Agenda, decisions and minutes

To approve the minutes of the meeting held on 9 February 2021 (CC1) and to receive information arising from them.

The minutes of the Meeting held on 9 February 2021 were approved and signed as an accurate record of the Meeting, subject to the following amendment:

Minute 90/21 – Councillors voting for the Motion (60) (48).

Council thanked staff for their ongoing commitment and hard work throughout the pandemic.

Council paid tribute to those members that would no longer be standing in the next election.

The Council held a Minute’s silence at 12.00 noon to mark the National Day of Reflection to pause and reflect on the past 12 months and to pay tribute to all those who had died from COVID.

Council paid tribute and held a minute’s silence in memory of former County Councillor Ray Jelf, Member for the Deddington Division 2002 – 2003, 2005 – 2009.

This Council meeting will be held virtually in order to conform with current guidelines regarding social distancing. Normally requests to speak at this public meeting are required by 9 am on the day preceding the published date of the meeting. However, during the current situation and to facilitate these new arrangements we are asking that requests to speak are submitted by no later than 9am four working days before the meeting i.e. 9 am on 17 March 2021. Requests to speak should be sent to Deborah.miller@oxfordshire.gov.uk together with a written statement of your presentation to ensure that if the technology fails then your views can still be taken into account. A written copy of your statement can be provided no later than 9 am 2 working days before the meeting.

Where a meeting is held virtually and the addressee is unable to participate virtually their written submission will be accepted.

Written submissions should be no longer than 1 A4 sheet.

Council received the following Petitions and Public Address:

Petitions

Mr Mark Hull, presented a petition asking the Leader of Oxfordshire County Council to write to the Chair of Thames Water asking Thames Water to:

1.       notify all relevant authorities of the locations where untreated sewage was expected to be released, in time for them to warn river users of the possible presence of human waste in the river.

2.       commit to installing before 2030 sufficient treatment capacity for the needs expected then in all waters receiving Thames Water’s wastewaters, so that all untreated sewage discharges cease by 2030.

3.       support Oxford City Council's request that a location on the river Thames

in Oxford receive Designated Bathing Water Status.

Mr Ruff presented a Petition requesting that Oxfordshire County Council give urgent and independent consideration to the following schemes to improve residents’ parking, reduce traffic speeds, and make roads safer for residents, pedestrians, and cyclists. For the avoidance of doubt, there should be proper public consultation with residents on the design and timing of all schemes and Council officers should proceed with them as quickly as possible:

Residents’ parking schemes:

1. Residents’ parking schemes introduced – urgently – for the following roads (in alphabetical order) where properties do not already benefit from off-road parking: Beargarden Road Berrymoor Road Broughton Road Crouch Street Gilkes Yard Hornbeam Close Westbeech Court West Bar Street.

No cut-throughs, traffic calming, and active travel alternatives:

2. Safety measures at the Broughton-Bath Road junction to slow traffic and improve visibility, together with improved pedestrian crossings on West Bar Street for students and staff at Banbury College, and visitors to our GPs’ and vets’ surgeries;

3. The introduction of safer, segregated cycle ways across Banbury town centre with a view to better connecting residents to the town centre and train station; and

4. A 20 mph zone from Banbury Cross to Queensway including Bath Road, Beargarden Road, West Bar Street, Broughton Road, and Crouch Street to ensure greater safety for pedestrians and cyclists;

5. Re-routing bus services to avoid Bath Road given the easy access of bus stops on the Broughton and Warwick Roads already;

6. No cut-through restrictions and/or a properly planned one-way system on Bath Road and Crouch Street to end rat-running without disadvantaging residents;

7. Consideration of relocating any new residents’ parking spaces on Beargarden Road to the opposite side to improve visibility for pedestrians and motorists.

Ms Lidia Arciszewska presented a petition of some 400 signatures requesting

 to reduce the speed limit, exclude aggregate lorry traffic and facilitate cycling on Lower Road, Long Hanborough.

Mr Charlie Maynard presented a Petition requesting that the Council commits to a feasibility study to define and protect a rail route along the A40 from Wolvercote junction to Witney, for this work to be completed by 2021 year-end and be included in the fifth Local Transport Plan. Additionally, if the application for a £50,000 grant from the DFT’s Restoring Your Railways Ideas Fund was successful, they requested that the Council  ...  view the full minutes text for item 9/21

Mr Andrew Siantonas had given written notice of the following question to Councillor Yvonne Constance

Following the withdrawal of subsidy for the 17 bus in 2016, many people in the Wolvercote and Summertown division of Oxfordshire County Council have lost their ability to independently access facilities across the county. This is because these people find it difficult to walk from, for example, Kendall Crescent shops or Wren Road up to Banbury Road along which the buses run. They have to rely on relatives or friends or pay for expensive taxis. Even though we are looking forward to coming out of lockdown thanks to the success of the vaccination programme, these people will effectively remain in enforced lockdown because of their lack of access to public transport. 

Given the recent government announcement of £3 billion to invest on buses in England, what plans does the County Council have to ensure these people again have access to public transport either by restoring the 17 bus or by providing other acceptable services.

Councillor Constance replied:

The County Council welcomes the publication of the National Bus Strategy and its ambition in relation to providing high quality public transport for the whole community. However, we are at a very early stage in the process and nothing is yet clear, therefore no commitments can be made at this stage to any particular changes or improvements that may be made.

The Council is required to enter into a statutory Enhanced Partnership with bus operators, and to commit to do so by the end of June. This is followed by the production of a Bus Service Improvement Plan which must be finalised by the end of October. These are exceptionally challenging timescales for a comprehensive plan which covers a broad range of areas such as bus priority, vehicles, information, ticketing and branding as well as service provision.

Therefore, at this point the County Council cannot be specific about the improvements that could potentially be delivered by the strategy. We await further details about the £275m funds for the recovery period (covering the next financial year), during which period we expect there to be minimal changes made. Any changes arising from the Partnership and Improvement Plan are not likely to take place before April 2022.

Most people in the Jericho and Cutteslowe areas live within 800 metres of a bus stop served by an exceptionally high number of buses. For those who are unable to access these, community transport options which offer a more door-to-door service may be more suitable. The Comet community bus is available on weekdays between 10am and 2pm and can be used for a wide variety of purposes. Further details are available on the Council’s website at www.oxfordshire.gov.uk/comet or by telephoning 01865 323201 (9am – 12pm Monday to Friday).

The following Supplementary Question was asked at the Meeting:

Thank you for your reply.  I agree that Banbury Road is very well served with buses. However, many of the people who live 800 metres from the  ...  view the full minutes text for item 10/21

37 questions with Notice were asked.  Details of the questions and answers and supplementary questions and answers will be set out in the Annex to the minutes.

In relation to Question 6, Councillor Constance undertook to notify parish and town councils in advance of the works starting.

In relation to Question 7, Councillor Lindsay-Gale undertook to send Councillor Fenton a full list of schools which were significantly under roll for next year.

In relation to Question 12, Councillor Constance undertook to provide Councillor Bartington with a written answer in relation to point 5 of the written response and in particular what quality control was in place in terms of audit and implementation.

In relation to Question 13, Councillor Constance undertook to provide Councillor Bartington with a written answer as to whether there was any possibility of extending the timescale for Witney.

In relation to Question 21, Councillor Reeves gave an assurance (as far as he was able) to Councillor Fatemian that works would start on 10 May 2021 as planned.

Report of the Cabinet Meetings held on 15 December 2020, 19 January 2021 and 23 February 2021 (CC9).

Council received the report of the Cabinet.

In relation to paragraph 3 of the report (Question from Councillor Webber to Councillor Lindsay-Gale) Councillor Lindsay-Gale undertook to provide Councillor Webber with a written response with specific details about what discussions Oxfordshire had to produce a settlement to remove the High Needs Block deficit.

In relation to paragraph 4 of the report (Question from Councillor Webber to Councillor Constance) Councillor Constance undertook to raise the issue of prioritising actions to address the Climate Emergency, by ensuring that the quantifying by best estimate all carbon generating activities as well as any ameliorating measures were given high prominence in the vision document, rather than in Appendix 2.

In relation to paragraph 8 of the report (Question from Councillor Hanna to Councillor Bartholomew) Councillor Bartholomew undertook to provide Councillor Hanna with a written response regarding the new Grove School and whether there was any risk that the Department of Education intervention would have a detrimental impact on the agreed timeline and delivery of the Grove Airfield School by 2023.

In relation to paragraph 8 of the report (Question from Councillor Phillips to Councillor Bartholomew) Councillor Bartholomew undertook to provide Councillor Phillips with a written response in relation to the Capital Programme Monitoring Report on the number of projects that had received an early warning notice which had incurred additional costs and whether they had exceeded the contingency budget.

Report by the Director of Law & Governance and Monitoring Officer (CC10).

Under the Constitution, the Monitoring Officer is required to monitor and review the operation of the Constitution to ensure that its aims, principles and requirements are given full effect. This includes making recommendations to Council on any necessary amendments.  The report before Council seeks the approval of one change. It also seeks approval for a proposed way forward for reviewing the Constitution.

Council is RECOMMENDED to approve:

(a)       the proposed amendment (at paragraph 8) to bring the definition of a Key Decision into the main body of the text with the addition of consultation arrangements for Key Decisions taken by officers;

(b)       the proposal that the Monitoring Officer should bring forward proposals to the Audit & Governance Committee, after the May 2021 County Council elections, in the 4th cycle of the meetings for that Committee, for achieving a full review of the structure and content of the Constitution.

Under the Constitution, the Monitoring Officer was required to monitor and review the operation of the Constitution to ensure that its aims, principles and requirements were given full effect. This included making recommendations to Council on any necessary amendments.  The Council had before it a report which sought the approval of one change. It further sought approval for a proposed way forward for reviewing the Constitution.

RESOLVED: (on a Motion from Councillor Nick Carter, seconded by Councillor Tony Ilot and carried nem con) to approve:

(a)       the proposed amendment (at paragraph 8) to bring the definition of a Key Decision into the main body of the text with the addition of consultation arrangements for Key Decisions taken by officers;

(b)       the proposal that the Monitoring Officer should bring forward proposals to the Audit & Governance Committee, after the May 2021 County Council elections, in the 4th cycle of the meetings for that Committee, for achieving a full review of the structure and content of the Constitution.

Report by Director of Finance (CC11).

As part of an Independent Governance Review of the Pension Fund, Hymans Robertson recommended changes to the constitution of the Pension Fund Committee.  The main driver for the recommended changes was to improve the representation of Scheme Employers on the Fund, whilst maintaining the majority position of the County Council as the Administering Authority.  This is consistent with best practice guidance from the LGPS Scheme Advisory Board.  The changes also result in a reduction of 2 in the total membership which should facilitate ensuring all Committee members have the requisite skills and knowledge to undertake their responsibilities on the Committee and improve the effectiveness of the Committee.  The Pension Fund Committee at its meeting supported the proposals and recommended that these should be in place before the formation of the new Pension Fund committee following the May elections.

Council is RECOMMENDED to agree the changes to the constitution of the Pension Fund Committee as follows:

·        5 County Council Representatives selected in accordance with the political balance of the Council.  These would form the only voting members of the new Committee

·        2 Academy School Representatives – non-voting   

·        1 Oxford Brookes University Representative – non-voting

·        1 District Council Representative – non-voting

·        1 Scheme Member Representative – non-voting.

As part of an Independent Governance Review of the Pension Fund, Hymans Robertson recommended changes to the constitution of the Pension Fund Committee.  The main driver for the recommended changes was to improve the representation of Scheme Employers on the Fund, whilst maintaining the majority position of the County Council as the Administering Authority.  This was consistent with best practice guidance from the LGPS Scheme Advisory Board.  The changes also resulted in a reduction of 2 in the total membership which should facilitate ensuring all Committee members had the requisite skills and knowledge to undertake their responsibilities on the Committee and improve the effectiveness of the Committee.  The Pension Fund Committee at its meeting supported the proposals and recommended that these should be in place before the formation of the new Pension Fund committee following the May elections.  Council had before it a report which sought approval to the changes outlined above.

Councillor Kevin Bulmer moved and Councillor Nick File-Johnson seconded that the recommendations set out in the report and on the face of the agenda be adopted.

Following debate, the Motion was put to the vote and was carried by 46 votes to 14, with 2 abstentions.

RESOLVED: (by 46 votes to 14, with 2 abstentions) to agree the changes to the constitution of the Pension Fund Committee as follows:

·        5 County Council Representatives selected in accordance with the political balance of the Council.  These would form the only voting members of the new Committee

·        2 Academy School Representatives – non-voting   

·        1 Oxford Brookes University Representative – non-voting

·        1 District Council Representative – non-voting

·        1 Scheme Member Representative – non-voting.

Report by the Director for Law & Governance and Monitoring Officer (CC12).

In 2020 both Oxfordshire Joint Health Overview and Scrutiny Committee and Oxfordshire’s Council approved in principle Terms of Reference for a new health overview scrutiny committee which will scrutinise system-wide health issues across the Buckinghamshire, Oxfordshire and Berkshire West (BOB) area.

The report seeks Council’s approval of revisions to those Terms of Reference, which were proposed jointly at a meeting of HOSC Chairs and scrutiny officers in the relevant 5 BOB local authorities on 5 February 2021. The revised Terms of Reference were approved by the Oxfordshire Joint Health Overview and Scrutiny Committee at its meeting on 12 March 2021.

The Council is RECOMMENDED to approve:

(a)       the revisions to the draft Terms of Reference for a health scrutiny committee for health system-wide issues across the Buckinghamshire, Oxfordshire and Berkshire West (BOB) area;

(b)       a delegation from Council to enable the Monitoring Officer, in consultation with the Chairman and Deputy Chairman of the Oxfordshire Joint Health Overview and Scrutiny Committee, to make minor changes to the Terms of Reference after 23 March 2021 should other BOB councils request them as part of their own approval process.

In 2020 both Oxfordshire Joint Health Overview and Scrutiny Committee and Oxfordshire’s Council approved in principle Terms of Reference for a new health overview scrutiny committee which would scrutinise system-wide health issues across the Buckinghamshire, Oxfordshire and Berkshire West (BOB) area.

Council had before it a report which sought approval of revisions to those Terms of Reference, which were proposed jointly at a meeting of HOSC Chairs and scrutiny officers in the relevant 5 BOB local authorities on 5 February 2021. The revised Terms of Reference were approved by the Oxfordshire Joint Health Overview and Scrutiny Committee at its meeting on 12 March 2021.

Councillor Arash Fatemian moved and Councillor Ian Hudspeth seconded that the recommendations set out in the report and on the face of the Agenda be adopted.

Following debate, the Motion was put to the vote and was carried by 48 votes to 13, with 2 abstentions.

RESOLVED: (by 48 votes to 13, with 2 abstentions) to approve:

(a)           the revisions to the draft Terms of Reference for a health scrutiny committee for health system-wide issues across the Buckinghamshire, Oxfordshire and Berkshire West (BOB) area;

(b)           a delegation from Council to enable the Monitoring Officer, in consultation with the Chairman and Deputy Chairman of the Oxfordshire Joint Health Overview and Scrutiny Committee, to make minor changes to the Terms of Reference after 23 March 2021 should other BOB councils request them as part of their own approval process.

Report by the Director for Law & Governance and Monitoring Officer (CC13).

The report seeks approval to a temporary variation to the delegated powers of the Chief Executive to aid effective decision making in the period between the retirement of councillors following the elections in May and the Annual Council meeting on 18 May 2021.

Council is RECOMMENDED to agree a temporary variation to Part 7.1 of the Constitution Specific Powers and Functions of Particular Officers with effect that from 10 May to 18 May 2021 paragraph 6.3 (c) is to be read as follows:-

“(c) Any function of the Cabinet or of a Council committee or sub-committee, after consultation with the appropriate Director and thereafter with the Chairman and Vice-Chairman of the Council and the Leader, as appropriate.”

Council had before it a report which sought approval to a temporary variation to the delegated powers of the Chief Executive to aid effective decision making in the period between the retirement of councillors following the elections in May and the Annual Council meeting on 18 May 2021.

RESOLVED: (on a Motion by Councillor Les Sibley, seconded by Councillor John Howson and carried nem con) to agree a temporary variation to Part 7.1 of the Constitution Specific Powers and Functions of Particular Officers with effect that from 10 May to 18 May 2021 paragraph 6.3 (c) is to be read as follows:-

“(c) Any function of the Cabinet or of a Council committee or sub-committee, after consultation with the appropriate Director and thereafter with the Chairman and Vice-Chairman of the Council and the Leader, as appropriate.”

Report by the Director for Law & Governance and Monitoring Officer (CC14).

The report notifies Full Council of a decision by the then Interim Monitoring Officer on the outcome of a Member Code of Conduct complaint, following the meeting of a Members’ Advisory Panel in December last year.

The Council is RECOMMENDED to note the decision of the Interim Monitoring Officer with regard to a Members’ Code of Conduct Complaint concerning Cllr Liam Walker.

Council had before it a report which notified Full Council of a decision by the then Interim Monitoring Officer on the outcome of a Member Code of Conduct complaint, following the meeting of a Members’ Advisory Panel in December last year.

RESOLVED: (on a Motion by Councillor Les Sibley, seconded by Councillor John Howson and carried nem con) to note the decision of the Interim Monitoring Officer with regard to a Members’ Code of Conduct Complaint concerning Cllr Liam Walker.

“This Council notes that the National Domestic Abuse Helpline received over 40,000 calls and contacts during the first three months of the Covid-19 lockdown [BBC July 2020].

Domestic Violence is common and overwhelmingly impacts women and girls globally, nationally and in Oxford as well as children and men.   Domestic violence impacts on workplaces and communities and is a significant cost to the public purse.

 This Council recognises that:

·            The Covid pandemic, lockdowns and restrictions make it more difficult for survivors to seek help;

·            Local authorities have a duty of safety to their employees and residents using services and are working to stop domestic violence.

This Council resolves to:

·            Review the Corporate Domestic Violence Policy that applies to service delivery and employment for Oxfordshire County Council, support  implementation with training and monitor and review annually.

·            Work with partner agencies, communities and trade unions to promote measures to increase the safety of those experiencing domestic violence.

·            Provide information on how to help friends, family and colleagues experiencing domestic abuse.

·            Campaign and lobby for increased sustainable funding from central government for organisations working with victims and survivors, especially services for BAME communities that are underfunded.”

Councillor Deborah McIlveen moved and Councillor Mark Cherry seconded the following Motion:

“This Council notes that the National Domestic Abuse Helpline received over 40,000 calls and contacts during the first three months of the Covid-19 lockdown [BBC July 2020].

Domestic Violence is common and overwhelmingly impacts women and girls globally, nationally and in Oxford as well as children and men.   Domestic violence impacts on workplaces and communities and is a significant cost to the public purse.

 This Council recognises that:

·            The Covid pandemic, lockdowns and restrictions make it more difficult for survivors to seek help;

·            Local authorities have a duty of safety to their employees and residents using services and are working to stop domestic violence.

This Council resolves to:

·            Review the Corporate Domestic Violence Policy that applies to service delivery and employment for Oxfordshire County Council, support  implementation with training and monitor and review annually.

·            Work with partner agencies, communities and trade unions to promote measures to increase the safety of those experiencing domestic violence.

·            Provide information on how to help friends, family and colleagues experiencing domestic abuse.

·            Campaign and lobby for increased sustainable funding from central government for organisations working with victims and survivors, especially services for BAME communities that are underfunded.”

During debate, in which several members gave emotional personal testimonies, seven members, by standing in their places requested that the vote be recorded in the Minutes (Council Procedure Rule 17.4.1).  Accordingly, the Motion was put to the vote.  Voting was as follows:

Councillors voting for the Motion (63):

Afridi, Azad, Banfield, Bartholomew, Bartington, Bearder, Billington, Brighouse, Buckley, Bulmer, Carter, Cherry, Clarke, Constance, Corkin, Fawcett, Fatemian,  Fenton, Field-Johnson, Fitzgerald O’Connor, Fox-Davies, Gawrysiak, Gray, Griffiths, Handley, Hanna, Hannaby, Harris, Harrod, Haywood, Heathcoat, Hibbert-Biles, Howson, Hudspeth, Ilot, Johnston, Leffman, Lindsay-Gale, Lygo, Mallon, Matelot, Mathew, Mcllveen, Phillips, Pressel, Price, Reeves, Reynolds, Roberts, Rooke, Sames, Gill Sanders, John Sanders, Sibley, Emily Smith, Roz Smith, Stratford, Sudbury, Thompson, Turnbull, Waine, Walker and Webber.

Councillors voting against the motion (0), Councillors abstaining (0).

RESOLVED: (unanimously):

This Council notes that the National Domestic Abuse Helpline received over 40,000 calls and contacts during the first three months of the Covid-19 lockdown [BBC July 2020].

Domestic Violence is common and overwhelmingly impacts women and girls globally, nationally and in Oxford as well as children and men.   Domestic violence impacts on workplaces and communities and is a significant cost to the public purse.

 This Council recognises that:

·            The Covid pandemic, lockdowns and restrictions make it more difficult for survivors to seek help;

·            Local authorities have a duty of safety to their employees and residents using services and are working to stop domestic violence.

This Council resolves to:

·            Review the Corporate Domestic Violence Policy that applies to service delivery and employment for Oxfordshire County Council, support  implementation with training and monitor and review annually.

·            Work with partner agencies, communities and trade unions to promote measures to increase the safety of those experiencing domestic violence.

·            Provide information on how to help friends, family and colleagues experiencing domestic abuse.

·            Campaign  ...  view the full minutes text for item 18/21

Following the Vote on the preceding item, Councillor Eddie Reeves indicated that he wished to move a procedural Motion (Council Procedure Rule 14.1.) to enable the Meeting to finish.

The Council adjourned for 10 minutes to allow the Chairman to seek advice from the Monitoring Officer.  Following the adjournment, the Monitoring  officer advised that to end the meeting Council Procedural Rule 14.1(x) (to suspend a specified Council Procedure Rule or part thereof) to suspend and therefore alter the specified cut off time by which the meeting should conclude (i.e. by 3.30 p.m.) referred to in Council Procedure Rule (CPR) 5.1.(iii) would need to be moved, which would then in effect end the meeting and mean that the remaining business on the Agenda would be considered dropped in accordance with Council Procedural Rule 13.5.8.

Accordingly, Councillor Eddie Reeves moved and Councillor Damian Haywood seconded Council Procedural Rule 14.1(x) (to suspend a specified Council Procedure Rule or part thereof) to suspend and therefore alter the specified cut off time by which the meeting should conclude (i.e. by 3.30 p.m.) of the Meeting at Council Procedural Rule 5.1(iii).

The Motion was put to the vote and was agreed by 59 votes to 2, with 1 abstention.

RESOLVED: (by 59 votes to 2, with 1 abstention) Council Procedural Rule 14.1(x) (to suspend a specified Council Procedure Rule or part thereof) to suspend and therefore alter the specified cut off time by which the meeting should conclude (i.e. by 3.30 p.m.) of the Meeting at Council Procedural Rule 5.1(iii).

“The Council’s Procurement procedures have been the subject of concern for some time. At the latest Audit and Governance Committee meeting, the subject of a claim made over a breach of Procurement procedures by the Council was considered. This breach of procedure has cost the Council, and hence Oxfordshire taxpayers, £1.6 million in compensation and legal costs.

Council notes that the role of the Audit & Governance Committee is to ensure that the Council's procedures are robust, that taxpayer's money is controlled properly and that it is spent wisely.

The timeline provided to the Audit and Governance Committee meeting on this matter shows that the Portfolio Holder and the Chair of Audit and Governance were both aware of the breach and cost of court settlement in February 2020, but the Committee was only informed in January 2021. Council believes that by withholding this information from the Audit and Governance Committee for 11 months, the Executive failed to act in the interest of Oxfordshire taxpayers.

Council commits to ensuring that, in future, in the interests of transparency and good governance, any breaches of procedure are made known to members of the Audit and Governance Committee as soon as they are known to the Executive, and that committee members are allowed to see any reports relating to such breaches of procedure (redacted as necessary), following any reasonable request from members of that committee and assuming there is no legal reason why such documents should be with-held.

Following the Motion without Notice, these Motions were considered dropped in accordance with Council Procedure Rule 13.5.8.