Agenda, decisions and minutes

To approve the minutes of the meeting held on 14 July 2015 (CC1) and to receive information arising from them.

The Minutes of the Meeting held on 14 July 2015 were approved and signed.

Apologies for absence were received from Councillors Godden, Langridge, Owen and Webber.

The Council welcomed Zoe Patrick back on her return to the Chamber.

The Chairman reported as follows:

Council paid tribute to the Joanna Simons on her 10 years’ service as Chief Executive to Oxfordshire County Council.  The Chairman presented Joanna with bouquet of flowers on behalf of Council as a token of its appreciation.

Council paid tribute and held a minute’s silence to honour the memory of former County Councillor Ann Bonner, County Councillor from 2009-2013 and former County Councillor Richard Rymer, County Councillor from 1985 – 1989.

Council received the following public address:

Ms Helen Marshall, spoke on behalf of Protect Rural Oxfordshire (PRO) against the proposals in relation to Park & Ride Sites set out in Agenda Item 14, Local Transport Plan 2015 – 2031.  PRO believed the sites proposed in the Plan would have a severe detrimental impact on the greenbelt and that the County Council should have conducted proper research into the impact of such sites before including them in the Strategy.  PRO further questioned the logic of locating Park & Ride sites in the Countryside, thus moving congestion onto rural roads.  Furthermore, there was no information in the Park & Ride Strategy explaining why 6 of the proposed sites were in the greenbelt and the cumulative effect this would have, or whether alternative sites had been considered.  She urged the Council to reject the LTP4 until a proper evidence based study had been carried out into Park & Ride provision in Oxfordshire.

Ms Julie Mabberley, speaking in relation to Agenda Item 14, urged the Council to oppose the Local Transport Plan 4 (LTP4) on the basis that the Strategy was not strategic and did not include planned funds for the transport infrastructure needed to support the proposed growth in the Wantage & Grove area in terms of road infrastructure, public transport, cycling and local schools.

Ms Jill Huish, local Resident and user of children centres in Oxford spoke in relation to agenda Item 8, Questions with Notice from Members of the Council against the closures of Children’s Centres.  She related her personal experiences with the centres, including the extensive support she received through Domestic Violence.  She urged the County Council to reconsider closing the centres as they provided essential support to mothers and families such as outreach, domestic violence, breast feeding, mental health support, speech therapy, freedom support and nutrition allowing families to help themselves before intervention was needed. She believed the closure of the centres would see an increase in Social Services intervention and leave many families in Oxfordshire isolated and vulnerable.

Mr Alexander Murray, Local resident of Witney spoke in support Agenda Item 15, Motion from Councillor Laura Price.  He expressed deep concern that the trust had been implementing changes to the Community Hospital without due and proper consultation and that further changes would result in patients from Witney having to go elsewhere for treatment.  He urged the Council to support the Motion put forward by Councillor Laura Price.

Mr David Hartley, West Oxon 38 Campaign Group spoke in support of Agenda Item 15, Motion from Councillor Laura Price.  He expressed deep concern over the implemented changes carried out thus far including ward closure and staff losses at the Witney Community Hospital. He further expressed concern that the implementations had not been carried out with the expected transparency or formal consultation with all 'stakeholders' and that the decision by the OCCG, raised serious questions regarding the future integrity of WCH to offer the high standard of health provision it had been clearly able to manage  ...  view the full minutes text for item 53/15

Mrs Alison Williams to Councillor Judith Heathcoat

Can the Cabinet Member for Adult Social Care assure ratepayers, Councillors and those who use the services that thorough risk assessments have been undertaken which take into account potential health & safety hazards that will be faced by the most vulnerable people in our county as a result of reduction in services due to the most recent cuts to their budgets in this financial year and following years?

Furthermore, can the responsible Councillor explain and give proof to elected members residents and users that reassure us that none of the people of Oxfordshire will be at any serious risk or harm as a result of this third round of severe cuts in services.

Answer:

Adult Social Care prioritises the safety and wellbeing of all service users and carers, and has overarching statutory responsibility for safeguarding the adult population of the county. As such, all decisions taken in the directorate include full consideration of the potential impact they will have, both positive and negative, to ensure that there will not be any unacceptable risks or consequences resulting from proposed changes.

In line with national good practice and Oxfordshire County Council policy, all proposals to change policy, service delivery or projects are informed by a Service and Community Impact Assessment (SCIA). This considers the potential impact of the proposals on individuals and communities, staff, other service areas, and partner and provider organisations. Assessments consider the full range of potential risks and impacts, including health and safety, and set out the action that will be taken to mitigate any negative impacts identified.

The Service and Community Impact Assessments are used to inform decision-making within Adult Social Care and for the Council as a whole - Service and Community Impact Assessments accompany Cabinet papers recommending changes in policy, projects and service delivery. An overall impact assessment considering the cumulative impact of changes in the council budget on particular groups and individuals is also produced each year as part of the papers agreed by Cabinet and Council.

Supplementary Question

Would you agree with me that your answer merely describes the process and the services and that the Community Impact Assessments, on the Council Website, do not clearly identify any evidence or show low, medium and high risk assessments addressing health and safety and legal rights of vulnerable people?  Do you not agree that they do not set objectives, which have due regard to the duties placed on the Council by their own Equality Policy, the Human Rights Act 2010, or the Council’s own Constitution, which can identify councillors who vote for those savage cuts, if legal proceedings ensue, because now you are remiss in gathering sufficient evidence to inform your decisions.

Answer

What the supplementary question shows is that it is believed by many that we are cutting what people get.  Oxfordshire County Council is not, we will continue to meet eligibility need.  Paragraph 1 states that we have overarching statutory responsibility for safeguarding the adult population.  Paragraph 2  ...  view the full minutes text for item 54/15

16 Questions with notice were asked.  Details of the questions and answers and the supplementary questions and answers (where asked) are set out in Annex 1 to the Minutes.

In relation to Question 15 (Question from Councillor Harris to Councillor Hudspeth) Councillor Hudspeth gave a commitment to organise a meeting of interested councillors across the County

Report by the Chief Human Resources Officer (CC9)

As a result of the current Chief Executive leaving the Council at the end of September 2015, it is a legal requirement for the Council to appoint a new Head of Paid Service.

At the last meeting of Council on 14 July, the Council commenced the statutory procedure for making this appointment, nominating Mr Peter Clark, the Chief Legal Officer. Council also noted that if it wished to appoint the Chief Legal Officer as the Head of Paid Service then it would also need to make a nomination to the post of Monitoring Officer. This is because the law does not allow the same person to be both a Monitoring Officer and a Head of Paid Service for the same authority.  As a result, Council nominated Mr Nick Graham, the Deputy Head of Law and Culture, to be the successor Monitoring Officer.  These nominations were subject to consultation with Cabinet Members. No objections were made to either appointment and so this report sets out the procedural requirements for Council to finalise these senior officer appointments.

Council is RECOMMENDED to confirm the following:

(a)          that the Chief Legal Officer be appointed as the Council’s Head of Paid Service;

(b)         that the Deputy Head of Law and Culture be appointed as the Council’s Monitoring Officer;

(c)          that both appointments take effect on the cessation of the current Chief Executive’s employment with the Council.

At the last meeting of Council on 14 July, the Council commenced the statutory procedure for making the appointment of Head of Paid Service, nominating Mr Peter Clark, Chief Legal Officer. Council also noted that if it wished to appoint the Chief Legal Officer as the Head of Paid Service then it would also need to make a nomination to the post of Monitoring Officer. This was because the law did not allow the same person to be both a Monitoring Officer and a Head of Paid Service for the same Authority.  As a result, Council nominated Mr Nick Graham, the Deputy Head of Law and Culture, to be the successor Monitoring Officer.  These nominations were subject to consultation with Cabinet Members. No objections were made to either appointment.

Council had before them a report (CC9) which set out the procedural requirements for Council to finalise these senior officer appointments.

RESOLVED:  (on a motion by Councillor Hudspeth, seconded by Councillor Rose and carried by 58 votes to 0, with 1 abstention) to confirm the following:

(a)          that the Chief Legal Officer be appointed as the Council’s Head of Paid Service;

(b)          that the Deputy Head of Law and Culture be appointed as the Council’s Monitoring Officer;

(c)          that both appointments take effect on the cessation of the current Chief Executive’s employment with the Council.

Report by Chief Finance Officer (CC10).

The report sets out the Treasury Management activity undertaken in the financial year 2014/15 in compliance with the CIPFA Code of Practice.  The report includes Debt and Investment activity, Prudential Indicator Outturn, Investment Strategy, and interest receivable and payable for the financial year.

Council is RECOMMENDED to note the Council’s Treasury Management Activity in 2014/15.

The Council had before them a report by the Chief Finance Officer (CC10) which set out the Treasury Management activity undertaken in the financial year 2014/15 in compliance with the CIPFA Code of Practice. The report included Debt and Investment activity, Prudential Indicator Outturn, Investment Strategy, and interest receivable and payable for the financial year.

During debate, the Shadow Cabinet Member asked a number of detailed questions which the Cabinet Member, Councillor Lawrie Stratford agreed to respond to in writing.  The questions were as follows:

1.      Is lending to other local authorities genuinely safe;

2.      In the light of our cash balance of £341m and his recent criticisms of councils' cash balances, are we at risk of being penalised by the Chancellor;

3.      While growth at 3% sounds impressive (Para 7), doesn't the trade deficit of 5 or 6% of GDP pose risks; and

4.      In view of the economic slow-down in China, should we reconsider the inclusion of Overseas-China Banking Corporation in our list Lending List?

RESOLVED: (on a motion by Councillor Stratford, seconded by Councillor Hudspeth and carried nem con) to note the Council’s Treasury Management Activity in 2014/15.

Report by the Head of Policy (CC11).

This Annual report to Council aims to set out some of the key activities over the past year of both the Oxfordshire Partnership, and a number of the key formal partnerships within which the County Council plays a part.

This report provides an update on the Oxfordshire-wide partnerships which are critical in progressing key countywide priorities, enabling partners to work across the themes of a thriving Oxfordshire, including economic growth, health and wellbeing, thriving communities, and support to the most vulnerable.

Each partnership report addresses the following points: the current focus for the Partnership; the personnel (Chairman and supporting staff) of the Partnership; the Partnership's governance arrangements; the Partnership's key achievements in the last year; the aims for the Partnership in the year ahead; the key challenges for the Partnership and how these will be addressed going forward.

Council is RECOMMENDED to note the report.

The Council had before them an Annual report which set out some of the key activities over the past year of both the Oxfordshire Partnership and a number of other key formal partnerships within which the County Council played a part.

The report provided an update on the Oxfordshire-wide partnerships which were critical in progressing key countywide priorities, enabling partners to work across the themes of a thriving Oxfordshire, including economic growth, health and wellbeing, thriving communities, and support to the most vulnerable.

Each partnership report addressed the following points: the current focus for the Partnership; the personnel (Chairman and supporting staff) of the Partnership; the Partnership's governance arrangements; the Partnership's key achievements in the last year; the aims for the Partnership in the year ahead; the key challenges for the Partnership and how those would be addressed going forward.

RESOLVED: (on a motion by Councillor Hudspeth, seconded by Councillor Rose and carried nem con) to note the report.

Report by the Director of Public Health (CC12).

The annual report summarises key issues associated with the Public Health of the County. It includes details of progress over the past year as well as information on future work.

It is an independent report for all organisations and individuals.

The report covers the following areas:

Chapter 1: The Demographic Challenge

Chapter 2: Health, Houses and Roads

Chapter 3: Breaking the Cycle of Disadvantage

Chapter 4: Mental Health

Chapter 5: Lifestyle and Health: We are what we eat, drink, smoke and do

Chapter 6: Fighting Killer Diseases

The report has also been considered during July 2015 at the Oxfordshire Health Overview & Scrutiny Committee the Oxfordshire Health and Wellbeing Board and Oxfordshire County Council’s Cabinet.

Council is RECOMMENDED to receive the report.

The Council had before them the 8^th Annual Report by the Director of Public Health which summarised key issues associated with the Public Health of the County. It included details of progress over the past year as well as information on future work.  It was an independent report for all organisations and individuals. 

The report had also been considered during July 2015 at the Oxfordshire Health Overview & Scrutiny Committee the Oxfordshire Health and Wellbeing Board and Oxfordshire County Council’s Cabinet.

RESOLVED: (on a motion by Councillor Hibbert-Biles, seconded by Councillor Hudspeth and carried nem con) to receive the report.

Report of the Cabinet meeting held on 21 July 2015 (CC13).

The Council received the report of the Cabinet.

In relation to paragraph 7 (2015/16 Financial Monitoring & Business Strategy Delivery Report – May 2015) (Question from Councillor Smith) Councillor Stratford gave an assurance to ask Councillor Nimmo Smith to provide Councillor Smith with a written answer to the following 2 questions:

Transport & highways budgets for projects – when will we see how that money will be spent?

What is being done about the A40 crossing and traffic calming in Quarry Hollow?

In relation to paragraph 8 (Public Health Annual Report) (Question from Councillor Phillips) Councillor Hibbert-Biles gave an assurance to provide Councillor Phillips with a written answer with details on why the 7 Health targets will not be met.

Connecting Oxfordshire: Local Transport Plan 2015-2031 (LTP4) was approved by Cabinet on 21 July 2015 and recommended for adoption by Full Council at its meeting in September 2015. This replaces LTP3 that was adopted as Council policy on 5 April 2011 and subsequent approved revision on 10 July 2012. The 16 year timescale of the Plan gives major benefits in terms of providing a transport strategy that covers the period of the district councils’ Local Plans and allows for long term planning of major infrastructure.

Connecting Oxfordshire has been developed over the past 18 months, in response to the rapidly changing national and local growth, economic development, infrastructure planning and funding agendas. The aim has been to develop a comprehensive policy and strategy framework to maximise opportunities for Oxfordshire, building on the success over the past two years on City Deal and other initiatives, and complement the Oxfordshire Strategic Economic Plan (SEP) and supporting documents.

It is next proposed to be updated in spring 2016. In the meantime, the LTP will continue to inform our strategic infrastructure planning work, bids for Growth Funding and other sources, and the updated Strategic Economic Plan. Thereafter, LTP4 will be reviewed and updated regularly (at least on an annual basis), with any interim changes being made with the agreement of the Deputy Director for Strategy & Infrastructure Planning and Cabinet Member for Environment, provided that these are presented to County Council for approval within 12 months.

This report outlines the further changes to LTP4 since approval by Cabinet in July 2015. This includes a proposed timeline for a revised County Rail Strategy (for adoption in spring 2016), and updates to the Local Area and Supporting Strategies, including Freight, as requested at July Cabinet. The annexes to the report have been circulated to all Members of the Council only and are available at www.oxfordshire.gov.uk.

Council is RECOMMENDED to:

  (a)                    adopt Connecting Oxfordshire: Local Transport Plan 2015-2031 (LTP4) as council policy; and

  (b)                    instruct the Deputy Director of Environment and Economy (Strategy & Infrastructure Planning), in consultation with the Cabinet Member for Environment, to keep the document under review and to make any necessary changes, subject to any such changes being reported to County Council for approval within 12 months.

With the agreement of Council, Councillor Nimmo Smith accepted the proposed amendment by Councillor Fooks as follows:

“This Council passed a motion in April 2014 recommending that LTP4 should recognize the need to reduce pollutants from road traffic. 

Whilst admitting that air quality “may well get worse with increasing traffic levels”, LTP4 seriously underestimates the impact on health of exposure to NOx gases and Particulates.

LTP4 estimates that 13,000 premature deaths a year are caused by overall combustion emissions, with road transport being the biggest source, although the estimate until recently was that 29,000 premature deaths are caused each year due to particulates alone. Even this figure is less than half the latest estimate by the “Committee on the Medical Effects of Air Pollutants”.

Council therefore requests that LTP4 should be strengthened in its aims to reduce air pollution by more positively:

·         Encouraging walking and cycling;

·         restricting diesel vehicles in town centres;

·         working more proactively with the city and District Councils to

develop and enact Air Quality Action Plans;

·         introducing low-or zero-emission mass transit vehicles.”

Following debate, the motion as amended was put to the vote and was Agreed by 32 votes to 25, with 2 abstentions.

RESOLVED: (on a motion by Councillor Nimmo Smith, seconded by Councillor Hudspeth and carried by 32 votes to 25, with 2 abstentions) to:

(a)          adopt Connecting Oxfordshire: Local Transport Plan 2015-2031 (LTP4) as council policy; and

(b)          instruct the Deputy Director of Environment and Economy (Strategy & Infrastructure Planning), in consultation with the Cabinet Member for Environment, to keep the document under review and to make any necessary changes, including the amendment by Councillor Jean Fooks, subject to any such changes being reported to County Council for approval within 12 months.

“Since May 2015 several of our Community Hospitals have undergone changes to the services they deliver and how those services are delivered. Individually these changes have not been deemed appropriate for public consultation and communities have been left feeling cheated of an opportunity to engage.

These hospitals form an integral part of the work of Oxfordshire Adult Social Care and are crucial in providing seamless appropriate and timely care for vulnerable elderly and disabled people in the County.

This Council, therefore, asks that in their role as commissioner, the Oxfordshire Clinical Commissioning Group and Oxfordshire County Council urgently co-ordinate a full public consultation on the future shape of Oxfordshire's Community Hospitals before further incremental changes damage the public's relationship with these vital services.”

With the consent of Council, Councillor Price moved and Councillor Heathcoat seconded her motion as amended below in strikethrough:

“Since May 2014 several of our Community Hospitals have undergone changes to the services they deliver and how those services are delivered.  Individually these changes have not been deemed appropriate for public consultation and communities have been left feeling cheated of an opportunity to engage.

These hospitals form an integral part of the work of Oxfordshire Adult Social Care and are crucial in providing seamless appropriate and timely care for vulnerable elderly and disabled people in the County.

This Council, therefore, asks that in their role as commissioner, the Oxfordshire Clinical Commissioning Group lead on a full public consultation on the future shape of Oxfordshire’s Community Hospitals and that Oxfordshire Council fully engage with the process and Oxfordshire County Council urgently co-ordinate a full public consultation on the future shape of Oxfordshire’s Community Hospitals before further incremental changes damage the public’s relationship with these vital services.”

Following debate, the motion, as amended was put to the vote and was carried nem con.

RESOLVED:  (nem con)

Since May 2014 several of our Community Hospitals have undergone changes to the services they deliver and how those services are delivered.  Individually these changes have not been deemed appropriate for public consultation and communities have been left feeling cheated of an opportunity to engage.

These hospitals form an integral part of the work of Oxfordshire Adult Social Care and are crucial in providing seamless appropriate and timely care for vulnerable elderly and disabled people in the County.

This Council, therefore, asks that in their role as commissioner, the Oxfordshire Clinical Commissioning Group lead on a full public consultation on the future shape of Oxfordshire’s Community Hospitals and that Oxfordshire Council fully engage with the process before further incremental changes damage the public’s relationship with these vital services.

Councillor Bulmer moved and Councillor Harrod seconded the following motion:

“As we all know, this Council is facing extreme pressure to reduce expenditure, to the extent that we are now considering closing some of our Household Waste Recycling Centres in order to save some £350,000 annually.  An alternative to these closures would be to charge residents for their use. However, long-standing legislation from the Civic Amenities Act 1967 to the Environmental Protection Act 1990 has required local authorities to provide free-to-use household waste recycling centres for their residents to dispose of household rubbish and recycling. The government’s 2011 waste review upheld this principle.

The government is concerned these charges will inconvenience residents; increase fly-tipping and back-yard burning; and make recycling harder for people rather than its stated objective of making it easier. The government believes that residents should continue to have free access to household waste recycling centres in their local authority area.

However, when the alternative to ‘free access’ becomes ‘no access’, this argument loses some of its impetus.  In spite of the noted success of kerbside recycling in Oxfordshire, there are still a million-plus trips made to HWRCs in this county annually. Clearly, a nominal charge of a pound a time would generate far more revenue than the £350,000 savings target.

This Council calls upon the Leader of the Council to send a letter to the Secretary of State for Communities and Local Government requesting an urgent re-evaluation of the government’s stance, thereby to enable LAs to charge residents to use HWRCs, in order to prevent their closure.”

Following debate, the motion was put to the vote and was agreed by 38 votes to 16.

RESOLVED: accordingly.

“This Council recognises the invaluable work undertaken by volunteers running village halls and community centres throughout Oxfordshire. The community buildings the volunteers look after provide facilities such as lunch clubs, exercise classes, pre-schools, libraries and other activities to improve health and wellbeing.

Austerity measures and budgets cuts have meant grants towards the costs of improving and maintaining the village halls and community centres are diminishing. The volunteers have to fund raise even more vigorously to maintain and upgrade the buildings they look after. Most building work on village halls and centres is liable for VAT at the standard rate of 20%; so, for instance, a village hall committee raising funds for a £100,000 extension has to find another £20,000 for the VAT bill.  This is a tax on voluntary effort.

This Council agrees to show support for the National Village Halls Forum campaign to reduce the VAT rate for building improvements to charitable organisations by writing to all Oxfordshire MPs to ask them to support the campaign to reduce this tax burden on charitable organisations looking after our village halls and community buildings when considering the next national budget.”

With the consent of Council, Councillor Smith moved and Councillor Johnson seconded her motion as amended by Councillor Bartholomew below in bold italics and strikethrough:

“This Council recognises the invaluable work undertaken by volunteers running village halls and community centres throughout Oxfordshire. The community buildings the volunteers look after provide facilities such as lunch clubs, exercise classes, pre-schools, libraries and other activities to improve health and wellbeing.

Austerity measures and budgets cuts have meant grants towards the costs of improving and maintaining the village halls and community centres are diminishing. The volunteers have to fund raise even more vigorously to maintain and upgrade the buildings they look after. Most building work on village halls and centres is liable for VAT at the standard rate of 20%; but usually parish councils are able to claim this back. However, in some instances charities or community groups not aligned with parish councils could, for example, have to find another £20,000 for the VAT bill on a £100,000 extension. for instance, a village hall committee raising funds for a £100,000 extension has to find another £20,000 for the VAT bill. This is a tax on voluntary effort.

This Council agrees to show support for the National Village Halls, by instructing the Chief Financial Officer to write to parish councils clarifying the VAT position and by writing to all Oxfordshire MPs to ask them to support calls to reduce the VAT burden on charitable organisations looking after our village halls and community buildings when VAT cannot be reclaimed. Forum campaign to reduce the VAT rate for building improvements to charitable organisations by writing to all Oxfordshire MPs to ask them to support the campaign to reduce this tax burden on charitable organisations looking after our village halls and community buildings when considering the next national budget.”

Following debate, the motion, as amended was put to the vote and was carried nem con.

RESOLVED: (nem con)

This Council recognises the invaluable work undertaken by volunteers running village halls and community centres throughout Oxfordshire. The community buildings the volunteers look after provide facilities such as lunch clubs, exercise classes, pre-schools, libraries and other activities to improve health and wellbeing.

Austerity measures and budgets cuts have meant grants towards the costs of improving and maintaining the village halls and community centres are diminishing. The volunteers have to fund raise even more vigorously to maintain and upgrade the buildings they look after. Most building work on village halls and centres is liable for VAT at the standard rate of 20%; but usually parish councils are able to claim this back. However, in some instances charities or community groups not aligned with parish councils could, for example, have to find another £20,000 for the VAT bill on a £100,000 extension. for instance, a village hall committee raising funds for a £100,000 extension has to find another £20,000 for the VAT bill. This is a tax on voluntary effort.

This Council agrees to show support for the National Village  ...  view the full minutes text for item 64/15