properly address the major problems facing this area in an integrated way.

    Councillor Margaret Godden endorsed Councillor Simmons’ comments, and restated her view that there was a need to establish a new bus route from Cowley Road to the Churchill Hospital.

    Councillors Dawes referred to problems experienced by people living in the west of the county travelling to the hospitals. He suggested provision of a shuttle service between Thornhill and the new Water Eaton Park & Ride site serving the hospital sites.

    Councillor Robertson had sympathy with Councillor Dawes’ suggestion but advised that large subsidies over an extended period would be required for such a service. He agreed that the Strategy would not itself solve all the problems in this area but would provide a framework within which solutions could be worked up.

    Councillor Mitchell expressed concern that local members appeared not to have been given the opportunity to participate in meetings of the Steering Group, notwithstanding their known concerns.

    RESOLVED: to:

    1. approve the transport strategy for the Headington & Marston Area, as set out in Annex 1 to the report EX12;
    2. agree the use of the strategy as the basis for the development of transport measures in the Headington and Marston area, and for the inclusion of these measures in future capital programmes; and
    3. confirm that development of the strategy be carried out under the guidance of the Headington and Marston Area Transport Strategy Steering Group.

    406/02. CONTROLLING THE SALE AND USE OF FIREWORKS

    (Agenda Item 13)

    On 23 September 2002 the Community Safety Scrutiny Committee had agreed:

    1. to recommend the Executive to make representations to the Government calling for more prescriptive legislation to control the purchase and use of fireworks which would include:
        1. a reduction in the size of fireworks available to the general public by a ban on the sale of Category 3 fireworks other than to registered event organisers who have been trained in their use; and
        2. a requirement that all events at which Category 3 or 4 fireworks are used be registered with the County Council;

    2. to ask the Executive to look at the registration fees paid by shops; and
    3. to advise the Executive of the following:
        1. this Scrutiny Committee supports the education campaigns planned for 2002 and 2003 by Trading Standards and the Fire & Rescue Service; and
        2. this Scrutiny Committee endorses the test purchasing activities to be undertaken by Trading Standards to ensure that fireworks are not available to those under 18 years.
        3. The Executive considered a report (EX13) which endorsed the conclusions of the Scrutiny Committee and discussed the safety problems caused by fireworks and moves which had been made to tighten the controls which existed at present.

          Councillor Mold commended the views of the Community Safety Scrutiny Committee.

          The Executive noted that in paragraph 13 of the report "2002" should have read "2003".

          RESOLVED: to:

                1. make representations to the Department of Trade and Industry and the Health and Safety Commission calling for more prescriptive legislation to control the purchase and use of fireworks in accordance with the recommendations of the Community Safety Scrutiny Committee;
                2. make representations to the Health and Safety Commission urging a review of the registration fee paid to local authorities by shops that store and sell fireworks so as to better reflect the costs associated with the inspection and registration process;
                3. note and concur with the Scrutiny Committee’s support for and endorsement of the planned education campaigns and proposed test purchasing activities.

    407/02. FOOD LAW ENFORCEMENT SERVICE PLAN

    (Agenda Item 14)

    The Food Law Enforcement Service Plan was one of the strategic plans which were subject to approval by Council following consideration by both the Executive and the relevant Scrutiny Committee in accordance with the Budget and Policy Framework Procedure Rules set out in the Constitution. The Executive had before them a report (EX14) which set out for consideration initial proposals for the 2003/04 Plan and proposed that these be referred to the Community Safety Scrutiny Committee for comment.

    RESOLVED: to:

    1. agree to the outline set out in the report (EX14) as the Executive’s initial proposals for the Food Law Enforcement Service Plan 2003/04 and refer this to the Community Safety Scrutiny Committee to make comments in time for the Executive to consider these on 7 January 2003 and make recommendations to Council on 14 January;
    2. note that the review of the food sampling and analysis budget was being fed into the Budget Strategy process.

    408/02. REVIEW OF PETTY SESSIONS AREAS

    (Agenda Item 15)

    The Executive considered a report (EX15) which set out a consultation by the Thames Valley Magistrates Courts Committee on a review of petty sessions areas within the Thames Valley Magistrates Courts Committee area on the following options:

      1. A single PSA for all Thames Valley;
      2. A single PSA for each county;
      3. 2 PSA’s per county - in Oxfordshire, these would be Northern Oxfordshire (Cherwell and West Oxfordshire areas) and Southern Oxfordshire (the remainder including Oxford).

On 28 October the Community Safety Scrutiny Committee had considered the consultation paper and requested the Executive to urge the Thames Valley MCC to maintain the status quo but, that if, this option was not to be considered, then to express a preference for option 3 (ie. for 6 PSAs – 2 per county). In addition the Committee advised the Executive to include in the County Council’s response to the consultation a number of specific concerns, should the above preferences not be adopted.

RESOLVED: to urge the Thames Valley Magistrates Courts Committee maintain the status quo but that if this option was not considered to express a preference for option 3 (ie for 6 PSAs – 2 per county) and to include the following concerns about the consequences if those preferences were not adopted:

    • there would be a loss of the good quality of service currently given to the County Council and the people of Oxfordshire by the courts and their advisers;
    • the perceived increase in travel time for the clientele and their advisers. The courts should be fairly accessible to all, particularly to those living in rural areas and to groups such as single mothers with children;
    • if there was to be one sole Bench for the Thames Valley area, this would result in a failure to maintain the integrity of the Oxfordshire county as a local centre for justice;
    • a local justice system should be accountable to the local community and also conducive to its well-being;
    • courts should be kept local in order that the circumstances and issues that were unique to Oxfordshire would be reflected within the court system to enable the delivery of more effective County Council services such as those appertaining to the Youth Offending Team, Social Services, Legal Services and Trading Standards; and
    • should option 1 be adopted, problems would ensue from the boundaries not being co-terminous with those of Oxfordshire County Council (this view being expressed in light of known difficulties in relation to the lack of co-terminosity of the County boundaries with those of the Primary Care Trusts.)

    409/02. BANBURY MAGISTRATES’ COURT - TEMPORARY ACCOMMODATION FOR STAFF

    (Agenda Item 16)

    The Executive considered a report (EX16) setting out proposals to refurbish and extend the Magistrates Court at Warwick Road in Banbury, which would require moving staff to temporary accommodation for an estimated period of 18 months.

    RESOLVED: to approve the provision of temporary accommodation for Thames Valley Magistrates Courts Service on the terms outlined in the report EX16.

    410/02. ADULT LEARNING PLAN

    (Agenda Item 17)

    The Adult Learning Plan was one of the strategic plans subject to approval by full Council following consideration by both the Executive and relevant Scrutiny Committee. The Executive considered initial proposals for the 2003/04 Plan (EX17), based on the Adult and Community Learning Service purpose and strategic priorities as revised by the Executive earlier in the year.

    RESOLVED: to:

    1. agree that the Adult and Community Learning Service’s purpose and strategic objectives, as revised by the Executive in the light of advice from the Learning & Culture Scrutiny Committee during March and April 2002, should be the continuing basis for planning Adult and Community Learning in 2003/04;
    2. adopt the report, including the annexed statement of purpose and strategic objectives, as the basis for the Adult Learning Plan 2003/04 and refer it for comment to the Learning & Culture Scrutiny Committee as the Executive’s initial proposals for the Plan, subject to any amendments and additions that might appear to the Acting Chief Education Officer, in consultation with the Executive Members for Learning & Culture and Schools, to be appropriate in the light of the expected guidance from the Learning & Skills Council.

    411/02. ADMISSION ARRANGEMENTS 2004–2005

    (Agenda Item 18)

    The Executive considered a report (EX18) which summarised the anticipated provisions of the new School Admissions Code of Practice and proposed arrangements for its implementation.

    Also tabled was a supplementary report by the Acting Chief Education Officer outlining responses from aided schools, a copy of which is attached to the signed minutes.

    RESOLVED: to authorise the Acting Chief Education Officer to:

    1. consult with relevant admissions authorities and others, as required, on any changes to admission arrangements occasioned by the new Code of Practice on Admissions and Regulations;
    2. consult with relevant admissions authorities on the proposed changes detailed in paragraph 8 of the report EX18;
    3. in consultation with the Executive Members for Schools and Learning & Culture, formally determine the admission arrangements for 2004-2005 as appropriate in the light of the consultation responses.

    412/02. FORWARD PLAN AND FUTURE BUSINESS

    (Agenda Item 19)

    The Executive considered schedules of proposed additions and amendments for the roll forward of the Forward Plan, together with a list of items for the next two meetings.

    RESOLVED: to:

    1. agree the additions and amendments set out in Schedules 1 - 3 for the purpose of the Forward Plan for the ensuing four months subject as follows;
      1. GATS Negotiations – additional item for 10 December 2002;
      2. Degradable Plastic Bags – additional item – meeting to be determined;
      3. County Hall Phase 3 (2002/56) – deferred to March 2003;
      4. Oxfordshire Youth Arts Partnership (2002/212) – deleted (no decision required);
      5. Information Management (2002/225) – deferred pending implementation of new directorates;

    2. subject to (a) above, note the items currently identified for forthcoming meetings as set out in Schedule 4.

in the Chair

Date of signing 2002

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