Agenda, decisions and minutes

To approve the minutes of the last meeting held on 5 April 2022.

The minutes of the meeting held on 5 April 2022 were confirmed as a correct record and signed by the Chairman.

To disclose any pecuniary, other registrable or non-registrable interest as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

There were no declarations of interest to report.

Representatives of town or parish councils and members of the public who live, work, or represent an organisation within the Dorset Council area are welcome to submit up to two questions or two statements for each meeting.  Alternatively, you could submit one question and one statement for each meeting.  

All submissions must be emailed in full to kate.critchel@dorsetcouncil.gov.uk by 8.30am on Thursday 12 May 2022.   

When submitting your question(s) and/or statement(s) please note that: 

• no more than three minutes will be allowed for any one question or statement to be asked/read  
• a question may include a short pre-amble to set the context and this will be included within the three-minute period 
• please note that sub divided questions count towards your total of two 
• when submitting a question please indicate who the question is for (e.g. the name of the committee or Portfolio Holder) 
• Include your name, address and contact details.  Only your name will be published but we may need your other details to contact you about your question or statement in advance of the meeting. 
• questions and statements received in line with the council’s rules for public participation will be published as a supplement to the agenda 
• all questions, statements and responses will be published in full within the minutes of the meeting.   

Dorset Council Constitution Procedure Rule 9 

There was no public participation for the meeting.

To receive questions submitted by councillors.  

Councillors can submit up to two valid questions at each meeting and sub divided questions count towards this total.   Questions and statements received will be published as a supplement to the agenda and all questions, statements and responses will be published in full within the minutes of the meeting. 

The submissions must be emailed in full to kate.critchel@dorsetcouncil.gov.uk  8.30am on Thursday 12 May 2022. 

Dorset Council Constitution – Procedure Rule 13 

There were two questions from Councillors P Kimber and B Heatley; these along with the responses are set out in Appendix 1 to these minutes.

To consider the Cabinet Forward Plan.

The draft Cabinet Forward Plan for June 2022 was received and noted.

To consider a report of the Portfolio Holder for Culture, Communities and Customer Services.

That the adoption of the revised Inter-Authority Agreement with BCP Council over the provision of the Joint Archives Service be approved.

Reason for the decision

To enable and underwrite proper political, financial and strategic oversight of the Joint Archives Service.   

To provide relevant governance structure to oversee both the strategic direction and standard of service delivered to residents. Ensuring that both governance and accountability are clearly retained by the partner local authorities.

The Portfolio Holder for Culture, Community and Customer Services set out a report on the proposed revised Inter Authority Agreement for Joint Archives Service.

In proposing the recommendation, the Portfolio Holder advised that the Joint Archives Service (JAS) based at the Dorset History Centre (DHC) Dorchester was funded pro rata to population by Dorset Council and BCP Council.  The JAS had been governed since 1997 by a tripartite Inter-Authority Agreement and to allow for continuity this agreement was maintained through the local government re-organisation in 2019. Members were advised that the JAS had been reviewed and updated with the support of the Joint Archives Advisory Board which endorsed this new Inter-Authority agreement, as set out in appendix 1 to the report. The proposal was seconded by Cllr T Ferrari.

In response to questions, members were advised that there was a long-standing ambition to extend the history centre. Discussions were on-going with the national lottery fund and it was hoped that an application would be shortly completed with match funding from the council.

Decision

That the adoption of the revised Inter-Authority Agreement with BCP Council over the provision of the Joint Archives Service, be approved.

Reason for the decision

To enable and underwrite proper political, financial, and strategic oversight of the Joint Archives Service.   

To provide relevant governance structure to oversee both the strategic direction and standard of service delivered to residents. Ensuring that both governance and accountability are clearly retained by the partner local authorities.

To consider a report of the Portfolio Holder for Adult Social Care and Health.

Cabinet agreed that: -

(i)             the Dorset Minimum Income Guarantees (MIG) for financial year 2022/23 should be set at the DH&SC MIG rates, which have been uplifted by 3%.

(ii)            the approach to the review in Dorset, (which began in October 2021) involved first establishing that the MIG rates for 2021-22 were sufficiently robust.

(iii)          Dorset Council should not set a maximum percentage of a person’s disposable income (over and above the guaranteed MIG) which may be considered in charging during 2022-23.

(iv)          Dorset Council should not set a maximum charge for receiving care outside a care home during 2022-23.

(v)           both formal complaints and informal appeals concerning the MIG should be recorded and reported in a way that gives us ongoing feedback about whether the MIG rates we have set have are sufficient.

(vi)          The Dorset MIG rates should be increased whenever the DH&SC rates increase, with any unplanned mid-year increases being funded by efficiencies within the Adult Social Care directorate. Accepting that there is a financial risk to the Council

(vii)         the approach to setting the Dorset Council Personal Expenses Allowance (PEA), (which applies to residents and temporary residents in residential care) should follow the approach to setting the MIG in future, to offer consistency between care settings.

(viii)       Adult Social Care should recommend considering further increases to the MIG and PEA levels as part of setting the Council’s 2023-24 budget, and annually thereafter as part of setting future budgets.

(ix)          Dorset Council may wish to consider the impact of the MIG and PEA in any wider suite of measures it identifies for alleviating increases in the cost of living that all residents have experienced, and particularly those who are receiving care and support.

Reason for the decision

The reason for the recommendations is to achieve transparency and more explicitly meet the expectations of the Department of Health and Social Care’s Care and support statutory guidance - GOV.UK (www.gov.uk)  - particularly paragraphs 8.42–8.48 and Annex C paragraphs 48) - 50).

In the absence of the Portfolio Holder, the Cabinet Lead Member for Health presented the report outlining the adoption of current national regime of charges to residents called the Minimum Income Guarantee or “MIG”. She advised that the MIG was the weekly amount of income, that residents who were in receipt of adult care and support at home received to retain a certain level of income to cover living costs.

Cabinet was asked to consider the mechanism for all future decision making on setting the MIG rates, including the ability of overview and scrutiny committees to be able to comment on the position. This would allow the Council to continually review the MIG rates in its area.

In response to a question relating to the recent and continuing rise in the rate of inflation and those individuals who were most vulnerable, the Corporate Director for Adult Social Care advised that the national recommendation (at 3%) was made at a point when the inflation rate was running at a lower rate. However, one of the recommendations in the report indicates that Cabinet and Council may wish to take a broader degree of scrutiny about the wider range of measures on the cost of care.

In respect of the councils most vulnerable residents, the adult social care team had a level of oversight and the ability to intervene both at an informal and exceptions point of view. This was part of the strengths-based practice of the service. It was also confirmed that any complaints would be monitored and reported accordingly through the Dorset Council complaints process.

Cabinet members unanimously supported the recommendations.

Decision

Cabinet agreed that: -

(i)             The Dorset Minimum Income Guarantees (MIG) for financial year 2022/23 should be set at the DH&SC MIG rates, which have been uplifted by 3%.

(ii)            The approach to the review in Dorset, (which began in October 2021) involved first establishing that the MIG rates for 2021-22 were sufficiently robust.

(iii)          Dorset Council should not set a maximum percentage of a person’s disposable income (over and above the guaranteed MIG) which may be considered in charging during 2022-23.

(iv)          Dorset Council should not set a maximum charge for receiving care outside a care home during 2022-23.

(v)           Both formal complaints and informal appeals concerning the MIG should be recorded and reported in a way that gives us ongoing feedback about whether the MIG rates we have set have are sufficient.

(vi)          The Dorset MIG rates should be increased whenever the DH&SC rates increase, with any unplanned mid-year increases being funded by efficiencies within the Adult Social Care directorate. Accepting that there is a financial risk to the Council

(vii)         The approach to setting the Dorset Council Personal Expenses Allowance (PEA), (which applies to residents and temporary residents in residential care) should follow the approach to setting the MIG in future, to offer consistency between care settings.

(viii)       Adult Social Care should recommend considering further increases to the MIG and PEA levels as part  ...  view the full minutes text for item 7.

To consider a report of the Portfolio Holders for Children, Education, Skills and Help & Adult Social Care and Health.

(i)             Cabinet agreed to commence the procurement process, award contracts, and implement the framework as per timetable summarised in 1.4 of the report of 17 May 2022.

(ii)            That the further step of making any framework award be delegated to the Portfolio Holder for Children, Education, Skills and Early Help in consultation with the Executive Director People – Children’s.

Reason for the decision

Cabinet is required to approve all key decisions with financial consequences of £500k or more

The current contractual arrangements will come to an end in March 2023.

To be compliant with procurement legalisation, to ensure best value and quality of training provision

The Portfolio Holder set out the report for approval of a tender of framework contract in respect of learning and development activities for Children’s Services, the Pan-Dorset safeguarding Children Partnership (PDSCP) and Adult and Housing Services.  The current framework would expire in March 2022.

Cllr A Parry proposed the recommendation, and this was seconded by Cllr L Miller.

Decision

(i)             Cabinet agreed to commence the procurement process, award contracts, and implement the framework as per timetable summarised in 1.4 of the report of 17 May 2022.

(ii)            That the further step of making any framework award be delegated to the Portfolio Holder for Children, Education, Skills and Early Help in consultation with the Executive Director People – Children’s.

Reason for the decision

Cabinet is required to approve all key decisions with financial consequences of £500k or more

The current contractual arrangements will come to an end in March 2023.

To be compliant with procurement legalisation, to ensure best value and quality of training provision

To receive a report of the Portfolio Holder for Children, Education, Skills and Early Help.

That the Aspire Adoption Annual Report and Statement of Purpose be received and noted.

Reason for the decision

That Cabinet is satisfied that the Aspire Statement of Purpose accurately describes the activities that the agency discharges on behalf of Dorset Council and the Annual Report satisfies the report that these activities were discharged to a high standard in the last year.

The Portfolio Holder for Children, Education, Skills and Early Help presented the Aspire Adoption Annual Report and Statement of Purpose to Cabinet for noting.  He invited the Executive Director of People (Children) to update members on the Somerset Judgement and how that impacts Dorset Council and its processes going-forward.

Members took the opportunity to thank officers for their work on this report.

It was proposed by Cllr A Parry seconded by Cllr J Haynes.

Decision

That the Aspire Adoption Annual Report and Statement of Purpose be received and noted.

Reason for the decision

Cabinet was satisfied that the Aspire Statement of Purpose accurately described the activities that the agency discharged on behalf of Dorset Council and the Annual Report satisfied the report that these activities were discharged to a high standard in the last year.

To Portfolio Holder for Children, Education, Skills and Early Help to present the recommendation.

The Portfolio Holder for Children, Education, Skills and Early Help presented the Youth Justice Plan for 2022/23 and he thanked the People & Health Overview Committee for their consideration of the report on 3 May 2022.

The Executive Director for People (Children) took the opportunity to highlight the areas from the report where progress had been made and any areas where attention was needed.

It was proposed by Cllr A Parry seconded by Cllr R Bryan.

Recommendation to Full Council

That the Youth Justice Plan 2022/23 be approved.

Reason for the recommendation

Local authorities are required to publish an annual Youth Justice Plan, setting out how the statutory requirements for a multi-agency youth offending team are fulfilled locally. Dorset Combined Youth Justice Service is a partnership between Dorset Council and Bournemouth, Christchurch and Poole Council, along with Dorset Police, NHS Dorset Clinical Commissioning Group and The Probation Service (Dorset). Approval for the Youth Justice Plan is also being sought from Bournemouth, Christchurch and Poole Council.

Cabinet Portfolio Holder(s) and Leader Members to report.

The Cabinet Lead member for Environment, Travel and Harbours updated members on the Low Carbon Dorset programme. For more detail the Cabinet Lead’s report was attached at appendix 2 to these minutes.

The Portfolio Holder for Highways, Travel and Environment advised that Steve Ford, the new Corporate Director for Climate and Ecological was now in post. A progress report was to be presented to scrutiny on 26 May for Spring 2022.

He also reported on the position in respect of

·       Switching fleet vehicles from fossil fuels

·       The funding secured for the farming and protected landscapes programme and

·       Reduction in the use of fossil fuel companies in the Pension Fund.

The Portfolio Holder for Education, Children, Skills and Early Help indicated that he had a small pecuniary interest in an automated group that operated in the South and West of the County.  The Monitoring Officer confirm that this report was not for decision but to note.  However, in the interests of transparency the Portfolio Holder asked that the interest be recorded.

Cabinet Portfolio Holders to report.

There were no referrals to report.

To receive an update from the Portfolio Holder for Highways, Travel and Environment.

There was no additional information to report following the Portfolio Holder’s update at minute 11 above.

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 1972. The reason for the urgency shall be recorded in the minutes.

There were no urgent items considered at the meeting.

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph x of schedule 12 A to the Local Government Act 1972 (as amended).

The public and the press will be asked to leave the meeting whilst the item of business is considered.

There was no exempt business scheduled for the meeting.

There was no exempt business to report.