Agenda and minutes

An apology for absence was received from Councillor David Brake (Adult Services). 

The record of the meeting held on 14 January 2014 was agreed and signed by the Leader as correct.

Disclosable pecuniary interests

There were none.

Other interests

Councillor Filmer declared an interest in agenda item 19 (Special Edcuational Needs Homes to School Transport – Transfer to Medway Norse) because he was a Director of Medway Norse. He chose to leave the room during consideration and determination of this item.

Councillor O’Brien declared an interest in agenda 19 (Special Edcuational Needs Homes to School Transport – Transfer to Medway Norse) because members of his extended family worked in Special Edcuational Needs.

Background:

This report summarised the performance of the Council’s key measures of success for 2013/2014 as set out in the Council Plan 2013/2015.

The report provided a summary of performance against the Council’s four priorities and two values together with examples of success, customer perception and, where available, benchmarking information.

The report noted that over half of the Council’s key measures of success (60%), where targets had been set and reported on a quarterly basis, were achieving target. This was slightly lower than last quarter (62%) but higher than quarter one (48%). 45% of key measures had improved since the previous quarter, which was lower than the 53% recorded in quarter two but compared favorably with the 38% recorded in quarter one. 53% of our key measures have improved over the long term (previous 4 quarters).

The report also noted that 29% of the key measures were significantly under performing compared with 25% in quarter two and 40% in quarter one.

The Cabinet accepted this report, as set out within Supplementary Agenda No. 2, as urgent to enable Members to receive and consider the latest performance monitoring information at the earliest opportunity.

Reasons:

Regular monitoring of performance by management and Members is best practice and ensures achievement of corporate objectives.

Background:

This report gave details of the forecast outturn for the 2013/2014 financial year based on actual income and expenditure to December.

It was noted that on 21 February 2013 the Council had set a budget requirement of £348.511 million for 2013/2014, with Council Tax increased by 1.99%. Subsequent increases to the Dedicated Schools Grant (DSG) had increased the budget requirement to £352.029 million.

This was the third quarterly report and it indicated that, after management action, the outturn forecast for 2013/2014 stood at a potential overspend of  £3.3 million for non-DSG services, which compared favorably to a forecast overspend of £4.4 million at quarter two. The report provided explanatory information as to the revenue budget position.

Reasons:

Cabinet has the responsibility to ensure effective budgetary control to contain expenditure within the approved limits set by Council. Where a budget overspend is forecast, Cabinet supported by the corporate management team must identify measures to remove any excess expenditure.

Background:

This report and accompanying appendices gave details of the capital monitoring position for the period to December 2013 (the end of the third quarter), with a forecast outturn for 2013/2014.

The approved capital programme for 2013/2014 and future years was £98.5 million, consisting of £41.6 million in respect of brought forward schemes and £56.8 million of new approvals.

The report commented on the delivery of the capital programme and updated Members on a number of issues. The current forecast showed that £51.033 million of the programme was forecast for spend during 2013/2014.

The Cabinet accepted this report, as set out within Supplementary Agenda No. 2, as urgent to enable Members to receive and consider the latest budget information at the earliest opportunity.

Reasons:

Cabinet has the responsibility to ensure effective budgetary control to contain expenditure within the approved limits set by Council. 

Background:

This report provided details of the Housing Revenue Account (HRA) revenue and capital budgets for 2014/2015. It also set out details of the proposed rent and service charges levels for 2014/2015.

It was noted that the new ‘self-financing’ regime for the HRA had come into force on 1 April 2012 and the report summarised the proposals for 2014/2015 as they related to: rent, service charges, performance management, expenditure assumptions, housing repairs, borrowing and headroom and new house building.

The Business Support Overview and Scrutiny Committee had considered this report on 4 February 2014. The Committee had supported the recommendations set out in the report and details of the discussion were set out in an addendum report (Supplementary Agenda No. 3). The addendum report also provided details of a budget consultation meeting that had taken place with tenants on 31 January 2014.

Reasons:

The Council is required to carry out an annual review of rents and notify tenants not less than 28 days prior to the proposed date of change. The Council is required under the Local Government and Housing Act 1989 to ensure that the Housing Revenue Account does not fall into a deficit position.

Background:

This report set out details of the review undertaken and adjustments proposed to the current set of indicators used to assess the delivery of the Council Plan 2013-2015.

It was noted that that the Council Plan was the organisation’s overarching business plan, setting out the Council’s commitments to achieving certain outcomes during the life of the Plan. The purpose of this review had been to ensure that the delivery of the Council Plan during 2014-2015 was assessed using a focused, informative and streamlined set of indicators that took account of recent financial and service developments.

Appendix 1 to the report contained a list of refreshed Key Projects to demonstrate the programme of work the Council aimed to undertake in order to continue to deliver against the Council Plan Strategic Priorities. Appendix 1 also outlined the proposed revised suite of measures, which were set out under each commitment. It was noted that the number of indicators currently proposed had been reduced from 102 to 62.

Appendix 2 to the report set out the proposed targets for each of the indicators contained within the plan. It was noted that where it had not been possible to set a target at this stage, the reasons for this gap and the estimated timescale to develop an appropriate target had been included in the notes section.

Appendix 3 to the report gave details of those original indicators and Key Projects that had been identified for removal.

A Diversity Impact Assessment of the refreshed Council Plan indicators had been prepared with the report, in line with the Council’s established procedure for new strategic documents. The screening form was attached as Appendix 4 to the report and it was noted that this had not identified any adverse impact on residents with protected characteristics based on the proposed changes to Council Plans key projects and indicator suite.

An addendum report (included within Supplementary Agenda No. 3) set out details of the discussion on the refresh of the Council Plan indicators and Key Projects at the Business Support Overview and Scrutiny Committee on 4 February 2014.The Cabinet noted the comments of the Business Support Overview and Scrutiny Committee, as set out within the addendum report, and that the Committee had welcomed the reduction in the number of indicators from 102 to 62. During the discussion on these comments the Cabinet noted but did not pursue the recommendation to include an additional measure on the percentage of the electorate who are registered to vote.  

Background:

This report set out details of the final Funding Formula for Mainstream Schools and Academies.

It was noted that Cabinet in October 2013 had considered details of the proposed funding arrangements for Medway’s Schools and Academies through the Dedicated Schools Grant. This followed consultation and initial consideration by the Schools Forum. Since then however, the Education Funding Agency had notified all local authorities of a late change to the funding formula data for 2014/2015. This change related to the funding of the Prior Attainment Factor for the primary phase and the report set out details of the implications of this.

It was noted that the Schools Forum had considered the issues relating to the funding formula changes and the options provided by the Education Funding Agency, as set out in the report. The Forum had recommended that a weighting be placed on the Year 1 results so that the ‘qualifying’ pupils were matched to the Year 2 – 5 results (Option B in the report).

Reasons:

The local authority is required to implement the funding formula changes from 2014-15 in accordance with the School and Early Years Finance (England) Regulations 2013. This is a Cabinet function.

Background:

This report and supporting addendum reports presented proposals for the capital and revenue budgets for 2014/2015.

It was noted that the Cabinet had considered initial budget proposals on 26 November 2013, which had been developed in accordance with the principles set out in the Medium Term Financial Plan 2014/2017. It was noted that considerable effort had been made to achieve a balanced budget without seriously impacting on direct services to the public and that the proposed revenue budget of £331.418 million was based on a Council Tax increase of 1.995%.

It was noted following the publication of the Cabinet agenda that the Final Local Government Finance Settlement had been announced on 5 February 2014 and details of this was set out in the addendum report (included within Supplementary Agenda No.3). It was reported that the settlement presented a marginally favourable position for the Council to that set out in the main report, with a £12,577 increase in the Revenue Support Grant (RSG) to be received in 2014/2015. RSG for 2015/2016 was unchanged from the Provisional Settlement. The Baseline Funding for business rates for both 2014/2015 and 2015/2016 was as announced in the Provisional Settlement and again consistent with the figures quoted in the main report.

Members were advised that the revised budget gap to be closed before Council on 20 February 2014 was now £81,000.

The Cabinet report noted that the budget build assumed a nil increase in pay for staff and a continued freeze on increments. Proposals to amend the present pay structure, in tandem with a review of grades and assimilation to the new structure, had been reported to the Employment Matters Committee on 6 February 2014, together with the results of negotiations with Trade Unions. The addendum report set out details of the discussion at the Committee, as well as the Committee’s recommendations to Council.

The proposed capital programme for 2014/2015, incorporating existing schemes and anticipated grant allocations, was £53.977 million. An overall summary and a summary by directorate of the proposed capital programme were attached at Appendix 2 to the report.

It was noted that budget proposals had been referred to all the Overview and Scrutiny Committees for consideration. The Overview and Scrutiny Committees’ views were detailed in the report, with the recommendations of the Business Support Overview and Scrutiny Committee set out for Cabinet consideration within an addendum report.

The summarised Housing Revenue Account was set out in Appendix 4 to the report with the capital component in Appendix 2 to the report. A report setting out details of proposed rents for 2014/2015 was considered as a separate item on the agenda. Details of a budget consultation meeting with tenants on 31 January 2014 were included within the addendum report.

The schedule of fees and charges (Appendix 5 to the report) had been circulated within Supplementary Agenda No. 1 and revised pages, which included an additional charge relating to Dog Control Orders and replacement fees for the Children and Adults Directorate, were tabled  ...  view the full minutes text for item 10.

Background:

This report presented the Council’s Treasury Management Strategy for 2014/2015. The strategy incorporated the Treasury Management Policy Statement, Annual Investment Strategy and Minimum Revenue Provision Policy.

The appendices that accompanied this report were set out within Supplementary Agenda No. 1 and a revised copy of the Treasury Management Practices (Appendix 10 to the report) had been circulated within Supplementary Agenda No. 3.

It was noted that the annual presentation of a Treasury Management Strategy was a requirement under the CIPFA Code of Practice on Treasury Management. It covered the various aspects of the treasury management function and was based on the treasury officers’ views on interest rates, supplemented with leading market forecasts provided by the Council’s treasury adviser, Capita Asset Services.

The report included proposals to amend the treasury management practices, which included changes to Approved Countries, Treasury and Prudential Indicators and the Authorized Limit and Operational Boundary for 2014/2015. The report also set out details of a proposed transfer of the scrutiny of treasury management from the Business Support Overview and Scrutiny Committee to the Audit Committee.

It was noted that the Business Support Overview and Scrutiny Committee had considered this report on 4 February 2014and details of the discussion was set out within the addendum report (included within Supplementary Agenda No. 3).

A Diversity Impact Assessment screening had been undertaken and was set out in Appendix 9 to the report. It was not necessary to proceed to a full impact assessment. It was noted that the Treasury Management Strategy did not directly impact on members of the public as it deals with the management of the local authority’s investments and cash flows, its banking, money market and capital market transactions; the effective control of the risks associated with those activities; and the pursuit of optimum performance consistent with those risks.

Reasons:

Cabinet has the responsibility to make recommendations to Full Council on the approval of the Council’s Treasury Management, Investment Strategy and Minimum Revenue Provision Policy Statement along with scrutinising the Treasury Management Practices and associated schedules.

Background:

This report provided details of the draft South Thames Gateway Building Control Partnership Business Plan for 2012/2017, which outlined how the building control function for Medway, Gravesham and Swale Councils would be delivered until 2017 and indicated what the reduced contributions would be.

A copy of the Business Plan was set out within Supplementary Agenda No. 1.

The Business Plan was presented in two parts, with the first including 5 strategic objectives for 2012/2017 and the second setting out the action plans and targets to achieve the objectives.

It was noted that the South Thames Gateway Building Control Joint Committee had agreed on 12 December 2013 the draft South Thames Gateway Building Control Partnership’s Business Plan for 2012/2017 for submission to the partner authorities.

A Diversity Impact Assessment screening form had been undertaken in respect of the Business Plan and was attached to the report. It was noted that this had found that it was not necessary to carry out a full impact assessment.

Reasons

The constitution of the Joint Committee requires approval of the Business Plan for the following year by the Cabinet of each Partner Authority. 

Background:

This report updated Cabinet on the development of the “A Better Start” Big Lottery Bid.

It was reported that Medway had been successful in reaching the final stage of the “A Better Start” Big Lottery bid, which aimed to improve outcomes for children. This would bring circa £40m over 10 years to enable a systematic change to services to provide a preventative approach in pregnancy and early years and reduce the incidence of health and social problems later in life.

Details were given of the work undertaken through the Area Partnership Board to develop the bid and the outcome of the Strategy Days facilitated by the Social research Unit at Dartington in January. 

It was noted that the bid was currently being drafted based on the information presented in this report. The closing date for the bid was 28 February 2014 and Cabinet was asked to delegate authority to approve the bid for submission.

Reasons:

The bid provides a significant opportunity to improve health and wellbeing outcomes for children in Medway. The timeline between the strategy days and the submission date had not offered an opportunity to bring the final bid to Cabinet for approval.

Background:

This report presented the draft Homelessness Prevention Strategy 2014 – 2016, which was attached at Appendix 1 to the report.

It was noted that the strategy responded to the requirements of the Homelessness Act 2002. It had been developed in a challenging climate and recognised that homelessness was a complex problem with multiple causes requiring flexible solutions and the delivery of innovative services in order to reach the increasing number of people affected.

The strategy therefore set out how Medway Council, in partnership with stakeholders, would tackle and prevent homelessness. It was noted that it would influence services that contributed to preventing homelessness, such as education and health, and that it would be regularly reviewed to ensure it remains relevant.

The report gave details of the consultation that had contributed to the development of the strategy and it was noted that a Diversity Impact Assessment had been undertaken, which was attached at Appendix 2 to the report. This had indicated that a full Diversity Impact Assessment was not necessary.

It was noted that the Business Support Overview and Scrutiny Committee had considered this report on 4 February 2014and details of the discussion and proposed revisions to the strategy were set out within the addendum report (included in Supplementary Agenda No. 3).

Reasons:

To comply with the requirement that the Council have a Homelessness Prevention Strategy, as set out within Section 1 of the Homelessness Act 2002.

The strategy and action plan have been developed in consultation with key stakeholders and priority actions have been identified to support the strategy.

Background:

This report presented an Early Help Strategy for Medway, which was required under the new framework for the inspection of services for children in need of help and protection, children looked after and care leavers (Ofsted December 2013).

The strategy, which was attached at Appendix 1 to the report, highlighted the need for greater coordination, information sharing and coherence in Medway’s approach to early help.  It was noted that the Early Help Strategy articulated what Medway wanted to achieve through early help and what it needed to do to make that a reality. The strategy acknowledged that current practice required some improvement and proposed actions to ensure that access to early help and monitoring of outcomes improved immediately.

In addition, the strategy proposed a single point of access for all early help services to ensure a more effectively managed and collaborative approach in the future. It was reported that the successful implementation of the strategy would depend on support from senior leaders across all partner organisations.

The report gave details of the consultation that had contributed to the development of the strategy and it was noted that a Diversity Impact Assessment had been undertaken, which was attached at Appendix 2 to the report. This had indicated that a full Diversity Impact Assessment was not necessary.

It was noted that the Children and Young People Overview and Scrutiny Committee had considered the Early Help Strategy on 14 February 2014 and details of the discussion were set out in the report.

Reasons:

The new framework for the inspection of services for children in need of help and protection, children looked after and care leavers (Ofsted December 2013) required the Council to submit an Early Help Strategy as part of its evidence.

Background:

This report presented information on vacancies that officers had requested approval to commence recruitment for, following the process agreed by Cabinet on 7 January 2003 (decision number 9/2003). Appendix 1 to the report provided details of the posts.

Reasons:

The posts presented to Cabinet will support the efficient running of the Council.

Background:

This report provided details of the outcome of the consultation on the co-ordinated admission schemes and arrangements for primary and secondary schools.

The schemes, attached at Appendix 1 to the report, set out how the Local Authority would co-ordinate the processing of applications to schools and set out the relevant entry arrangements (oversubscription criteria) for Community and Voluntary Controlled schools.

It was noted Academies, Voluntary Aided and Foundation schools undertook their own consultation on entry arrangements (oversubscription criteria), but had to co-ordinate with the Local Authority schemes.

The Children and Young People Overview and Scrutiny Committee had considered the report on 14 January 2014 and its comments were set out in paragraph 7 of the report.

Reasons

The Council is required to undertake a detailed consultation exercise prior to the determination of its school admission arrangements and schemes. The decisions take into account the responses from consultation. 

Background:

This report provided details of a proposal to seek authority to take a lease or leases of premises and ancillary parking to relocate the Children’s Social Care Services’ Teams.

The report set out a further proposal thatthe three existing Children’s Social Care Services Teams’ premises at Woodlands Place Gillingham, The Redvers Centre Chatham and The Elaine Centre Strood be declared surplus. This would enable them to be disposed of or let on the best terms reasonably obtainable and that Full Council make an addition to the capital programme to fund the moves.

The premises were outlined within Appendix 1 to the report and it was noted that a Diversity Impact Assessment had been undertaken, which was attached at Appendix 2 to the report. This assessment had indicated that a fuller Diversity Impact Assessment was not necessary.

Reasons:

In order to reduce revenue costs, improve service delivery, realise capital receipts, reduce the council’s maintenance requirement and gain investment in the Medway area.

Background:

This report provided details of the proposed transfer of management of all existing Special Educational Needs (SEN) transport contracts from Medway Council’s Transport Procurement Unit (TPU) to Medway Norse, including TUPE transfer of appropriate TPU staff.

It was noted that the transfer would include set objectives for Medway Norse to extend the savings achieved on the three school sites they will commence in April 2014 across additional school sites (Warren Wood, Brompton Academy, and Rivermead).

An addendum report (included within Supplementary Agenda No. 3) provided further details on discussions between the Council and Medway Norse regarding the proposed transfer of staff following the publication of the Cabinet agenda.

An exempt appendix contained key information in respect of TUPE information for TPU staff transferring to Medway Norse and those remaining with Medway Council, an analysis of route contracts transferring to Medway Norse for management and possible future consolidation to one operator per school site approach and financial analysis information.

Reasons:

Transferring the management of all SEN route contracts to Medway Norse will ensure that the SEN transport service remains with one organisation. It will also allow Medway Norse to effectively mobilise the extension of the one operator per school approach and any additional savings this may achieve. Retendering the Write Trak, Respite and spot purchased transport requirements will ensure that the most cost effective operators is secured for the service.

Background:

This report provided details of the procurement related to expansion works needed to allow for an additional key stage 2 classroom from September 2015 at Napier School. It was reported that the proposed location of the key stage 2 class would meet the school’s needs whilst the extension would continue to provide integration for nursery and reception classes.

It was noted that the Procurement Board had considered this report on 22 January 2014 and supported the recommendation set out in the report.

An exempt appendix set details of the finance and whole-life costings, together with tender evaluation information.

Reasons:

This is on the basis of granting permission to commence the procurement of the permanent expansion of Napier School Expansion Works to accommodate the children’s school intake for September 2015.

Background:

This report provided details of the procurement for the related works for the expansion of Brompton Westbrook Primary School to provide the additional accommodation required to increase the planned admission number to 60.

The report provided details of the specific works to be carried out including a school/community hall with changing facilities, a new main entrance, two new classrooms and additional dining space.

It was noted that the Procurement Board had considered this report on 22 January 2014 and supported the recommendation set out in the report.

An exempt appendix set details of the finance and whole-life costings, together with tender evaluation information.

Reasons:

The Council has a statutory duty to ensure there are sufficient school places as set out in the Education & Inspections Act 2006 and this project supports the Council’s School Organisation Plan 2011 – 2016, which highlights the need for additional pupil places in Gillingham. The new accommodation will also allow the school to increase the use of the schools facilities by the local community.

The Procurement process was carried out in line with the Council’s Contract Rules and that best value for money has been delivered through this process. 

Background:

This report provided details of the procurement related to the relocation and expansion of the Abbey Court School.

It was noted that Cabinet on 26 November 2013 had agreed the relocation of the school and expansion of provision of SLD (severe learning difficulties) and PMLD (pupils with profound and multiple learning difficulties provision) at Abbey Court Special School onto the former Temple Boys site (Cliffe Road, Strood). The Cabinet had also approved the use to the iESE South East and London construction framework managed by Hampshire County Council and the Abbey Court project was identified as the pilot project to utilise this framework.

It was noted that the Procurement Board had considered this report on 22 January 2014 and supported the recommendation as set out in the report.

An exempt appendix set details of the finance and whole-life costings, together with tender evaluation information.

Reasons:

This decision is in accordance with Cabinet’s approval for the relocation and expansion of the Abbey Court School on 26 November and the approved Targeted Basic Need funding from the Education Funding Agency for the provision of 68 additional spaces at Abbey Court School by September 2015.

Background:

This report provided details of the procurement process undertaken in relation to Strood Community Hub as a result of returned tender submissions coming in over the allocated budget.

It was noted that following consultation between Category Management and Building Design Services, these works were re-tendered to the same six suppliers on the KCC Select List Framework with a stated price ceiling, allowing this project to stay within the allocated budget.

The report noted that this project involved the relocation of Strood Library and Community Hub from their current positions to 133 High Street, Strood. The property required refurbishment and fit out for this purpose and for the Council to enter into a 25.5 year lease. It was reported that this was part of a wider regeneration scheme for Strood and would act as its focal point. Theproject would also maintain the Council’s statutory obligation to provide a comprehensive and efficient library service under the 1963 Public Libraries and Museums Act.

It was noted that the Procurement Board had considered this report and supported the recommendation set out in the report.

An exempt appendix set details of the finance and whole-life costings, together with tender evaluation information.

Reasons:

The reason for the decision is due to the re-tender results for the proposed works coming in within the allocated budget.