To receive any apologies for absence.

Apologies were received from Councillors Pete Stoddart, Graham Biggs, Pauline Crockett and Nick Mason.

To receive declarations of interests in respect of Table A, Table B or any Other Interests from members of the committee in respect of items on the agenda.

None.

To approve and sign the minutes of the meeting held on 23 November 2023.

Minutes are to follow.

Resolved:       That the minutes of the meeting held on 23 November 2023 be approved as a correct record and signed by the Chairperson.

To receive questions from members of the public.

Questions received and responses given are attached as appendix 1 to the minutes.

To receive questions from councillors.

Questions received and responses given are attached as appendix 2 to the minutes.

To receive reports from the Council’s scrutiny committees on any recommendations to the Cabinet arising from recent scrutiny committee meetings.

(a)   Report from Environment and Sustainability Scrutiny Committee:

Implementing the Environment Act 2021

(b)   Report from Children and Young People Scrutiny Committee:

Special Educational Needs and/or Disability (SEND) Action Plan

The chairperson of the Environment and Sustainability Scrutiny Committee (ESSC) confirmed the meeting on 27 November 2023 to consider how the Council is implementing the Environment Act 2021 was positive.  Six recommendations were put forward for consideration by the Cabinet. 

The Leader thanked the committee for their work in forming the recommendations and Councillor Swinglehurst expressed gratitude for their recommendations. 

It was unanimously agreed that the recommendations on implementing the Environment Act made by the Environment and Sustainability Scrutiny Committee at its meeting on 27 November 2023 be noted, and that an Executive Response to the scrutiny recommendations be prepared for consideration by Cabinet in 2 months. 

The chairperson of the Children and Young People Scrutiny Committee (CYPSC) confirmed the meeting took place on 14 November 2023 regarding the Council’s SEND action plan update.  The committee noted the SEN team stated there was a significant strain on the service post COVID and compromises are having to be made.  The aim of the recommendation was to focus on the budget, notably early intervention. 

The Leader thanked the committee for their work in forming the recommendations.  Councillor Powell confirmed that a discussion has taken place with Councillor Fagan and it’s been accepted that further work is to be carried out around the recommendation and Councillor Powell will work with Councillor Fagan and the scrutiny committee. 

It was unanimously agreed that the recommendation with the amendment on the Council’s SEND action plan made by the Children and Young People Scrutiny Committee at its meeting on 14 November 2023 be noted, and that an Executive Response to the scrutiny recommendations be prepared for consideration by Cabinet in 2 months. 

To appoint four members of Cabinet to the Shareholder Committee.

The Cabinet member for Environment introduced the report in Councillor Stoddart’s absence.  It was highlighted that the council exercises control over the local authority trading companies through appointing directors, being a shareholder and as a purchaser of services.   The cabinet member explained that new appointments are now needed due to the change in administration and these are proposed as Councillors Jonathan Lester, Carole Gandy, Graham Biggs and Peter Stoddart.  It was also recommended that future appointments to the committee will be delegated to the Leader to improve the process. 

Cabinet Members did not discuss the report.  

Group leaders gave the views of their groups.  The appointments and process of future appointments were welcomed with the view it would encourage the companies to become more efficient and accountable.  However disappointment was expressed that future appointments will be made by the Leader and preference was expressed that it should remain with the Cabinet.  It was queried what representation there was on the board of the Cyber Centre.  In response to the queries it was noted that the representatives from the Council for the Cyber Centre are Ross Cook and Rachael Hart.  It was confirmed that Cabinet work collegiately together and decisions are fully discussed by Cabinet which will continue.

It was unanimously resolved that:

a)    Four named members of Cabinet are appointed to the Shareholder Committee; and

b)    That the terms of reference of the Shareholder Committee is changed so that future appointments are made by the Leader

To update Cabinet on the content of the most recent progress report of the Children's Commissioner to the Minister of State.

It was noted that Eleanor Brazil, children’s commissioner to the minister of state joined the meeting.  The Cabinet member for Children and Young People introduced the report and explained it presented the progress report from the commissioner.  The cabinet member highlighted that encouraging progress had been acknowledged but there were still challenges and improvements to be made.  The cabinet member acknowledged that the pace of improvement will be their focus in the New Year. 

Cabinet Members discussed the report and it was noted that whilst it was reassuring that the council remains able to provide the service for children and families, Cabinet are focused on ensuring that improvement continues. 

It was noted that whilst the report hadn’t specifically gone to scrutiny, there were elements of the report that will guide scrutiny over the next year. 

Group leaders gave the views of their groups.  The partnership with Leeds was welcomed as it addressed concerns about previous flaws with the programme of support and it was pleasing that the council are retaining the service.  Concern was expressed that progress to a permanent work force was too slow and this will have an effect on the budget.  It was expressed that more needs to be done in the next six months. 

Queries were raised regarding whether a monthly update could be provided to show what action is being taken against the key issues, what the target level was for children to have the same social worker, why didn’t the council respond to offers of support quicker and how the council can learn from the areas which have good practice. 

In response to the queries it was noted that a monthly briefing to provide regular updates for members on the key measures can be arranged.  Confirmed that consistency of the same social worker has increased to 33%, showing that the workforce is becoming more stable and will continue to be prioritised, noted that the ambition is to achieve 80%. In responding to offers of support, it was acknowledged that this was due to capacity within the service at the time.  Lastly it was confirmed that to promote good practice in other areas there are ‘action learning sets’ and performance related workshops to promote that practice. 

Eleanor Brazil confirmed that she has met with the Director and his team to make clear what the areas of focus are over the next 6 months and her expectation on progress at that point, in June 2024.

It was unanimously resolved that:

            a) Cabinet receive this report and note the feedback from the Commissioner.

To note and review the earmarked reserves held by the council.

The Cabinet member for Environment introduced the report in Councillor Stoddart’s absence.  The cabinet member highlighted the need to ensure prudent level of reserves, with earmarked reserves at £81.8m and a general fund balance of £9.6m, totalling £91.4m.  The council has a reserve balance of 52% of its net revenue budget.  Noted that the earmarked reserves balance has decreased since 31 March 2022 due to additional funding for Children and Young People’s services. 

No comments from Cabinet Members. 

Group leaders gave the views of their groups.  Concerned the report does not actually review the reserves and it is not clear if the reserves are adequate and prudent.  Noted consistency in titles of reserves would assist when comparing previous year’s reports, 

Queries were raised as to whether funding received back from ‘Fastershire’ will be used for the rural communities with poor internet access, what the length of contract is for the Whitecross PFI, whether the provision against the Whitecross PFI and adult social care discharge to assess are sufficient to meet need in these areas and what is the plan to replenish the financial resilience reserve.  Also, queried discrepancies in the figures reported for 31 March 2022 and 1 April 2022 and clarification was sought about whether the reserves are all needed, in particularly business rates risk reserve.

In response to the queries it was noted that the Scrutiny Management Board is reviewing the earmarked reserves report on 16 January 2024 and questions will be put to that committee regarding the resilience reserve, allocations of reserve and review of the reserves. Confirmed there wasn’t a discrepancy in the figures, it’s about where the amounts are allocated in the different areas. A written report will be provided that links the previous allocations of earmarked reserves to the one in the current report.  Confirmed that clarification regarding the length of contract for Whitecross PFI will be provided outside of the meeting.

It was unanimously resolved that;

(a)       The earmarked reserves and balances held by the council at 31 March 2023 are reviewed and confirmed as prudent to meet future financial commitments and risks

To review the performance for Quarter 2 2023/24 and to report the performance position across all Directorates for this period.

The Cabinet member for Environment introduced the report and highlighted achievements notably within waste the new procurement process is going ahead and the new provider will be selected.  Also, the home upgrade grant is making good progress, beryl and cargo bikes are going well, the wetlands are producing credits and the council were able to release planning permission for 185 homes from this with confirmation of funding received to create a second wetland.  It was noted that planning enforcement notices doubled and building control won a local authority building control regional award

Cabinet Members discussed the report and it was noted that all performance measures in community wellbeing are on target for this quarter.  In respect of roads and regulatory services the cabinet member highlighted that the briefing for the future operating model for the public realm contract was received positively by Balfour Beatty, the repair of dangerous pot holes was ongoing, the road improvement work will be completed by Christmas and the KPI’s for this area are above national average. 

Group leaders gave the views of their groups. The green measures were welcomed and noted it would be helpful to have measures that are reported to the government annually, to be reported quarterly to provide in year progress as well as clarification about what the targets are for the performance measures.  Concerns were raised regarding absence of information as to what progress has been made and what evidence there was in support.  Also, concerns were noted about insufficient and inconsistent information in the report, notably whether the digital household grant scheme was ending, why the decarbonisation of schools is marked as green without the necessary evidence, why there is no information about ending the school travel and taxi decarbonisation projects, there is conflicting information regarding the wetlands projects from what was said today and inconsistent information regarding the Keep Herefordshire Warm measure and how its performed. A further concern was raised regarding risk assessments, what will be done to address those risks and why there were no risks recorded in the corporate section of the report. 

Queries were raised regarding why the quarterly budget and performance reports were separated, and who is the purchaser in respect of the sale of Council owned land. 

In response to the queries it was noted that the next budget and performance quarterly reports will be on the same agenda but still shown as separate reports.  Confirmed that how the quality of the performance data is captured will be reviewed. Clarification in writing will be provided to Councillor Chowns regarding the concerns raised. Lastly, regarding the sales of land, no information can be provided until the sale is concluded. 

It was unanimously resolved that;

a)    To review the performance for Quarter 2 year 2023/24, and identify any additional actions to achieve future performance measures.