Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Cllr Simon Tong, David McIntosh (Chief Executive – East Dorset District and Christchurch Borough Councils), and Debbie Ward (Chief Executive – Dorset County Council).

Councillors are required to comply with the requirements of the Localism Act 2011 regarding disclosable pecuniary interests.

There were no declarations by members of disclosable pecuniary interests under the Shadow Dorset Council’s Code of Conduct.

To confirm and sign the minutes of the previous meeting held on 18 June 2018.

The minutes of the previous meeting held on 18 June 2018 were confirmed and signed.

To receive any public questions or statements on the business of the Shadow Executive Committee.

There were no public questions or statements received at the meeting in accordance with Standing Order 28.

To consider the Forward Plan of the Shadow Executive Committee.

The Committee received the latest draft Forward Plan, which included all decisions to be taken throughout the Shadow Dorset Council period until 1 April 2019.  The Plan would be further populated by decision items from each of the sovereign council in Dorset. 

Noted

To consider a report by the Programme Director.

The Committee received a detailed overview of the Local Government Reorganisation Programme by the Interim Head of Paid Service which included:

·           Phase 1 of the programme to deliver the Shadow Dorset Council was largely complete except for final consequential orders, disaggregation delivery phase to undertake, and to appoint the Chief Executive.

·           Phase 2 workstream activity continued with Legal and Democratic on track; Finance progressing well with the draft budget and work on convergence; Human Resources moving forward on payroll and on a pan–Dorset basis towards TUPE with good engagement with Trade Unions; Customer services had started with a workshop on 13 July 2018; ICT strategy and technical elements progressing well with domain agreed as dorsetcouncil.gov.uk and a single directory being compiled; Information Governance working on data compliance and systems access; Communications and branding resources increased, the SharePoint site and other communications channels were up and running, and a workshop on visual identity would be held soon. 

·           Phase 3 transformation preparations were underway with a session for members on design principles held to help draft an operating model for the Council.

The Committee discussed the highlight report and asked questions about capacity of officers to meet the challenges of the programme.  It was clarified that efforts were in place to gain additional officer time from each of the Dorset councils, together with efforts to continue filling appointments within the programme team.

The Risk Register of the programme was debated in detail, and requests were made for the content to be updated including corporate risk register information from sovereign councils, and that key risks needed to take account of major issues such as TUPE, judicial reviews and budget. A request was made for regular workshops to review the risks facing the programme.  It was confirmed that an informal session was planned soon and that the main areas of concern were captured in the workstreams, such as Judicial Reviews within the Legal and Democratic Workstream, or the risk register in a different form of words.  A further suggestion was made that asked for risks to be identified as either ‘legal for day one’ or for ‘programme delivery’.  In relation to Information Governance, it was reported that approx. 20 risks and the associated work to mitigate them had been identified at a meeting on 16 July 2018 to be added to the risk register.

A further risk identified was that meetings were being cancelled.  It was generally accepted that it was imperative that meetings continued in order to continue the pace of the programme.

The introduction of lead members was raised as an important factor in managing risks and being able to provide assurance to other members about workstream activity.  Some lead members had already assumed roles, but it was clarified that the composite list and roles for lead members were being developed and would be confirmed shortly, with some workstreams having up to three lead members. 

A further suggestion was made to refine the highlight report by introducing a performance direction  ...  view the full minutes text for item 17.

To consider a report by the Programme Director.

The Committee considered a report in relation to the principles for transfer of assets to Town and Parish Councils and other community groups to ensure consistency of approach. The General Manager - Public Health and Housing, Purbeck District Council, introduced the cross-authority report and summarised the need to provide principles and a framework for councils to use when considering the future transfer of assets, which had followed a period of interest by Town and Parish Councils to secure assets prior to the start of the new Dorset Council from 1 April 2019.  It was also explained that the approach towards the formation of Weymouth Town Council and the impact on Portland Town Council would need to have different arrangements.

Clarifications were also provided that recommendation 1 in the General Manager’s report referred to paragraph 3.4 of the report and not 3.2 as stated.  An amendment to principle (ii) of paragraph 3.4 was also suggested by the General Manager as:

‘Any resolution prior to 26 May 2018 by sovereign councils to dispose of an asset but not yet legally completed may continue unless it contradicts these principles.’

At this point a question was asked at the meeting by Cllr Cheryl Reynolds, in relation to asset transfers by West Dorset District Council. The question and answer are attached to these minutes as an annexure.

Three areas of consideration were raised during the debate on the principles (paragraph 3.4) which related to:

(i) Transfer of Assets to Dorset Council  Comments were received about reference to all assets being transferred to Dorset Council.  In particular that the arrangements needed to establish Weymouth Town Council needed to be defined clearly, together with the impact upon Portland Town Council as a result of the new arrangements.  As such Cllr Jeff Cant proposed that the principle be re-worded to read ‘All assets required for the delivery of Council services and those capable of generating income are transferred to the new unitary Dorset Council, but the unique circumstances of Weymouth Town Council and Portland Town Council will be considered separately.’.

The amendment was seconded by Cllr Daryl Turner.  On being put to the vote the amendment was agreed unanimously.

(ii) Existing Programme for the Disposal of Assets  Comments were received in relation to the suggested amendment summarised in the minute above. Concern was expressed by Cllr Antony Alford that the principle needed to be tightened to explicitly reflect the assets of Town and Parish Councils only, and he therefore proposed that the wording be amended to read ‘Any resolution prior to 26 May 2018 by sovereign councils to dispose of an asset to town and parish councils but not yet legally completed may continue unless it contradicts these principles.’.

The amendment was discussed and points were raised that indicated that the wording should remain unchanged as the principle needed to be open enough for asset transfers to community groups.  The wording suggested by the General Manager was therefore proposed by Cllr Jill Haynes and seconded by  ...  view the full minutes text for item 18.

To consider a report by the Programme Director.

The Committee considered a report by the Programme Director on the conclusion of the disaggregation of services in Dorset County Council that related to provision in the Christchurch area, which will become the responsibility of the Bournemouth, Christchurch and Poole Council from 1 April 2019.

Cllr Cant, as the Lead Member, summarised the work of the Service Disaggregation Task and Finish Group and commended the work of officers to arrive at a fair and representative model.  He also highlighted that a further report would be considered in due course on any outstanding asset and liability issues.

Decision

1. That the disaggregation as set out in the appendices to the Programme Director’s report be approved.

2. That the next steps to be delivered by the Shaping Dorset Council programme be agreed.

3. That a further report on the disaggregation of assets and liabilities be submitted in due course.

Reason for Decisions

To allow implementation planning to progress on schedule and for the budget setting work to continue with this critical input.

Item deferred to the next meeting due to delayed public consultation.

This item was deferred from this agenda to the next meeting of the Shadow Executive Committee on 21 August 2018.

Noted

For information only – the links below provide background information regarding the decision making activity of each of the Dorset area councils:

Dorset County Council

East Dorset District Council

North Dorset District Council

Purbeck District Council

West Dorset District Council

Weymouth & Portland Borough Council

The Committee received notification of the decision making activity of Dorset councils.  There were no matters raised in respect of decision making of Dorset Council.

Noted

To consider passing the following resolution:

To agree that in accordance with Section 100 A (4) of the Local Government Act 1972 to exclude the public from the meeting in relation to the business specified below it is likely that if members of the public were present, there would be disclosure to them of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Decision

That in accordance with Section 100 A (4) of the Local Government Act 1972, it was agreed to exclude the public from the meeting in relation to the following business as it was likely that if members of the public were present, there would be disclosure to them of exempt information as defined in Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighed the public interest in disclosing the information to the public.

To consider an a exempt report by the Cabinet Member for Health and Care, Dorset County Council, for consultation with the Shadow Executive Committee. NOT FOR PUBLICATION

The Committee considered an exempt report by the Cabinet Member for Health and Social Care – Dorset County Council on the creation of a framework of speciality providers of Learning Disability Services for 2019-2024. The framework would provide for an increasing level of complex needs using a whole-life approach to give greater choice and opportunity to develop services with customers. There would be financial savings and transparent service prices which would be regularly reviewed.  Arrangements would also be aligned as much as possible with Bournemouth, Christchurch and Poole, but it was recognised that they had a different approach to that of the Dorset area.  The Dorset County Council Cabinet approved the recommendations in the Cabinet Member’s report on 18 July 2018, subject to the views of the Shadow Executive Committee.

The Committee discussed the future of learning disability care and support, which included:

·         Despite changes being discussed to health and social care on a national basis, it was recognised that the framework was needed and would not be changed as a result of national funding changes.

·         There was an aspiration to provide as much support as possible for people within Dorset, but there would be exceptions as the Council was not in a position to be able to deal with all specialist cases.

·         The Council was working in partnership with the Clinical Commissioning Group regarding community based health care.

·         The budget for the framework and the service requirements were analysed in detail, but an emphasis was put on the importance and duty to provide the services to those in need.

·         Efficiencies within the framework year on year were summarised, which would include the cost of care packages, freedom for users by using personalised budgets, and the introduction of ‘micro-providers’ particularly in rural areas.  Pilots were underway in North Dorset at the Somerset border where a similar system was already in place.

·         The risk management associated with a ‘micro-provider’ model in rural areas.

·         The importance of improving and promoting communications around removing the stigma associated with benefits, which would include helping people claim, and providing advice and guidance for self-funders.

·         Performance management of the framework which would be monitored in detail by the Brokerage Team.

Decision

That the Cabinet Members’ report be supported.

To consider any items of business which the Chair has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be specified in the minutes.

There were no items of urgent business pursuant to section 100B (4) b) of the Local Government Act 1972 considered at the meeting.