Agenda and minutes

An apology for absence was received from Councillor Jane Chitty (Strategic Development and Economic Growth).

The record of the meeting held on 10 March 2015 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 12 (Gateway 3 Contract Award: SEN Transport Framework) 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 item 12 (Gateway 3 Contract Award: SEN Transport Framework) because members of his extended family worked in this area. He advised that he would stay and participate in the consideration and determination of this item.

Background:

This report asked Members to consider the final report of the in-depth review that had considered support for care leavers in Medway.

It was noted that the Task Group had considered the scope and complexity of the services available for care leavers, together with the potential impact on Medway Council’s children and adults services and the Council’s partners. Having reviewed existing internal and external provision of services, the Task Group brought together evidence and identified both positive practices and some gaps where improvements were already being made or could be made to close these gaps and improve the overall experiences for care leavers to smoothen their transition into young adulthood.

A copy of the Task Group’s final report was attached at Appendix A.

The Children and Young People Overview and Scrutiny Committee had considered the Task Group report on 25 March 2015 and details of the discussion were set out in section 7 of the report. The Committee had endorsed the report, subject to reference to the recent statutory guidance on promoting the health and wellbeing of looked after children (which had been incorporated within the version attached to the Cabinet report). 

A Diversity Impact Assessment was attached to the Task Group report. This identified that a wide range of evidence was gathered to support the recommendations, which sought to improve opportunities for Care Leavers 18+ across a range of outcomes e.g. access to employment, education and training, suitable accommodation.

Background:

This report provided details of the 2015-2016 Medway Sufficiency Report, which set out how Medway Council would meet the placement needs of its current and future Children in Care and Care Leavers and improve their outcomes in light of an understanding of their needs and current provision.

The report explained that the scope was not restricted to just making good quality placements. The intention was to co-ordinate the range of activity across Children’s Services, including a clear focus on supporting families to stay together, wherever it was safe to do so, thus minimising the need for children to come into care, or supporting their timely return to their families.

The Sufficiency Report (attached at Appendix A to the report) identified a number of Commissioning priorities:

·                    secure sufficiency of provision for 16+ Homeless young people and Care Leavers

·                    drive up quality standards of supported accommodation

·                    address the gaps in provision around emotional well-being and behavioural support for 18+ young people

·                    drive forward improvements in performance in respect of Initial Health Assessments and Health Histories

·                    drive forward improvements in the number of Care Leavers in education, employment and training

·                    secure more cost effective provision for Looked After Children

·                    improve process for assessing and monitoring placements.

It was noted that the Children and Young People Overview and Scrutiny Committee had considered this report on 25 March 2015 and its comments were set out in section 7 of the report.

The report included a Diversity Impact Assessment screening form at Appendix B to the report. This indicated that a full assessment was not necessary.

Reasons:

The Medway Sufficiency Report is set within the context of national policy, legislation and guidance. The purpose of this document is to set out how

Medway Council will meet the placement needs of current and future children in care and Care Leavers, and improve their outcomes, in light of the Council’s understanding of their needs and current provision.

Background:

This report sought approval of a revised Discretionary Council Tax Relief Policy.

The policy, originally adopted by Cabinet in March 2013, provided additional help with Council Tax, helping to alleviate hardship in the transition from long-term benefit dependence into work.

It was noted that following clarification from the President of the Valuation Tribunal, there was a right of appeal against any decision not to award Council Tax Discretionary Relief. As such, officers were seeking to incorporate the right of appeal to the Valuation Tribunal into the existing policy. It was also explained that after two years in operation, a number of administrative inefficiencies in the operation of the policy had been identified and officers were seeking to streamline the process.

The report included a Diversity Impact Assessment screening form at Appendix 2 to the report. Given that the changes introduced an additional appeal right and were otherwise administrative rather than decision-making there were no concerns that any particular groups would be adversely affected by the changes to this policy. It was noted however, that officers were in the process of completing a new Diversity Impact Assessment for the Local Council Tax Reduction Scheme, which would encompass the Council Tax Discretionary Relief Policy.

Reasons:

The Council Tax Discretionary Relief policy continued to provide assistance to those facing financial hardship as a result of welfare reform changes. However, after two years in operation it was believed that the revised policy would provide a more robust policy for claimants and a more efficient application process for both the claimant and the authority.

Background:

This report sought agreement to the setting of rent and service charges for 10 new build Council owned homes.

It was noted that the current programme was to develop a total of 55 new Council homes by 2017 and that the development of new Council Housing in Medway was progressing well. The next phase of these new properties was set out in paragraph 2.4 of the report and these would be ready for advertising, via the Council’s Kent Homechoice Scheme, from May 2015.

Members were advised that the rent and service charge for each property had been set in accordance with the Council’s current Social Housing Rent formula.

Reasons:

Full Council was recommended to set the rent and service charges for 10 new build Council owned homes, ahead of advertising via the Homechoice letting system from May 2015. Each property had its rent and service charge set in accordance with the Council’s current Social Housing Rent formula. Failure to set rent and service charges will mean a loss of income to the Housing Revenue Account Business Plan and the inability to let the new build properties.

Background:

This report sought agreement from the Leader of Medway Council to join an executive Joint Committee of the South East Local Enterprise Partnership (SELEP).

It was explained that Medway Council was part of the SELEP, which covered Medway, Essex, Southend-on-Sea, Thurrock, Kent and East Sussex local authorities. 

SELEP commissioned a delivery review in July 2014. The aim of the review was to ensure that SELEP was fit for purpose and resourced to manage major capital programmes within its governance framework. Recommendations from the review were presented to and agreed at the SELEP December 2014 Board meeting.  It was reported that these provided a robust framework for programme management by creating a new Accountability Board that would enable the main Board to perform a strategic role. The report set out details of the proposal and sought agreement for Medway Council to join the SELEP Accountability Board.

It was noted that Essex County Council had considered a report on this matter on 27 January 2015 and this was attached at Appendix 1 to the report. This included details of membership and terms of reference for the Accountability Board. It was noted that Medway Council would be entitled to one place on the Board (with an appointed substitute Member). During the discussion on this item, it was also noted that the reference to “Medway Borough Council” within the Draft Membership and Terms of Reference of the SELEP Accountability Board would need to be corrected.

In accordance with Article 10 of the Council’s Constitution, the authority to establish joint arrangements in respect of executive functions was devolved to the Leader. Article 10 provided that, except in certain circumstances, only a Cabinet Member can be appointed to a Joint Committee exercising executive functions.

Reasons:

These decisions are necessary in order to give approval to Medway Council accepting and joining the new Accountability Board for SELEP.

Background:

This report provided details of the latest review of the Council’s Corporate Business Risk Register and proposed changes to the Risk Register were detailed in Appendix A and B to the report.

It was noted that the 6 monthly review of the Council’s Corporate Business Risk Register would normally be submitted to the Business Support Overview and Scrutiny Committee, ahead of consideration by Cabinet. On this occasion, with cross-party agreement, the Committee meeting on 9 April 2015 was cancelled subject to a briefing being arranged on the Risk Register report for Cabinet for the Chairman, Vice-Chairman and Group Spokespersons of the Business Support Overview and Scrutiny Committee, which took place on 20 March 2015. The Chairman, Vice-Chairman and Labour Group Spokesperson attended this briefing and details of their comments were set out in section 5 of the report.

Reasons:

The establishment of a corporate framework for risk management is recommended by CIPFA and SOLACE and will complement and support the work already being carried out within each directorate to manage risks. 

Please note that this report has been added to the Agenda as an urgent item of business, please refer to paragraphs 1.2 and 1.3 of the report for further information.  

Background:

This report sought agreement to enter into a Section 75 agreement with NHS England for the commissioning of Human Immunodeficiency Virus (HIV) services. This would allow the Council to commission an integrated sexual health service for Medway including provision of contraception and the diagnosis and treatment of sexually transmitted infections including HIV. The report had been distributed within Supplementary Agenda No. 1.

It was noted that the Health and Social Care Act 2012 gave upper tier local authorities responsibility for commissioning comprehensive sexual health services including contraception and the testing and treatment of sexually transmitted infections as part of their new public health duties. Responsibility for commissioning services for the treatment of HIV remained with the NHS and was part of the specialist commissioning function of NHS England.

A section 75 agreement was proposed, with Medway Council as the lead commissioner, to facilitate the commissioning of an integrated sexual health service through a single procurement process and contract.

The Cabinet agreed to accept this report as an urgent item because the next Cabinet meeting was not scheduled to take place until mid June. Delaying the approval of the Section 75 agreement until then will cause a delay in the tender process for the commissioning of an integrated sexual health service, which in turn would leave the new premises for the delivery of these services unoccupied at the Council’s expense.

It was noted that a revised Forward Plan had been published in accordance with both Section 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) 2012 and Rule 17 (Special Urgency) of the Access to Information Rules as set out in the Constitution. The Chairman of the Health and Adult Social Care Overview and Scrutiny Committee had also agreed that the proposed decision was urgent and could not reasonably be deferred for the reasons set out above.

Reasons:

A Section 75 agreement with NHS England for Medway Council to commission HIV treatment and care services on their behalf would enable the commissioning of an integrated sexual health service for the residents of Medway. 

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.

Nine further posts were tabled at the meeting within Supplementary Agenda No. 1.

Reasons:

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

Background:

This report provided details of the proposal to commence the procurement process for single phase works at Cuxton Infants and Junior Schools, the aim of which was to increase capacity at the schools in accordance with the School Organisation Plan 2011-2016.

The report provided details of the procurement process options together with a recommended way forward.

The Procurement Board considered this report on 26 February 2015 and supported the recommendation as set out in the report.

An exempt appendix provided details of the whole life costings for this project.

Reasons:

To ensure a sufficient supply of good quality school places in the Cuxton and Halling area.

Background:

This report provided details of the outcome of the tender process to award contracts for the provision of SEN Transport, via a Framework, from September 2015 that would be managed by Medway Norse under arrangements put in place in April 2014. The Framework would cover three areas, namely:

• Spot Purchase/Ad Hoc Routes;
• School Sites;
• Write Trak (home tutoring transport service).

The report gave details of the procurement process undertaken and the business case for this procurement. An exempt appendix provided details of the whole life costings of the contract and the tender evaluation process.

The Procurement Board considered this report on 25 March 2015 and supported the recommendations as set out at section 8 of the report.

Background:

This report provided details of the review of the Household Waste Recycling Centres (HWRCs) contract delivered by FCC. This contract consisted of a number of elements including the management of the three HWRCs at Capstone, Cuxton and Hoath Way.

The FCC Annual Service Report was attached at Appendix 1 to the report.

An exempt appendix provided details of the whole life costings of the contract.

Reasons:

This contract is providing value for money and FCC have exceeded their year on target of a 60% recycling rate while delivering high quality services for the residents of Medway with high satisfaction levels recorded.

Background:

This report provided details of the review of the waste collection and disposal contracts. These contracts were delivered by Veolia and consisted of a number of elements including waste collection and street cleansing services, for example, residual waste collection, recycling collection from kerbsite and bring sites and the disposal of residual waste via a combination of landfill and energy form waste.

The Veolia Annual Service Report was attached at Appendix 1 to the report.

An exempt appendix provided details of the whole life costings of the contracts.

Reasons:

The contracts provide value for money and Veolia have a track record of delivering high quality services for the residents of Medway with very high satisfaction levels recorded.

Further to this, the contracts have been well managed by the client department, through the adoption of contract management and the forming of a strong working relationship between Veolia and the Council.