Agenda and minutes

An apology for absence was received from Councillor Coombs.

The record of the meeting held on 13 June 2023 and the record of Leader using urgency powers on 28 June 2023 were agreed by the Cabinet and signed by the Leader as correct.

The Leader advised that on Monday 10 July 2023, the Council had received an update from the Department for Levelling Up, Housing and Communities (DLUHC) that they would not be supporting the Housing Infrastructure Fund (HIF) Scheme going forward.  He, along with other Cabinet Members, expressed deep disappointment at this news and the loss of the £170m investment.  Concern was raised about the impact this would have on Medway, in particular in relation to the provision of sustainable infrastructure to support additional housing, but the Leader stated that he remained committed to continue dialogue with the Secretary of State and DLUHC on this issue.

Disclosable pecuniary interests

Councillor Osborne declared a DPI in relation to item 7 (Additional and Selective Licensing for the Private Rented Sector) due to being a landlord in Medway. He therefore withdrew from the meeting during the discussion and decision on this item.

Other significant interests (OSIs)

There were none.

Other interests

There were none.

Background:

This report presented the Council’s Cost of Living Crisis Response Plan 2023-24, which set out activity in place across the Council to support Medway’s residents to mitigate some of the impact of the cost of living crisis. The Plan itself was attached in full at Appendix 1 to the report. The Leader thanked officers for ensuring this had been delivered within the first 100 days of the current administration.

The report also sought Cabinet approval to introduce new developments to enhance the Council’s work in this area, namely the Low Income Family Tracker (LIFT) and ReferKent, which were detailed in paragraphs 3.2 and 3.3 of the report.

Reasons:

Approving a Cost of Living Crisis Response Plan 2023-2024 for Medway will help to ensure residents are aware of and are encouraged to access all support and services available to help mitigate the cost of living crisis. Approval of the proposed enhancements to support available would help residents to access more support from Medway Council, the government and other local and national organisation.

Background:

This report provided details of the Youth Justice Plan 2023-24 (attached at Appendix 1 to the report), which followed the guidance and format as provided by the National Youth Justice Board. This had been received in March 2023 and was set out at Appendix 2.

The report had been considered by the Children and Young People Overview and Scrutiny Committee on 14 June 2023 and its comments were set out in section 6 of the report.

A Diversity Impact Assessment had been undertaken on the Strategy, details of which were set out in Appendix 3 to the report.

Reasons:

The Crime and Disorder Act 1998, requires Local Authorities to have a Youth Justice Plan, which is updated annually to set out how youth justice will be delivered locally within available resources.

Background:

This report presented Medway’s draft Better Care Fund (BCF) plan for 2023-25. New policy and planning guidance had been released in March, which required a two year plan to be developed by local areas and submitted for national approval by 28 June 2023. The Plan had been drafted with consideration of strategic priorities for NHS Kent and Medway ICB, Medway and Swale Health and Care Partnership, Medway Council and Medway Foundation Trust and captured activity both funded by the BCF and those services funded more widely, where they contributed to the BCF Metrics.

On 9 March 2023, the Health and Adult Social Care Overview and Scrutiny Committee considered the current BCF Plan (2022/23), which enabled Members to review the potential content of the draft 2023 – 2025 BCF Plan and the context, helping to inform the development of this Plan. The Committee’s comments were set out in Section 4 of the report.

The Health and Wellbeing Board also considered the report at its meeting on 7 July 2023, and its comments were set out in an addendum report.

Reasons:

Approval of the Better Care Fund Plan 2023 – 2025 will formalise the submission made to NHS England, which had to take place as a provisional submission by 28 June 2023.

Background:

This report sought approval to formally commence an exercise to establish the need and scope of both additional licensing and selective licensing for homes in the privately rented sector (PRS).

Local authorities were able to designate areas as being subject to an additional licensing scheme, in relation to some or all the Houses in Multiple Occupation (HMO) in that area, which were not already subject to mandatory HMO licensing. A selective licensing designation could be made if the area to which it related satisfied one or more of conditions, including issues such as poor property conditions, high migration, high deprivation or high levels of crime. Both were subject to a number of considerations which would be borne out of formal assessment and consultation.

Reasons:

The decision was needed to formally commence assessing the need for either scheme but more specifically to enter into consultation with relevant parties.

Background:

This report provided details of the School Streets projects within the Safer Healthier Streets Programme, including the results of recent informal public consultation and proposed next steps. The report sought approval to progress formal statutory consultation, and where appropriate, for the School Streets (timed restriction on roads outside schools, which prevent vehicular traffic passing through during school drop-off and pick-up times) to be implemented. 

A Diversity Impact Assessment had been undertaken, details of which were set out in Appendix C to the report.

Reasons:

The School Streets initiative, within the Safer Healthier Programme, meet several key strategic polices and action plans set out by the Council. The implementation of the recommendations will create a safer environment for students, the wider school community, and residents, by enabling and encouraging more sustainable transport choices. <AI10></AI14>

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Background:

This report outlined the outcomes of the consultation period in relation to the Council’s proposals to make changes to the Education Travel Assistance Policy, with effect from 1 September 2023 and requested the Cabinet to consider and determine the outcome on each individual proposal. 

A Diversity Impact Assessment had been undertaken, details of which were set out in Appendix 2 to the report.

Reasons:

Approval to proceed will provide a fairer and more progressive Education Transport Assistance Policy, which promotes the independence and more sustainable methods of travel.

In relation to Proposal F, although concerns were raised at consultation, coupled with travel training, it promotes independence and sustainable travel, only where appropriate, for Medway’s young people.

Background:

This report requested an addition to the Capital Programme, to facilitate the necessary structural and refurbishment works to the Brook Theatre, to ensure its longevity.

The Theatre had been awarded £300,000 from the Future High Street Fund (FHSF) and £6.5m from the Levelling Up Fund (LUF), to deliver improvements to the building, focussing on improvements / refurbishments to performance and training areas, improving the accessibility of the building and enhancing and modernising the digital offer, ensuring the building was user friendly and fit for purpose for current and future residents and visitors. The LUF and FHSF programmes were being delivered together to ensure maximum efficiencies and benefits.

The full scope of works included structural works, a complete package of accessibility and digital improvements, updating the building to current regulations and utilising the full capacity and potential of the space. Subject to capacity and opportunities, the Council would continue to look for opportunities to reduce Council spend within the financial requirement envelope.

An Exempt Appendix set out key information in respect of financial analysis relating to the works required and the total amount requested.

Reasons:

Securing the £14.7m funding at Full Council in July, will enable the project to be delivered within the funding bodies spend deadlines, securing the £6.8m investment and ensuring the future and longevity of the Brook Theatre as a key community and cultural facility, in the heart of the city centre.

Background:

This report requested an addition to the Capital Programme, to fund a replacement bespoke waste vehicle fleet. The report explored a number of options but recommended prudential borrowing to fund the procurement (option 3) and to give the Council flexibility for the future procurement of the waste collection and cleansing contract. The vehicles would be a Council asset and provide stronger business continuity and the Council would be well placed to convert these vehicles at end of life to electric, hydrogen or other low-emission technology, taking a more environmentally sustainable approach to future fleet replacement. The Council would also continually assess the appropriateness of acquiring any vehicles using alternative leasing.

Reasons:

Option 3, procuring the new waste fleet using prudential borrowing, offers best value for money and flexibility in future service provision.

Background:

This report requested Cabinet to agree to the establishment of Cabinet Advisory Groups (CAGs) for 2023/24. It explained that the new Administration had reviewed the previous list of CAGs and had proposed that all CAGs, except the Corporate Parenting Board and Town Centres Board, would not be re-established for 2023/24.

The Medway Skills Partnership Board, Medway SEND Partnership Board and Medway Youth Justice Partnership Board, would continue to meet but would no longer be categorised as Cabinet Advisory Groups.

The report also proposed the establishment of two Member working groups on Climate Change and on the Local Plan.

Reasons:

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

Background:

This report sought Cabinet approval to change the governance model of the Council’s LATCOs, by replacing councillor representation on the boards of directors by independent directors (executive or non-executive) and the establishment of shareholder boards to perform the shareholder responsibilities.

Reasons:

The Cabinet was requested to approve the recommendations above to improve the corporate governance of the Council’s LATCOs.

Background:

This report sought permission to commence the procurement of the Health Visiting and School Nursing Service (0-19) Contract.

This report was originally considered by Cabinet on 13 June 2023, however, it contained incorrect information about the preferred procurement procedure.  This report corrected those errors and was therefore re-submitted to the Cabinet for approval.

Reasons:

There is a limited number of providers able to deliver said service and therefore the recommended process will ensure all suitable providers are able to access and bid for the opportunity.

Background:

This report sought permission to commence the procurement of the Framework Contracts for homecare and Extra Care service. It was intended to procure a network of providers to deliver these services across Medway, which provide care and support to people in their own home and to those living in the five Medway Extra Care schemes. Medway provided homecare to approximately 1000 people. The proposed service would cover long-term homecare, enablement homecare and care provided within the five extra care schemes.

Reasons:

The procurement of the Support to Live at Home Service will deliver a Homecare and extra care service that will enable the following:

·         High Quality – enhanced service for Medway residents.

·         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.

Background:

This report sought permission to award the procurement of the Medway’s Alternative Provision (AP) for Education Contracts. This Gateway 3 report had not been considered by Procurement Board due to the timeliness of implementation in order to have an alternative provision in place by September, however, the bypassing of Procurement Board was agreed at the Gateway 1 stage.

The new proposals supported the local system leadership sharing collective responsibility for all children, strengthening school resources to continually develop the right skills and knowledge to meet the needs of children and young people presenting challenging behaviours and those with Special Educational Needs and Disabilities (SEND).

An Exempt Appendix to the report set out financial analysis in relation to the procurement.

The Council’s decision to award these contracts would be subject to observing the procurement standstill period of a minimum of 10 days in accordance with the requirements of the Public Contracts Regulations 2015. The Council would be unable to conclude any contracts before the end of the standstill period.

Reasons:

Award of the contract will ensure the local authority meets its statutory duty to make arrangements for the provision of suitable education for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education.

Background:

This report sought permission to award the procurement of the delivery of various SEND transport routes.

Following a mini-competition, 10 submissions were received from framework members, which were subsequently evaluated. Through this exercise, it was identified that the incumbent remained competitive and their annual rate, remained roughly £180k less than the next lowest bids.

The report therefore recommended to make a direct award to the incumbent provider who was currently transporting approximately 400 children and young people.

An Exempt Appendix to the report set out details of the proposed contracts to be awarded.

The Council’s decision to award these contracts would be subject to observing the procurement standstill period of a minimum of 10 days in accordance with the requirements of the Public Contracts Regulations 2015. The Council would be unable to conclude any contracts before the end of the standstill period.

Reasons:

Award of the contract will ensure the local authority meets its statutory duty to put in place arrangements for the provision of home to school travel assistance and transport for children and young people who meet the published eligibility criteria.

Background:

This report sought approval for the award of contracts providing subsidised local bus services and the MY school bus services through the mechanism of a Dynamic Purchasing System.

Additional funding had been confirmed for 2023/24, therefore the contracts could be let within the approved budget for that year. The additional grant required to cover the full-term of these contracts was not yet confirmed and Cabinet was therefore asked to instruct officers to take action to contain expenditure within the approved budget for each year of the contracts.

An Exempt Appendix to the report set out details of the proposed contracts to be awarded.

The Council’s decision to award these contracts would be subject to observing the procurement standstill period of a minimum of 10 days in accordance with the requirements of the Public Contracts Regulations 2015. The Council would be unable to conclude any contracts before the end of the standstill period.

Reasons:

The award of the bus contracts, and the MY school bus services, will ensure the continued provision of socially necessary bus services in Medway, facilitating access to key services and providing residents, visitors and businesses with sustainable transport options that support the Council’s Climate Change Action Plan.

Existing central government BSIP+ grant funding will offset any overspend during the first two years of the contract, whilst it is expected that future BSIP+ grant funding allocations from central government will address any overspend during contract years 3 to 5 inclusive.

If future BSIP+ funding is not confirmed, an efficiency review of these supported services within the first two years of the contract will ensure that any spend during contract years 3 to 5 remains in line the Council’s available budget, ensuring that the Council continue commissioning services which provide best value for money.