To receive any apologies for absence.

Apologies were received from Councillor H Bramer, Cabinet Member Resources and Councillor JG Jarvis Cabinet Member Environment and Strategic Housing

Apologies were also received from Councillor ACR Chappell Labour Group Leader and Councillor GFM Dawe, Alliance Group Leader.

To receive any declarations of interest by Members in respect of items on the Agenda.

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room.

There were no declarations of interest made.

To approve and sign the minutes of the meetings held on 20 November and 18 December 2008.

RESOLVED:   That the Minutes of the meetings held on 20 November and 18 December 2008 be approved as a correct record and signed by the Chairman subject to deletion of the following typographical error on page 7 (20 November 2008 minutes) ‘delete - Cabinet Member for Corporate Strategy and Finance’.

To consider the response to the recommendations arising from the scrutiny review of day services for older people.

Prior to the formal consideration of the report, the Leader advised Cabinet that the Interim Director Adult Social Care, Eleanor Brazil was attending her last Cabinet prior to her departure from the authority on 27 January 2009.  He placed on record his thanks for the considerable work which had been undertaken during her time with Herefordshire Council.  The Cabinet Member Social Care and Adults echoed these sentiments.

The report was introduced by the Cabinet Member Social Care and Adults who commended the work undertaken by a Scrutiny Review Group, under the chairmanship of Councillor Bowen.  The Cabinet Member stated that the review group had done a thorough job and had outlined clear recommendations for action.  In acknowledging that the formal process of the Cabinet receiving the report’s recommendations had not been fully adhered to, the Cabinet Member stated that work had progressed in line with the action plan in order that better quality day services were being delivered. 

The Interim Director Adult Social Care, in response to a question regarding the level of predicted rise in the number of older people, stated that the figures were based on information gained through the census and a comprehensive Needs Analysis undertaken during 2007 which informed the prediction of service needs for the next 20 years.  These services would need to address a predicted marked rise in the 85+ year olds group and in dementia suffers.  The Leader stated the predicted rise would equate to an additional 20% with more intensive and costly care required to support the needs of the older community.

Following comments from the Chairman of Strategic Monitoring Committee it was confirmed that it was deemed best practice for the Executive to receive scrutiny reports within two months of the report’s receipt by the Cabinet Member. 

The Cabinet Member Social Care and Adults and supporting officers were complimented for taking on board the recommendations of the scrutiny review and for implementing changes in a timely manner, however Members requested clarity on the recommendations and accompanying action plan for consideration at a future Cabinet meeting.

The Chairman of the Review Group commended the report for approbation and thanked officers and service users for their input into what was a complex and difficult area; he was further complemented on the production of a well researched report.

The Cabinet Member Economic Development and Community Services stated that service configuration of specific day care centres would be the subject of a report to a future meeting of Cabinet, following consultation with staff and service users, this was welcomed by Members in attendance as an opportunity to consider the benefits of the cost effectiveness of localised facilities.  A report on day care contracts was proposed for consideration by Cabinet during May 2009.

The Leader thanked the Members of the Scrutiny Review Group and stated that whilst consideration of the modernisation agenda of any service provision was difficult, current care provision could not be sustained to support the predicted increase in the levels of need.

RESOLVED  ...  view the full minutes text for item 78.

To seek agreement to conclude the service delivery review.

The Chairman reminded Members that Cabinet had authorised the commencement of negotiations with Amey at its meeting in September 2008.  The report for consideration sought agreement to conclude the service delivery review, which, following negotiations had secured commitment from Amey to key principles which would achieve the objectives of a minimum of £1million savings per annum and improved service delivery. 

The Director for Environment and Culture outlined the key principles which defined the future basis on which service delivery would be carried out and the means by which performance and value for money of those services would be assessed and managed.  The Director emphasised the focus on outcomes, as opposed to outputs, and stated that there would be an important shift from an operational focus of service delivery to supporting the wider community and the broader Community Strategy.  The high degree of uncertainty suffered by current staff affected by the review was acknowledged and it was stated that subject to the Cabinet’s agreement of the report’s recommendations, the staff in the scope of the review would be given formal notification of a potential TUPE transfer.

The inclusion of the reference of ‘Improved direct local engagement with ward members and parish councils by Amey staff to ensure clear, direct points of contact’ was welcomed by the Chairman of SMC and it was further hoped that this principle would reduce the level of double working which currently occurred.  The Director assured Members that there was a clear role for Amey in contributing to key performance indicators including those relating to sustainability and social factors.  It was acknowledged that it was necessary to ensure that value was added in the delivery of services and that importance was placed on working closely with voluntary groups, parish councils, and other organisations for the benefit of the people of Herefordshire.

In response to a question relating to the Council’s representative on the Strategic Partnership Board (as outlined in section 4.4, page 17), the Leader advised Members that the representative would be determined by the Leader.

The Acting Director of Resources, responding to a question seeking clarification on the methodology used to demonstrate savings, advised Members that he had recently met with the relevant Directors from Amey to ensure and verify the methodology used to define savings in the contract negotiations and that such savings were being tracked and demonstrated.  Members were advised that a methodology to capture and track non-cashable savings would also be established.

Responding to a question on the share value of Amey Wye Valley, the Director of Environment and Culture stated that, in order to demonstrate due diligence, independent advice was being sought as to the current share price valuation, although it was expected that the sum would not be significant.

The Cabinet Member Highways and Transportation stated that whilst the service delivery review was a good move in the right direction it was important to ensure that appropriate challenge was made, and assurance sought, on securing the principles outlined in the  ...  view the full minutes text for item 79.

For Cabinet to note the outcome of the Herefordshire Partnership Governance Review and the impact this new structure will have on performance management and achievement of outcomes for the local community.

Following the introduction of the report by the Leader, the Acting Partnership Manager presented the outcomes of the Herefordshire Partnership Governance Review and outlined the impact of the new structure on performance management and achievement of outcomes for the local community.

Whilst acknowledging the new structures proposed, Members requested that a review of the effectiveness of the governance structure be carried out within two years to ensure that the objectives were being achieved.

Responding to a question from a Member in Attendance, which sought assurance that existing budgetary commitments (eg rural bus subsidy) would be honoured by Herefordshire Partnership in overseeing the delivery of the ‘central pot’ of Area Based Gant (ABG), the Leader stated that the establishment of an ABG ha raised the expectations of many people, however it was stated that Partners needed to recognise that much of the ‘central pot’ did not consist of new monies.  An acknowledgement was required by all Partners of the consequences of diverting current ‘specific budgets’ to other areas of activity.

The Acting Director of Resources stated that the ABG would contain a significant amount of money, however the Council could not ignore known committed expenditure.  The allocation of the ABG would need to align with the authority’s strategic direction and must be realistic.

The Chairman of SMC commented that the Herefordshire Partnership was widely applauded and would be at the forefront of aligning monies, however he expressed concern regarding, the limited involvement of elected Members, the apparent lack of checks and balances regarding the Partnership, and highlighted that the sole reference to scrutiny within the report was that of self scrutiny.  He also expressed the view that a statement on the development of a Member Reference Group (page 32) should be highlighted earlier in the report.  The question was posed as to how elected members would input into the future of the Herefordshire Partnership Board?

In response, the Leader informed Members that a review of the governance structures of Herefordshire Partnership was required to better reflect the current Local Strategic Partnership (LSP) arrangements.  It was recognised that the responsibility for commissioning and delivering activities through the ABG and the overall control of monies could be seen as a political issue, as could the budget held by the NHS which had little democratic accountability to the people of Herefordshire.  However, the Leader stated that elected members should be seen as accountable in ensuring that the ABG was being delivered appropriately to their communities.  Responding to the issue of scrutiny, the Leader reminded Members that the LSP and other partners were open to scrutiny as guardians of the public spend and that the scrutiny process was an avenue open to ensure that such bodies were open to constructive challenge.

The Chief Executive commented that; the Policy and Development Delivery Groups would be established from existing groups, most of which currently had Member involvement; the Partnership arrangements were open to scrutiny from the Council’s scrutiny process; the local authority  ...  view the full minutes text for item 80.

To update the Cabinet and formally report the outcome of the recent 2008 Annual Performance Assessment (APA) inspection of Children’s Services.

The Cabinet Member Children’s Service introduced the report on the outcomes of the recent 2008 Annual Performance Assessment (APA) inspection of Children’s Services and informed Cabinet that good progress had been made since the last APA.  The Cabinet Member stated that it was encouraging to note that it had been assessed that the Council’s capacity to improve its services for Children and Young People was good.

In presenting the report to Cabinet, the Director for Children’s Services informed Members that the APA results demonstrated that the authority had built on its past experiences which included progressing out of Government Office intervention in the Autumn 2007.  The Director echoed the Cabinet Member’s sentiments that it was pleasing to note that the service had capacity to improve and that it had been acknowledged that the Directorate was making stepped progress.

Members’ attention was drawn to the five outcomes in the report which also reflected the work of other partner organisations.  It was recognised that whilst progress had been achieved, it was important not to be complacent and that continued improvement would be sought in working with partners across all outcomes, with a particular focus around safeguarding. The Director advised Members of the introduction of new systems that had been put in place following a miscalculation (relating to a family of three children) which resulted in a substantial negative impact on the authority’s performance in relation to the Child Protection Register.  It was recognised that safeguarding currently had a national profile, however the Director sought to assure Members that regardless of the national profile, safeguarding was of high importance to the authority and that working practices and systems were being assessed to ensure their robustness; safeguarding was everyone’s responsibility.  The investment and introduction of the Frameworki IT system which monitored and supported the process of casework had provided the added benefit of maintaining and motivating social workers, however it was acknowledged that whilst the authority was actively working towards meeting the target for the recruitment of social workers this was a known area of national shortage.

The Chief Executive, in responding to a question posed by a Member in attendance, stated that no authority could give categorical assurance that a tragedy such as had been recently related in the national press would not occur in their area, however it was incumbent on the authority to ensure that systems and processes worked together with good staff to support all children who have Child Protection Plans and to ensure that they had access to a range of services. 

Responding to a comment relating to the recruitment of social workers the Leader reminded Members that the authority had been innovative in their method of recruitment, however, he stated that the adverse publicity relating to the role of social workers may have an impact on what was an already acknowledged shortage.  It was emphasised that whilst it was important to retain a sense of balance on such issues, it was essential that vigilance be  ...  view the full minutes text for item 81.

To note the contents of the attached report as presented to Joint Management Team on 1 December, 2008 and also note that the corporate action plan will be published at the end of January 2009.

The Cabinet Member Corporate, Customer Services and Human Resources presented the report on the results of the Council’s eighth Employee Opinion Survey 2008 and highlighted that 50% of employees had submitted a response to the survey.  Whilst this response was higher than the average response rate for local government, the Cabinet Member stated that an increase in the percentage of employees responding to future surveys would be welcomed.  In drawing Members attention to paragraph 5 of the report which highlighted a 6% rise in the level of disagreement that action would be taken in light of the survey feedback, the Cabinet Member stated that assurance would be required that action would be taken in light of survey results.  The work undertaken by the Resources Directorate and West Mercia Supplies were highlighted as good practice.  The Cabinet Member emphasised the need for the Staff Review and Development (SRD) process to be a positive one which produced targeted outcomes and expressed disappointment by the deterioration in the statement that ‘the SRD was a worthwhile discussion’ (page 57). 

The Assistant Chief Executive Human Resources and Organisational Development (HR & OD) stated that there were a number of very positive results in the survey but that it was necessary for demonstrable action to be taken to address concerns raised in the survey and that corporate, directorate and service action plans would be developed to tackle concerns.  These action plans would be communicated widely to staff.  In relation to the SRD documentation, it was reported that this would be redrafted to make it easier for all to use.  Directorates were accountable for the completion rates of SRDs within each of their service areas.

Responding to a question raised by a Member in Attendance about whether the deterioration in some statements indicated a level of dissatisfaction within the authority, the Assistant Chief Executive HR & OD stated that with the amount of organisational change experienced by staff it was inevitable for fluctuation to exist in results from year to year, however an Action Learning Group would be looking to identify any lessons that can be learnt from handling organisational change so that the organisation can continue to improve. In highlighting areas of strength, the Assistant Chief Executive HR & OD stated that the Council compared well in statements relating to, communications and organisation; equality and treatment; bullying and harassment; health and safety.

A Member in attendance observed the low survey responses from the Children’s Services and Adult Social Care Directorates and asked whether there was a particular reason for the low rate from staff in these two front line services.  In response the Assistant Chief Executive HR & OD advised Members that she was not aware of specific issues but would seek feedback from the relevant Directorates.

RESOLVED that:

The decisions of the Joint Management Team of 1 December 2008 regarding the Council Employee Opinion Survey be noted and that a report be provided to Cabinet in April 2009.

It was noted that the Joint Management Team (JMT)  ...  view the full minutes text for item 82.

To seek approval of the revised Local Development Scheme.

Cabinet considered a report which sought their approval for the revised Local Development Scheme (LDS).

The Planning Policy Manager (PPM) advised Members that the report outlined the need for the Council’s LDS, a statutory requirement of the Planning and Compulsory Act 2004, to be up to date and stated that it was a requirement placed on local planning authorities to publish a statement of how their forward planning work would be organised over a three year period.  Members were referred to a diagram on page 93 of the report which illustrated (in the form of shaded boxes) those development plan documents for which approval was sought and their relationship with the wider Local Development Framework and associated publications.  In referring to the diagram, the Planning Policy Manager advised Members that the Community Infrastructure Levy was awaiting secondary legislation and once this had been determined, the issue would be the subject of a report to Cabinet at a later date.

Responding to a question raised by a Member in Attendance regarding parish councils being consulted at an early stage in the process, the Planning Policy Manager stated that a consultation document had been widely circulated and commented upon.

Members were advised that the Community Plan would be informed by the LDS process and that the evidence base used reflected information contained within existing resources and technical studies.

In response to a Member in attendance, the PPM stated that it was acknowledged that the economic climate was challenging, however it was necessary to have a robust strategy in place to ensure that planning remained proactive in enabling the required infrastructure and housing.

The Leader reminded Members that Herefordshire was a priority area for funding to be allocated to the county from the Homes and Communities Agency.  The report being considered sought to confirm a body of work which had been progressed for some time, reflecting the extension of the UDP.  The Leader stated it was important to get the vision right for Hereford City as this area had a significant impact on the economic, health and educational hinterland.

The PPM, responding to a question regarding housing standards stated that one of the supplementary planning documents would specify design standards, however this was not before Cabinet for decision at this meeting.

RESOLVED that:

The revised Local Development Scheme be approved and have effect from 28 February 2009. 

To approve proposals brought forward by Herefordshire Council’s and Worcestershire County Council’s Waste Disposal Contractors to provide a means of diverting waste from landfill.  In addition, Herefordshire Council will need to endorse decisions made by Worcestershire County Council in relation to this matter.  (Report to follow).

Not for publication, this item contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

Cabinet discussed the Herefordshire and Worcestershire Waste Arrangements report and agreed the recommendations.