Agenda and minutes

Cabinet - Tuesday, 29 October 2024 7.00pm

Venue: St George's Centre, Pembroke Road, Chatham ME4 4UH

Contact: Jon Pitt, Democratic Services Officer/Vanessa Etheridge, Democratic Services Officer 

Media

Items
No. Item

1.

Apologies for absence

Minutes:

An apology for absence was received from Councillor Mahil.

2.

Declarations of Disclosable Pecuniary Interests and Other Significant Interests pdf icon PDF 371 KB

Minutes:

Disclosable pecuniary interests

 

There were none.

 

Other significant interests (OSIs)

 

There were none.

 

Other interests

 

There were none.

3.

Record of decisions pdf icon PDF 360 KB

Minutes:

The record of the meeting held on 1 October 2024 was agreed by the Cabinet and signed by the Leader as a correct record.

4.

Property Asset Management Strategy & Property Review pdf icon PDF 171 KB

Additional documents:

Minutes:

Background:

 

The report provided the Cabinet withan updated Property Asset Management Strategy (PAMS) which would help the Council meet the challenges of the CIPFA Resilience Review January 2024. This recommended that the Council should carry out a property review to identify surplus property assets.

 

Alongside the updated Strategy, the report also presented phase 1 of the resulting property review in relation to those non-operational property assets which had been identified as being suitable for being declared surplus, so that they could potentially be disposed of, following appropriate consultation with stakeholders, including the Council’s Corporate Landlord Board (CLB).

 

It was noted that all sites would be give careful consideration before any disposal decisions were made. Where communities considered that an asset had particular value, it was encouraged that these be submitted for possible inclusion on the register of Assets of Community Value. It was also noted that Medway Council was not required to publish the assets that would be considered for disposal but it had chosen to do so to ensure full transparency.

 

The report had previously been considered by the Regeneration, Culture and Environment Overview and Scrutiny Committee on 10 October 2024 and its comments were set out in section 9 of the report.

 

A Diversity Impact Assessment had been undertaken and was attached at Appendix 2 to the report.

Plans of the properties located in Medway were attached to the report at Appendix 3, and an Exempt Appendix 1 to the report, contained further details of all properties recommended for disposal.

Decision

number:

 

Decision:

 

 

The Cabinet noted the comments of the Regeneration, Culture and Environment Overview and Scrutiny Committee, as set out in section 9 of the report.  

128/2024

The Cabinet agreed the updated Property Asset Management Strategy (PAMS), as set out in Appendix 1 to the report.

129/2024

The Cabinet declared the following non-operational properties surplus [as set out in decision Nos 129a/2024 to 129ac/2024], and agreed to delegate authority to the Director of Place in consultation with the Corporate Landlord Board (CLB), to agree the method of disposal for each property and to dispose of the properties in order to obtain the best price reasonably obtainable

129a/2024

Land to the South- east of the end of Northdane Way, Lordswood

129b/2024

Land at 126-150 Chatham Hill

129c/2024

Warren Wood Social Club, Rochester

129d/2024

Rainham District Shopping Centre

129e/2024

Industrial Estate - Railway Street, Gillingham

129f/2024

Indoor Bowls Club, Prince Arthur Road, Gillingham

129g/2024

Gillingham Business Park

129h/2024

Northbank House, Sir Thomas Longley Road, Rochester

129i/2024

Ground Floor Shop 23-25 High Street, Brompton

129j/2024

Britton Farm Shopping Centre, High Street, Gillingham

129k/2024

Former Fire Station and Public Toilets Arches, New Cut, Chatham

129l/2024

Unit 1 Court Farm Industrial Estate, Cwmbran, Gwent Wales

129m2024

Unit 1 Cherry Trees Court, Hemel Hempstead, Hertfordshire

129n/2024

Vantage Point, Holborough Road, Snodland, Kent

129o/2024

Eldon Road, Aycliffe Industrial Estate, Newton Aycliffe

129p/2024

Saxon Business Park, Bromsgrove, Worcestershire

129q/2024

Suffolk Business Park, Bury St Edmunds, Suffolk

129r/2024

Unit 5 Deans Industrial Estate, Livingstone, Scotland  ...  view the full minutes text for item 4.

5.

Public Space Protection Order - Dog Control pdf icon PDF 180 KB

Additional documents:

Minutes:

Background:

 

The report provided the Cabinet withthe outcomes of the public consultations on the introduction of a Medway wide Dog Control Public Spaces Protection Order (PSPO).

 

Public Spaces Protection Orders (PSPOs) were introduced by section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (this section came into force on 20 October 2014). PSPOs are an order created in relation to areas within the local authority’s jurisdiction, where activities are taking place that are, or are likely to be, detrimental to the local community’s quality of life. PSPOs impose conditions or restrictions on people within that area. A Breach of a PSPO is an offence punishable by a fixed penalty notice and/or prosecution in the Magistrates Court.

 

The report had previously been considered by the Regeneration, Culture and Environment Overview and Scrutiny Committee on 10 October 2024 and its comments were set out in section 9 of the report.

 

Decision

number:

 

Decision:

 

 

The Cabinet noted the comments of the Regeneration, Culture and Environment Overview and Scrutiny Committee, as set out in section 9 of the report.

 

The Cabinet noted the responses to the consultation to introduce a Medway wide Public Spaces Protection Order, as detailed in section 8 of the report.

131/2024

The Cabinet recommended Full Council approve the introduction of a Medway wide Public Spaces Protection Order to control the behaviour of dogs.

Reasons:

 

The introduction of the PSPO should help control several issues that arise as a result of people failing to exercise proper control of dogs in public places.

 

The PSPO included controls on dog fouling, defining areas where dogs were not permitted – such as playgrounds, and requiring dogs to be on leads in some public places across Medway and over the long-term improve the quality of life for residents, visitors and local businesses.

6.

Medway Short Breaks Sufficiency Strategy 2024-27 pdf icon PDF 195 KB

Additional documents:

Minutes:

Background:

 

The report outlined to Cabinet the findings and recommendations of the short break sufficiency review undertaken by Children Services Commissioning in July – October 2023. The review found that the number of children with disabilities had risen significantly and the number of children and families who received a short break grant had risen by 68% since 2016. This negatively impacted families who were experiencing longer wait times to have their needs assessed and met, as well as significant cost implications for the Council.

A strategy had been developed, outlining the Council’s plan. This sought to broaden the availability and uptake of inclusive universal services by those who could access them. The aim was to also make changes so that places on targeted and specialist short break schemes were available to those who needed them the most.

 

A Diversity Impact Assessment had been undertaken and was attached at Appendix 2 to the report.

Decision

number:

 

Decision:

 

 

The Cabinet noted the limitations of the existing model for short breaks in Medway.

132/2024

The Cabinet agreed to adopt the Short Breaks Sufficiency Strategy 2024-27, attached at Appendix 1 to the report.

133/2024

The Cabinet supported the following priorities, which had been designed to ensure compliance with UK short breaks legislation and improve sufficiency, efficiency and financial oversight of short breaks in Medway:

  • Co-produce a short break services statement
  • Review and update the Local Offer website and signposting
  • Invest in community training and improve communication with parents and carers
  • Review short breaks eligibility and inclusion criteria
  • Invest in data intelligence
  • Develop more commissioned services
  • Address recruitment and retention challenges.

Reasons:

 

The number of Children and Families who require short breaks is increasing significantly. A Strategy is necessary to ensure the ongoing sufficiency and financial oversight of short breaks provision in Medway.

7.

Treasury Management Report 2024/25: Quarter 1 pdf icon PDF 516 KB

Additional documents:

Minutes:

Background:

 

The report provided the Cabinet with an overview of treasury management activity for 2024/25 Quarter 1. The Audit Committee was responsible for approving the quarterly treasury reports and this report was presented to the Cabinet for information.

 

It was noted that the Council had significantly reduced its Lender Option, Borrower Option borrowing and that there was advice against long term borrowing as it was anticipated that interest rates would fall.

 

The report had previously been considered by the Audit Committee on 26 September and its comments were set out at section 12 of the report.

 

Decision

number:

 

Decision:

 

 

The Cabinet noted the comments of the Audit Committee, as set out at section 12 of the report.

The Cabinet noted the treasury management report.

Reasons:

 

In accordance with the Chartered Institute of Public Finance Accountancy’s (CIPFA) Code of Practice for Treasury Management, there should be a report on treasury every quarter.

8.

Gateway 1 Report: Deprivation of Liberty Safeguards (DoLS) Assessments pdf icon PDF 196 KB

Minutes:

Background:

 

The report sought permission from the Cabinet to commence the procurement of the Deprivation of Liberty Safeguards (DoLS) Contract.

 

Deprivation of Liberty Safeguards (DoLS) are an amendment to the Mental Capacity Act (MCA) 2005. Within the legislation there is a requirement that the Mental Health assessment was undertaken by a Mental Health assessor who had to be a doctor (approved under section 12 of the Mental Health Act 1983, or a registered medical practitioner with at least three years’ post-registration experience in the diagnosis or treatment of mental disorders). The Council did not employ S-12 doctors and therefore needed to source an external provider to undertake these assessments.

 

An Exempt Appendix 1 to the report, contained financial analysis of the costings involved.

Decision

number:

 

Decision:

 

134/2024

The Cabinet agreed to the procurement of a contract provision of specialist doctor/mental health assessments as one of the six elements of a Deprivation of Liberty Safeguard (DoLS) Assessment via Open Market Procurement, open procedure, for a three year term which could then be extended three times by two yearsas identified in paragraph 7.4 of the report.

Reasons:

 

The local authority is the supervisory body for the provision of DoLS assessments.

 

There is a requirement in the Mental Capacity Act (MCA) DoLS legislation that the mental health assessment is undertaken by a Section 12 registered (S-12) doctor.

 

Medway Council does not employ S-12 doctors so there is a need to source an external provider to undertake these assessments.