Agenda and minutes

Apologies for absence were received from Councillors Rodney Chambers OBE (Portfolio Holder for Inward Investment, Strategic Regeneration and Partnerships) and Howard Doe (Deputy Leader and Portfolio Holder for Housing and Community Services).

The record of the meeting held on 9 April 2019 was agreed by the Cabinet and signed by the Leader as a correct record.

Disclosable pecuniary interests

There were none.

Other significant interests (OSIs)

Councillor Turpin declared an OSI in agenda item 10 (Medway Norse Update) because he is the Chairman of Medway Norse Ltd and he relied on a dispensation agreed by the Councillor Conduct Committee to enable him to take part in the discussion and vote on this item.

Other interests

There were none.

Background:

This report provided details of the final revenue and capital outturn position for the financial year ended 31 March 2019. The report stated that the final revenue outturn reflected an overspend of £1.991 million which was offset by increased income from local taxation, including the retention of additional business rates growth through the Kent and Medway 100% business rates pilot.

The report also provided details of the variance between the 2018/19 revenue budget and outturn position for Children and Adults, Regeneration, Culture, Environment and Transformation and Business Support directorates.

In conclusion, the report noted that the £1.991million overspend on services would be met from income received, and that it was now no longer necessary to draw down from reserves to fund the Housing Infrastructure Funding bid (£1.245 million). In addition, a contribution of £2.791million would be made to the Council’s general reserves.

The capital programme year end position reflected a carry forward budget of £129.7 million which would be available for use within 2019/20 and beyond.

It was noted that the final audited Statement of Accounts would be presented to the Audit Committee on 29 July 2019 for consideration and approval.

Reasons:

The Cabinet is the body charged with the executive management of the Council’s budget. Therefore, it is important that the final outturn is reported to Cabinet.

Background:

This report provided details of the Innovation Park Medway (IPM) Delivery and Investment Plan (DIP) which formed the basis for investment in the IPM to ensure the site would come forward as a high quality, innovative development in the high-value technology, engineering, manufacturing and knowledge-intensive sectors.

The report stated that the DIP had been produced to consider and make recommendations for site development options, the procurement approach, capital interventions and revenue support over future phases and strategic investment through business rates income. The DIP made a number of recommendations to realise the vision for the IPM and to accelerate delivery of the site.

An Exempt Appendix provided detailed financial information in relation to the DIP.

Reasons:

To ensure sufficient investment is made to deliver Innovation Park Medway as a high quality, innovative employment site.

To ensure the right occupants are selected to realise the quality ambitions for the IPM, and land or disposal arrangements do not pose a risk to delivery at pace.

To stimulate delivery at pace and accelerate business income receipts and sale of plots.

This will allow Medway to maintain control of the development of the IPM, allowing it to be transformed into an area of prime, high quality commercial development.

Cabinet and Council will be asked to approve further additions to the capital programme, as the detailed schemes are formulated.

Background:

This report provided details of the Medway Joint Carers’ Strategy, which had been coproduced with carers and in consultation with stakeholders. The Strategy set out how health and social care services, provider organisations and the voluntary sector would work together over the next five years to respond and meet the needs of carers in Medway.

The report stated that the success of implementing this Strategy would lie firmly in a collaborative and joined up approach. In addition, it was noted that a clear governance and performance framework would help to drive the Strategy forward through the development of a joint delivery plan which would measure whole system benefit.

The report had been considered by the Health and Adult Social Care Overview and Scrutiny Committee and the Health and Wellbeing Board and their comments were set out in sections 4 and 5 of the report respectively.

A Diversity Impact Assessment had been undertaken on the Strategy, as set out in Appendix 2 to the report.

Reasons:

Approval of the Strategy will reconfirm the Council’s commitment to support carers, meeting the Council’s legal duty to assess and identify the eligible needs of carers.

Background:

This report provided details of the proposed action to be taken in relation to a Local Government Ombudsman (LGO) complaint regarding mainstream home to school transport. The LGO advised that the Council’s Policy was not compliant with the statutory guidance issued by the Department for Education (DfE) and they had published a report of findings against the Council on 16 May 2019. The LGO also advised that they had found evidence of fault causing injustice to the relevant family, which must be remedied.

The report stated that in response, officers, having reviewed the case in line with the LGO’s comments and having taken external legal advice, were clear that the Policy was compliant with the statutory guidance. External Counsel advice and clarification from the DfE supported this view that the Medway Council Education Travel Assistance Policy (the formal name for the Council’s home to school transport policy) was in line with the statutory guidance. In addition, the report provided details of the Council’s proposal to resolve the individual case in relation to the LGO complaint.

The report provided a number of options for consideration by the Cabinet to take this matter forward.

Reasons:

The reason for this decision is that officers are of the view that the Medway Council’s Education Travel Assistance Policy is compliant with the DfE statutory guidance. All independent advice received from the DfE and external Counsel supports this view.

Background:

This report provided details of the outcomes of the informal consultation period on the Council’s proposal to amalgamate Luton Infant and Junior Schools by way of statutory prescribed alterations.

The report stated that the Cabinet had agreed to informally consult on the proposals in January 2019 and, consequently, a six week informal public consultation took place between 4 February and 24 March 2019, details of which were set out in the report. The report stated that 88.6% of respondents supported the proposals, therefore, it was recommended to commence the period of statutory representation for the proposed changes to Luton Infant and Junior Schools.

A Diversity Impact Assessment had been undertaken on the proposals, as set out in Appendix 2 to the report.

Reasons:

Approval to proceed to a period of statutory representation will ensure the Council complies with its duty to follow the full consultation process when proposing changes to school organisation.

Background:

This report provided details of the outcomes of the informal consultation period on the Council’s proposal to make prescribed alterations to change St Nicholas CE Infant School from an infant school to a primary school.

The report provided details of the a six week informal public consultation which took place over a five week period between 28 January and 3 March 2019, details of which were set out in the report. The report stated that 31 responses were received to the consultation of which 24 supported the proposal, 6 objected, and 1 was neutral. The report also provided details of a public drop-in meeting on 12 February 2019.

A Diversity Impact Assessment had been undertaken on the proposals, as set out in Appendix 2 to the report.

Reasons:

Approval to proceed to a period of statutory representation will ensure the Council complies with its duty to follow the full consultation process when proposing changes to school organisation.

Background:

This report provided details of a review of the performance of the Medway Norse Joint Venture from the perspective of the Council client for the second half of the 2018/19 financial year. The report was accompanied by an update on the Joint Venture’s achievements and financial performance, prepared by the Partnership Director, as set out in Appendix 1 to the report.

The report provided details of a review of performance for the facilities core contract, greenspaces, transport, household waste recycling centres and waste collection/street cleansing.

The Medway Norse Update Report, as set out in Appendix 1 to the report, provided details of the ongoing service developments, improvements, efficiencies and projects, operational and financial performance as well as confirmation of health and safety, quality and environmental systems to maintain statutory compliance.

Reasons:

When the Cabinet agreed to establish the joint venture company it was also agreed that regular monitoring reports would be provided to Cabinet.

Background:

This report provided details of the six monthly review of the Corporate Risk Register. The report stated that risk owners had reviewed and updated their risks with the revised register as set out in Appendix 1 to the report.

The report stated that no risks were proposed to be removed through this review. However, the Register now included the new Cyber security risk (SR37) prepared in accordance with the Cabinet decision from November 2018 and a new risk on the Transfer of the Council’s Waste Contract to Medway Norse (SR38).

The Business Support Overview and Scrutiny Committee considered this report on 4 April 2019, details of which 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.

Background:

This report provided a review of the various Cabinet Advisory Groups and asked the Cabinet to agree to the re-establishment of the Groups for 2019/2020. The report noted that these Groups did not have any decision making powers and could consist of both executive and non-executive Councillors.

Reasons:

The re-establishment of these groups will support the Cabinet in decision-making and the development of policies.

Background:

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

Details of the posts were set out within Appendix 1 to the report.

Reasons:

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

Background:

This report provided details of the procurement of the ‘Support To Live At Home Service’, which would replace the current Framework Agreements for the provision of Homecare and Extra Care services, which come to an end in 2020. This service would provide homecare and support to people in their own home and to those living in the five Medway Extra Care schemes.

The report stated that the Council would work in partnership with Medway NHS Clinical Commissioning Group (CCG) to jointly procure a network of providers to deliver the service across Medway.

Reasons:

The procurement of the Support To Live At Home Service will deliver a home care and extra care service that will enable the following:

·         High Quality – enhanced service for Medway residents.

·         Basket of Hours – greater flexibility for the service user in the way care is delivered.

·         Outcomes Focused Care – to ensure the care received meets the service users’ desired outcomes.

·         Ongoing Development - the ability to continuously develop the service, in line with innovative approaches such as PatchCare.