Agenda and minutes

To receive any declarations of interest.

In response to a Member’s question, the Corporate Director – Legal and Democratic and Monitoring Officer confirmed that for the purposes of setting the budget and council tax, there was no requirement for any Shadow Councillor in receipt of a Local Government Pension Scheme to disclose this as a pecuniary interest.

There were no declarations of disclosable pecuniary interests.

To confirm the minutes of the meeting held on 24^th January 2019.

The minutes of the meeting held on 24 January 2019 were confirmed as a correct record and signed by the Chairman.

Members of the public may submit a written question to the Leader, Portfolio Holder, or Chairman of the Shadow Council or committee.  Questions or statements must have been submitted to the Monitoring Officer by 10.00 am on Monday 18^th February 2019.

Ms Siobhan Lennon-Patience, from the Dorset Parents Campaign Group for SEND Children and a mother of a child with additional needs, addressed the Shadow Council in relation to the funding of SEND in Dorset.  She noted that Dorset County Council was struggling to meet its legal obligations to SEND children and having to dip into reserves. She also noted that the Dorset SEND strategy stated the Children’s Services Directorate remained committed to a savings programme and whilst the government had offered £250 million to councils over the next two years this was a drop in the ocean.  She considered that it was not enough for local authorities to focus solely on their statutory duties and that this had resulted in assessment delays, poorly planned Education, Health and Care Plans (EHCPs), inappropriate use of the EHCP banding system, school exclusions and parents home educating their children.  She sought urgent assurance that SEND children would not continue to bear the brunt of swingeing cuts, to the detriment of their health and education, and requested that the Council confront Government on this issue to make a case for significant financial boost for the benefit of SEND children.

The Shadow Executive Lead Member for Education and Skills explained that the decision for expansion of SEND provision in D – particularly the 0 -25 agenda, would be the responsibility of the members of the new Dorset Council.  He accepted that demand for EHCPs had dramatically increased over the past few years and continued to rise.  He assured Ms Lennon-Patience that Dorset County Council was working with the Schools Forum to tackle pressure in both mainstream and specialist provision.  He explained that Dorset County Council currently held reserves of £12.5M against the Higher Needs Block deficit; these would be transferred to Dorset Council and it would be for that authority to decide how to address these pressures going forward.  He acknowledged the importance of the new Council working with schools and other significant partnerships to improve the way that children and young people with additional needs were supported.

Ms Jewels Evans addressed the Shadow Council explaining that her child Zara, who was 5, had extensive additional needs including Global Learning Delay and had been waiting for a diagnosis of autism since 2016.  She explained that all 1:1 classroom support had been withdrawn in 2017.  Of the 30 students in Zara's class at a mainstream school, 10 had Special Educational Needs, but Zara was the only child with an EHCP. The classroom had a teacher and a part-time teaching assistant.  Due to the cuts in SEND funding, Zara was now not receiving the intensive teaching, intervention and occupation therapy teaching support she required to make progress.  Zara had a legal right to an education at her point of need which could help her to live independently and work in the future.  She asked that Members reflect on the fact that society would judge Dorset on how it treated those who could not advocate for themselves.

The  ...  view the full minutes text for item 43.

A Shadow Councillor may ask the Chairman, Leader, Portfolio Holder or the Chairman of a committee any question about a matter which the Shadow Council, the Shadow Executive or committee has powers, duties or responsibilities. Questions must have been submitted to the Interim Monitoring Officer by 10.00am on Monday 18^th February 2019.     

The following question was put by Councillor Susan Jefferies:-

“Late last week all members of the Fostering Panel received a letter saying

“I am writing to inform you that we will be dissolving the current Fostering and Permanence Panel on 31^st March 2019 and constituting a new Fostering and Permanence Panel, along with new contracts, from 1^st April 2019.  In this letter I am therefore formally giving you notice of the ending of your current term with the panel on 31^st March 2019.  We will shortly be advertising for panel members for the newly constituted panel from 1^st April 2019 and you are, of course, welcome to apply.

Thank you for your work and commitment to Dorset County Council’s Fostering and Permanence Panel and I hope that we will see at least some of you on our newly constituted Panel for Dorset Council.”

I received a number of messages from several of them, none had had any forewarning of this and were upset and disturbed, all bar myself are Independent members.  The Chairman of the Panel, who is a lawyer by training, said she felt that this was a “Thank you and Goodbye letter”.  I hastily reassured them that this was not my understanding.  I hoped that this was more an administrative notice informing them their contracts would change.

These people have worked hard and loyally for Dorset County Council for many years as Panel members.

On a practical level it would be impossible to recruit, interview, train, and conduct checks to form an entire Panel within a month.  Without qualified members, all Panels would need to be cancelled for about 8 weeks upsetting all the scheduling of cases, Social Workers, potential Foster Carers with disastrous consequences and delays.

My questions are:

1.         Is my interpretation of a change in contracts more in line with what was intended?

2.         If I am correct, why did such a letter, virtually severing their commitments, go out to the members at this time?

3.         Can you give me assurance that the action taken by sending out these letters will not be detrimental to, or delay the continuity of the Fostering Panel, Particularly for those cases in the pipeline?”

The Shadow Executive Lead Member for Children’s Services confirmed that Councillor Jefferies’s interpretation was correct and explained that a further letter had been sent on the previous day to all Panel members explaining that, due to the creation of the new Dorset Council, contracts needed to be changed. This had also been seen as an opportunity for anyone else who was interested to sign up if they so wished.  He confirmed that none of the action taken would be detrimental to or delay Panel meetings in future.

To receive the minutes of the Shadow Executive Committee held on 11^th February 2019 (to follow).

The minutes of the meeting of the Shadow Executive Committee held on 11 February 2019 were received and noted.

To receive the minutes of the Shadow Overview and Scrutiny Committee held on 21^st January and 4^th February 2019.

The minutes of the meetings of the Shadow Overview and Scrutiny Committee held on 21 January and 4 February 2019 were received and noted.

To consider a report by the Interim S151 Officer.

The Council considered the proposals for the 2019/20 Revenue and Capital Budgets Capital Strategy and Treasury Management Strategy.  In presenting the proposals, the Leader of the Shadow Council stated that the budget would set a firm financial basis for Dorset Council and acknowledged that the development of the proposals had been a demanding task for councillors, particularly those on the Budget Working Group.  The proposed budget would enable Dorset Council to invest in specific areas to help its most vulnerable residents and to retain frontline, critical services.   

The Interim S151 Officer confirmed that, in his opinion, the 2019/20 budget proposals were robust and that the Council would have an adequate level of reserves based upon the proposals set out in the report.

Cllr D Harris, speaking on behalf of the Liberal Democrat Group, expressed concern that the Council was being asked to support a budget to fund an unknown agenda.  He considered that there was a need to have input from some form of area forums to ensure that strategies were delivered appropriately across the communities of Dorset and that reorganisation needed to be used to transform and improve services to residents.  He expressed concern that the assets which were not required to deliver services by the new council were built into the budget.  The following amendment to recommendations 1 and 2 in the report was proposed by Cllr D Harris and seconded by Cllr C James:

To approve the 2019/20 Revenue budget as set out in Appendices 2 and 3 on the understanding that the new council is required to do an immediate root and branch review of all assumptions, structures and decisions taken by the Shadow Executive, especially on Children’s Services and local decision making, involving a full cross party section of its councillors and its partners.

Following debate and upon being put to the vote the amendment was LOST.

The Leader of the Labour Group acknowledged that the development of a balanced budget for Dorset Council had not been easy due to the tight timescales and thanked the S151 Officer and his team, as well as the Budget Working Group, for their efforts in achieving this.  He drew particular attention to the medium risk scored against the budget and welcomed the small increase in funding for homelessness services.  However, there remained a significant need for affordable housing in Dorset, exacerbated by the issue of second home ownership, and he hoped that the planning system would enable something to be done to address this.  He asked how the cumulative deficit of £3.5M against the High Needs Block could be met without using reserves and how many agency children’s social workers were currently used by Dorset County Council and at what cost.  The following amendment was proposed by Cllr C Huckle and seconded by Cllr T Jones:

That the Local Council Tax Support discount be increased from 90% to 91.5% in line with most of the current schemes and the recommendation from the Shadow Overview and Scrutiny Committee.

In  ...  view the full minutes text for item 47.

To consider a report by the Corporate Director, Legal & Democratic and Monitoring Officer (Designate).   

The Council considered a report setting out the recommendations for a scheme of members’ allowances for Dorset Council made by the Independent Remuneration Panel following careful consideration of evidence.  This also set out a list of approved duties to be included within the scheme.

In response to a member’s question, the Corporate Director – Legal and Democratic and Monitoring Officer confirmed that it was recommended by the Panel that the scheme would be subject to review after twelve months of operation.

Decision

(a)       That a scheme of members’ allowances for Dorset Council be adopted as recommended by the Independent Remuneration Panel.

(b)       That the list of approved duties set out in Appendix 2 to the report be approved.

To consider a report by the Corporate Director, Legal & Democratic and Monitoring Officer (Designate).  

The Shadow Council considered a calendar for Dorset Council which included dates for all full Council meetings and those for each of its committees.

Some members expressed their disappointment that the majority of meetings were scheduled to take place during the day and that this did not provide an opportunity for any resident who wished to be able to participate in local democracy to do so as it precluded those who worked.  The Shadow Executive Lead Member for Governance reiterated that all Shadow Dorset Councillors were consulted on their preferences in relation to start times of meetings. 56 responses were received which expressed a preference for meetings to be largely held at 10.00am with Council meetings at 6.30pm. The proposed calendar reflected these responses.

In the interests of enabling wider participation in local democracy, the following amendment was proposed by Cllr M Rennie and seconded by Cllr S Bartlett:-

“That the proposed calendar of meetings be put in place for the first quarter and then the new councillors can decide on the future calendar.”

Upon being put to the vote the amendment was LOST.

Decision

That the calendar of meetings for Dorset Council May 2019 – May 2020 be adopted.

To consider a report by the Corporate Director, Legal & Democratic and Monitoring Officer (Designate).  

The Shadow Council considered a report regarding the making of appointments to the committees in the transitional structure set out in the constitution for Dorset Council.  This was necessary so that any business required to be undertaken during the ‘interim period’ (1 April – 6 May 2019) could be managed.  Particular attention was drawn to the nominations submitted by Group Leaders.

Decision

(a)       That seats and appointments to the Shadow Executive Committee continue to the end of the current term of the Council (6 May 2019).

(b)       That seats and appointments on transitional committees of the Shadow Dorset Council be allocated, as nominated by Group Leaders and set out in the Appendix to these minutes.

(c)       That Chairmen and Vice-Chairmen of committees be appointed at the first meeting of each committee.

(d)       That delegated authority be given to the Chief Executive, after consultation with Group Leaders, to make changes to appointments as necessary.

Under section 28(7) of the Localism Act 2011, local authorities are required to put certain arrangements in place for promoting and maintaining standards of conduct including provision for the appointment by the authority of at least one independent person - 

(a) whose views are to be sought, and taken into account, by the authority before it makes its decision on an allegation that it has decided to investigate, and

(b) whose views may be sought—

(i) by the authority in relation to an allegation in circumstances not within paragraph (a);

(ii) by a member, or co-opted member, of the authority if that person's behaviour is the subject of an allegation, and

(iii) by a member, or co-opted member, of a parish council if that person's behaviour is the subject of an allegation and the authority is the parish council's principal authority.

Such appointments are to be made by the full Council.

Given the need to have at least one independent person in place for Dorset Council on 1 April 2019, it is recommended that those currently consulted by the six sovereign councils be appointed as they have been previously been through a selection process.  The Monitoring Officers have contacted the independent persons who have confirmed that they are willing to continue in the role for Dorset Council. 

It is therefore recommended that the following individuals be appointed as independent persons for Dorset Council with effect from 1 April 2019:-

Elizabeth Whatley

Rob Nicholls

Col Mike Powell

Nick Maton

Ken Whatley

Barry Preedy

Christopher Lousley

The Corporate Director – Legal and Democratic and Monitoring Officer explained that under section 28(7) of the Localism Act 2011, local authorities were required to put certain arrangements in place for promoting and maintaining standards of conduct including provision for the appointment by the authority of at least one independent person. Given the need to have at least one independent person in place for Dorset Council on 1 April 2019, it was recommended that those currently consulted by the six sovereign councils be appointed as they had previously been through a selection process. The independent persons had all confirmed that they were willing to continue in the role for Dorset Council.

Decision

That the following individuals be appointed as independent persons for Dorset Council with effect from 1 April 2019:-

Elizabeth Whatley

Rob Nicholls

Col Mike Powell

Nick Maton

Ken Whatley

Barry Preedy

Christopher Lousley

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) (b) of the Local Government Act 19702.  The reason for the urgency shall be specified minutes.

There were no urgent items to report.