Agenda, decisions and minutes

To approve the minutes of the meeting held on 13 May 2014 (CA3) and to receive information arising from them.

The Minutes of the Meeting held on 13 May were approved and signed subject to the following amendment:

Minute 46/14, paragraph 5 “… neither of them had been unable able to attend…”.

Councillor Howson had given notice of the following question to Councillor Tilley:

“How many Oxfordshire schools imposed fines for absence by pupils during the autumn term of the current academic year; and what was the percentage of these fines paid?”

Councillor Tilley replied:

“During the Autumn term (terms 1&2) there were 441 Penalty Notice Warning letters issued by the Attendance and Engagement Team on behalf of Oxfordshire Schools. Of this number 26 resulted in Penalty Notices being issued. Some Oxfordshire Schools may have issued Penalty Notice Warnings without informing the Attendance and Engagement Team.

There were 6 prosecutions taken between 1st September 2013 and 28th February 2014 for failing to pay a Penalty Notice.”

Supplementary:  Responding to a question on whether the Cabinet member would make representations to the school commissioner and Ofsted as to the very high non-attendance at St. Gregory the great school, Councillor Tilley replied that the School Improvement officer had been sent into the school to try and establish the underlying cause of the high absence rate .  She had further requested that an analysis of poor attendance be undertaken on a class by class and year by year basis. This has been successful in improving attendance in the past.  Should this not improve attendance, she would then consider contacting Ofsted?

Councillor Tanner had given notice of the following question to Councillor Nimmo Smith:

“In preparing for the 6 months of road works at the Hinksey Hill and Kennington roundabouts what consideration was given in the final scheme to improving the situation for bus passengers, Park & Ride users and cyclists? Why are there no bus lanes, no better access to Redbridge Park and Ride and no safer routes for cyclists in the scheme? How much extra traffic will be drawn along Abingdon Road in my division as a result of the increase in traffic on the ring road?”

Councillor Nimmo Smith replied:

“The scheme when completed will deliver substantial improvement in congestion which will benefit all vehicles, including buses, as the Abingdon Road/A423 is a key bus corridor route. This will make getting into and out of the Park & Ride site easier for cars and buses.  As part of the Kennington Roundabout improvements, a new subway is being provided under the ‘hamburger’ lane to ensure the existing, good quality cycle routes between Kennington and Abingdon Road/A423 are maintained.  The scheme has previously undergone a full consultation exercise back in 2012, and the results carefully considered to finalise the design.

An additional scheme is being developed as part of the City Deal initiative, which is aiming to provide a bus lane coming off the A34 northbound offslip at Hinksey Roundabout, with the specific aim of improving bus journey times/reliability at peak times along the Oxford/Abingdon corridor.

Traffic modelling undertaken for the scheme indicates that residents on the Abingdon Road using the Kennington Roundabout will experience improvements in journey times at peak hours.”

Supplementary:  Councillot Tanner enquired as to whether the bus lane works would be carried  ...  view the full minutes text for item 52/14

The following requests to address the meeting had been agreed:

Item 6 – Councillor Nick Hards, Shadow Cabinet Member for Finance, Councillor John Tanner as Local Member.

Item 7 – Councillor Liz Brighouse, Leader of the Opposition,

Councillor John Sanders, Shadow Member for Environment,

Councillor Nick Hards as Local Member.

Item 8 – Councillor Laura Price.

Item 11 – Councillor Liz Brighouse as Chairman of Performance Scrutiny Committee,

Councillor Michael Waine as Local Member,

Councillor Mrs Fulljames as Local Member,

Councillor Lawrie Stratford as Local Member.

The Cabinet had before them a report (CA6) which set out the provisional revenue and capital outturn for 2013/14, including actual expenditure and income for the year compared to the budgeted position.  The figures shown in the report reflected the Council’s draft Statement of Accounts for 2013/14 which would be submitted to the Audit and Governance Committee on 2 July 2014 following certification by the Chief Finance Officer, prior to external audit.  The report also set out proposals for the use of any revenue underspends from 2013/14 in 2014/15 and noted whether these had been used to manage overspends or to support the Council’s Medium Term Financial Plan. 

Councillor Nick Hards, Shadow Cabinet Member for Finance, whilst congratulating the finance team on such a good result, highlighted a number of underspends in directorates expressing concern as to whether the underspends were disguising stresses in the system and that many of the underspends were achieved by unfilled staff vacancies.

In particular, he expressed concern over the half a million underspend in the Social & Community Services Budget and the underlying pressures, particlarily in Adult Social Care where he believed costs would rise year on year with the increasing numbers of both the very frail elderely and adults with learning difficulties

In relation to recommendation 6(b)(i) he urged the Cabinet to ensure that contractors looked into proposals properly before starting work.

Councillor Fatemian in moving the recommendations drew attention to Annex 1 and the excellent outturn figure of £1.3m and the underspend of £0.3 m.  He congratulated officers an staff for their efforts over the year to produce such a good result.

In response to Councillor Hards, Councillor Fatemian acknowledged that the service faced some of the greatest pressures and assured Councillor Hards that a significant amount of detailed planning took place around increased demand and that the situation would continue to be monitored.  In a recent survey, 90% of service users had rated the service as good or excellent.

Councillor Heathcoat highlighted the £4.3m expenditure by Social & Community Services in 2013/14 welcoming the Extra Care Housing project that had provided 50 rented flats and the delivery of the dementia care programme to enhance the lives of residents and the commencement of the joint control room in partnership with Berkshire Fire Service.

RESOLVED:

(a)          in respect of the 2013/14 outturn to:

              i.                note the provisional revenue and capital outturn for 2013/14 along with the year end position on balances and reserves as set out in the report;

            ii.                approve the carry-forwards and virements as set out in Annex 2a;

           iii.                recommend Council to approve the virements greater than £0.5m for Children, Education & Families, Social & Community Services and Environment & Economy Directorates as set out in Annex 2a;

           iv.                agree that the surplus on the On-Street Parking Account at the end of the 2013/14 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  ...  view the full minutes text for item 54/14

Cabinet Member: Deputy Leader

Forward Plan Ref: 2014/052

Contact: Tom Flanagan, Service Manager – Planning, Environment & Transport Policy Tel: (01865) 815691

Report by Director for Environment & Economy (CA7).

The report summarises the governance arrangements for the Oxfordshire Growth Board following publication of the Strategic Economic Plan.  It references the draft Terms of Reference for the Growth Board, building on the commitments of the City Deal submission, and acting as the basis on which the formal legal agreement between the constituent local authorities will be based.

The Cabinet is RECOMMENDED to agree:

(a)         the draft Terms of Reference and their relationship to the requirements to deliver the Strategic Economic Plan, City Deal, SHMA and Local Transport Board programmes;

(b)         that details of the final agreement is delegated to the Director of Environment & Economy in consultation with the Leader of Council, the Monitoring Officer and Section 151 Officer;

(c)         the current position with regard to support for the Spatial Planning & Infrastructure Partnership, City Deal and LTB, and how this will need to develop to support the wider activities of the Growth Board.

The Cabinet considered a report (CA7) which summarised the governance arrangements for the Oxfordshire Growth Board following publication of the Strategic Economic Plan, including the draft Terms of Reference for the Growth Board, which built on the commitments of the City Deal submission, and acted as the basis on which the formal legal agreement between the constituent local authorities would be based.

Councillor Brighouse welcomed the establishment of the Board as a sensible way forward to deliver the key local authority functions needed to achieve the priorities set out in Oxford Strategic Economic Plan. However, she expressed concern over how members would be involved and asked that the Cabinet gave some thought about how local members were to be kept informed.

In relation to paragraph 6 of the report she sought assurance that the aspiration would be sustainable and inclusive. She stressed that the Council had a responsibility to ensure that growth served the needs of the areas which were affected by that growth by creating appropriate jobs or training for local people and not increasing traffic in the area.

Councillor Nick Hards highlighted a number of developments where the issue of connectivity was of paramount importance to achieve funding.

Councillor Hudspeth in moving the recommendations expressed the importance of a statutory joint committee to deliver the City Deal and SEP going forward and the importance of the growth board for being in the right position for bidding for funding. 

RESOLVED: to agree:

(a)          the draft Terms of Reference and their relationship to the requirements to deliver the Strategic Economic Plan, City Deal, SHMA and Local Transport Board programmes;

(b)          that details of the final agreement is delegated to the Director of Environment & Economy in consultation with the Leader of Council, the Monitoring Officer and Section 151 Officer;

(c)          the current position with regard to support for the Spatial Planning & Infrastructure Partnership, City Deal and LTB, and how this will need to develop to support the wider activities of the Growth Board.

Cabinet Member: Adult Social Care

Forward Plan Ref: 2014/013

Contact: Ben Threadgold, Strategy Performance Manager Tel: (01865) 328219

Report by Director for Social & Community Services (CA8).

The purpose of this report is to seek Cabinet approval for changes to formal Section 75 agreement that governs the pooled budget arrangements between Oxfordshire County Council and the Oxfordshire Clinical Commissioning Group. These changes include the contributions of both parties to the pooled budgets for 2014/15, changes to pools to ensure a true risk share between both parties based on level of contribution, and to decision making through the Joint Management Groups that oversee the operation of the pooled budgets.

Cabinet is RECOMMENDED to approve the variations to the Section 75 Agreement for All Client Groups, subject to the inclusion of any necessary changes in the text which may be required following consideration by Oxfordshire Clinical Commissioning Groupand finalisation of the financial contributions of both parties as agreed by the Director for Social & Community Services after consultation with the Cabinet Member for Adult Services.

Cabinet Member: Leader

Forward Plan Ref: 2014/061

Contact: Sue Whitehead, Principal Committee Officer Tel: (01865) 810262

Report by County Solicitor & Monitoring Officer (CA9).

To consider member appointments to a variety of bodies which in different ways support the discharge of the Council’s Executive function.

The Cabinet is RECOMMENDED to:

(a)       agree the appointments as set out in the Annex to this report, subject to any amendments at the meeting;

(b)       RECOMMEND to Council to add the Local Government Association Fire Commission to the list of ‘strategic’ Outside Bodies to which the Cabinet makes appointments and subject to their agreement to the above to make an appointment.

Cabinet had before them a report which sought approval to a number of appointments to a number of bodies which in different ways support the disharge of the Council’s executive functions.

Councillor Hudspeth moved the recommendations with the addition of the following appointment:

(c)     confirm Councillor Ian Hudspeth as the Council’s representative on the Oxfordshire Growth Board and Councillor Rodney Rose as his named substitute.

RESOLVED: to

(a)    agree the appointments as set out in the Annex to this report, subject to any amendments at the meeting;

(b)    RECOMMEND to Council to add the Local Government Association Fire Commission to the list of ‘strategic’ Outside Bodies to which the Cabinet makes appointments and subject to their agreement to the above to make an appointment.

(c)     confirm Councillor Ian Hudspeth as the Council’s representative on the Oxfordshire Growth Board and Councillor Rodney Rose as his named substitute.

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 CA10.  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 for the immediately forthcoming meetings of the Cabinet together with changes set out in the schedule of addenda.

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

At their meeting on 5 June the Performance Scrutiny Committee considered the decision of the Cabinet Member for Environment made on 15 May 2014 following proper notice of a call in.

The Committee AGREED to refer the decision back to Cabinet for it to consider in the light of the following material concerns this committee has about the following aspects of the decision: lack of proper consultation with local Bicester County Councillors.

The following documents are attached:

(a)          A report (CA11) setting out the names of the Councillors who have required the call in and the reasons given for the Call in.

(b)          The report considered by the Cabinet Member for Environment together with an extract of the minutes of the delegated decision session. (CA11).

(c)          Additional information provided to the Performance Scrutiny Committee in response to the call in (CA11):

(i)            a copy of the SW Bicester Planning Statement

(ii)        a summary of the consultation requirements for highways works

(d)          a note of the material concerns of the Performance Scrutiny Committee

At their meeting on 5 June 2014, the Performance Scrutiny Committee had considered the decision of the Cabinet Member for Environment made on 15 May 2014 following proper notice of a call in.

The Committee AGREED to refer the decision back to Cabinet for it to consider in the light of the following material concerns that the committee had about the following aspects of the decision: lack of proper consultation with local Bicester County Councillors.

The Cabinet had before them the report considered by the Cabinet Member for Environment together with an extract of the minutes of the delegated decision session; a copy of the SW Bicester Planning Statement; a summary of the consultation requirements for highways works and a note of the material concerns of the Performance Scrutiny Committee

Councillor Liz Brighouse, speaking as Chairman of the Performance Scrutiny Committee confirmed that the main concerns of the Scrutiny Committee had been around the lack of proper consultation with local Bicester County Councillors and in particular, that the Scrutiny Committee remained concerned that if due process had been carried out whether the outcome would have been different.  This was the question the Cabinet need to address today.

Councillor Waine, speaking as local member indicated that since joining the Council in 2005 he had felt that Cabinet members and officers had ensured that local members had been kept in the loophole and in fact that this had often happened earlier than the required amount of time.  This had not been the case with this scheme.  Although emails had come through saying that local members had been consulted, the reality was that members had received emails informing them of what was going to be done.  Furthermore, the matter had not been raised with local members at Locality Meetings.  He believed if local members had been consulted correctly they would have come forward with a united view.  He stressed the importance of the road for the viability of Bicester Town Centre and of getting the correct traffic calming along that stretch of road.  He urged the Cabinet to refer the Decision back to the Cabinet Member to allow for adequate consultation and to ensure that the correct decision was made, even if this incurred additional cost.

Councillor Hibbert-Biles noted that the local Member for this area was in fact Councillor Les Sibley.  She referred to a copy of an email to Councillor Sibley in February and questioned if Councillor Waine thought that this was not early enough and if it was not the responsibility of Councillor Sibley to disseminate this information to the other local members.

Councillor Mrs Fulljames, speaking as local member for Ploughley questioned why she had not been consulted on the proposals when she represented to the right of Middleton Stoney Road.  She further questioned why a proposal for 16 Road Humps along the Middleton Stoney Road had been put before the Cabinet Member when there had been no discussion or consultation on that specific proposal.  She reiterated that  ...  view the full minutes text for item 59/14