Agenda, decisions and minutes

To confirm the minutes of the last meeting held on 21 June 2022.

The minutes of the meeting held on 21 June 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 21 July 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 

The Chairman advised that there had been 1 public question from the Head teacher at The Swanage School.  Unfortunately, the Head teacher was unable to attend but the Portfolio Holder confirmed that a written response would be sent to the school and a copy would be attached in Appendix 1 to these minutes.

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 21 July 2022. 

Dorset Council Constitution – Procedure Rule 13 

There were 2 questions received from Councillor B Heatley; these along with the responses are set out in Appendix 2 to these minutes.

In response to a supplementary question, the Executive Director for Corporate Development advised that the agreement with the Department of Education (DfE) on the safety valve, had a target overspend for this financial year of 10.4 million pounds and it was expected that this would be exceeded.

The DfE monitors the agreement on a quarterly bases and releases the funds accordingly. However, several Councils, including Dorset were reporting their concerns, due to inflation pressures and that the number of children with special educational needs was increasing. This was an ongoing conversation with the DfE to continue the negotiations in these areas.

To consider the Cabinet Forward Plan.

The draft Cabinet Forward Plan for September was received and noted. The Chairman advised that the SEND Capital Strategy Implementation Plan would be coming forward to the next Cabinet meeting in September.

To receive a report of the Portfolio Holder for Finance, Commercial and Capital Strategy.

(a)  That the Senior Leadership Team’s forecast of the full year’s outturn for the Council, made at the end of Quarter 1, including progress of the transformational and tactical savings incorporated into the budget, be noted.

(b)  That the capital programme for 2022/23 including the slippage from previous years, and the work taking place to review this before the capital strategy for 2023/24 is developed, be noted.

(c)  That the opening position for the Medium-Term Financial Plan (MTFP) refresh and the budget timetable headlines be noted.

(d)  That the budget movements (virements) set out in the report to Cabinet of 26 July 2022, be agreed.

Reason for the decision

The Council has responsibilities to deliver within its corporate plan and it must do this within the resources made available through the revenue and capital budgets for 2022/23. The report summarised the Council’s forecast financial performance for the year at the end of the first quarter.

The Portfolio Holder for Finance, Capital and Commercial Strategy set out the report with the information about the Council’s projected financial performance for the full 2022/2023 financial year, as at the end of quarter 1. As part of his presentation the Portfolio Holder proposed the recommendations as set out in the report.  Cllr R Bryan seconded the motion.

In response to questions regarding re-budgeting and the potential need to address the deficit issue mid-budget, the Portfolio Holder confirmed that if this were required, these discussions and decisions would need to take place after quarter 2.

In respect of the Environment and Wellbeing budgets that have a forecast adverse variance of almost £700k, the Executive Director for Corporate Development confirmed that even with moving budgets around, the financial pressure would remain in these areas.

The Executive Director for Corporate Development also responded to questions regarding the financial arrangements of the Dorset Centre of Excellence (DCOE), its Business Plan and working capital loan.

Decision

(a)  That the Senior Leadership Team’s forecast of the full year’s outturn for the Council, made at the end of Quarter 1, including progress of the transformational and tactical savings incorporated into the budget, be noted.

(b)  That the capital programme for 2022/23 including the slippage from previous years, and the work taking place to review this before the capital strategy for 2023/24 is developed, be noted.

(c)  That the opening position for the Medium-Term Financial Plan (MTFP) refresh and the budget timetable headlines be noted.

(d)  That the budget movements (virements) set out in the report to Cabinet of 26 July 2022, be agreed.

Reason for the decision

The Council has responsibilities to deliver within its corporate plan and it must do this within the resources made available through the revenue and capital budgets for 2022/23. The report summarised the Council’s forecast financial performance for the year at the end of the first quarter.

To consider a report of the Portfolio Holder for Corporate Development and Transformation.

The Portfolio Holder for Corporate Development and Transformation presented the refreshed Council Plan for 2022 – 2024 and proposed the report’s recommendations. Members were advised that the draft plan had been considered and supported by both the council’s Overview Committee’s.

The Portfolio Holder further advised that the delivery plan was still a work in progress and Key Performance Indicators were also being reviewed to ensure they were outcome focused. Cllr L Beddow seconded the motion.

Recommendation to Full Council

That the refreshed Council Plan 2022 – 2024 and the new strategic delivery plan be approved.

Reason for the Recommendation:    

The review and refresh of the Dorset Council Plan should be approved by all Dorset Councillors at a full council meeting.

To consider a report of the Leader of the Council.

(a)  That an Executive Committee be established, to be known as ‘The Shareholder Committee for Care Dorset Holdings Limited’.

(b)  That 5 members of the Executive be appointed to the Shareholder Committee.

(c)  That the Terms of Reference for the Shareholder Committee be approved.

(d)  That delegated authority be given to the Shareholder Committee within the scope of its terms of reference, including strategic oversight and Reserved Matter decisions. 

Reason for the decision

To establish formal governance arrangements for the performance of the Council’s shareholder function for Care Dorset Holdings Limited.

The Leader of the Council presented the report and proposed the recommendations, these were seconded by Cllr P Wharf.

 In response to a question regarding the membership of the committee, the Portfolio Holder for Adult Social Care and Health indicated that as the Council was the shareholder of the Company and Shareholding was an Executive function of the Council, it was necessary to set up the committee as an executive committee in accordance with the procedure rules. However, he further advised that as the Chairman of Overview Committee, Cllr Parkes had been asked to monitor progress of the company and involve other members who may be interested.

Decision

(a)           That an Executive Committee be established, to be known as ‘The         Shareholder Committee for Care Dorset Holdings Limited’.

(b)           That 5 members of the Executive be appointed to the Shareholder             Committee.

(c)           That the Terms of Reference for the Shareholder Committee be                    approved.

(d)           That delegated authority be given to the Shareholder Committee within     the scope of its terms of reference, including strategic oversight and             Reserved Matter decisions. 

Reason for the decision

To establish formal governance arrangements for the performance of the Council’s shareholder function for Care Dorset Holdings Limited.

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

(a)  That the eight recommendations of the Local Government and Social Care Ombudsman, as set out below in Section 3.1 of the report to Cabinet of 26 July 2022, be accepted.

(b)  Adopt as actions to be taken by the Council the further recommendations made by the Ombudsman, as set out and commented upon in Section 3.3 of the report.

(c)  The action taken since receipt of the Ombudsman’s report be noted, and agree that the Children’s Services Strengthening Services Board (Chaired by the Chief Executive) should:

(i)       Oversee implementation of the actions referred to in the second recommendation; and,

(ii)      Review the Ombudsman’s focus report “Out of school, out of sight” and implement any necessary learning from that report.

(d)  That People and Health Scrutiny Committee be invited to:

(i)     add the Council’s ongoing performance in addressing the

Ombudsman’s criticisms and concerns to the Committee’s forward work programme, and

(ii)    commission the South West Audit Partnership to undertake focused work to provide assurance that the actions being taken in response to the Ombudsman’s report are embedded in procedure and in practice.

(e)  Send the minutes of this meeting to all Councillors as the Cabinet’s response to the Monitoring Officer’s report.

Reason for the decision

The purpose of a section 5A Monitoring Officer report was to ensure that the findings of the Ombudsman were brought to the attention of Cabinet and acted upon. There were also legal requirements that the report be sent to all other Dorset Council councillors and that notices of the Ombudsman’s findings be published in a local newspaper.

These transparency requirements reflect the seriousness of a formal finding of maladministration and injustice and are to ensure that the Cabinet and the

Council as whole is satisfied that an appropriate action plan is put in place so that:

·       Wider systemic issues identified by the Ombudsman are addressed and

·       There is no repetition of the failings identified by the Ombudsman.

The Portfolio Holder for Children, Education, Skills, and Early Help presented a formal report by the Monitoring Officer that was issued under Section 5A of the Local Government and Social Care Ombudsman that Dorset Council was at fault by not adequately meeting a child’s educational and special educational needs from 202o until it identified and place that child at a special needs school the following year (2021).  It was also found that there had been issues in relation to maintaining good communication and dealing properly with complaints that had been made.

Those failings had been found by the Ombudsman to amount to fault which caused injustice and therefore the Ombudsman had made recommendations for the Council to specifically address the injustice suffered by the child and their family, and to ensure that similar faults did not occur in the future.

The Portfolio Holder proposed the recommendations as set out in the report.  The motion was seconded by Cllr T Ferrari and unanimously agreed.

Decision

(a)  That the eight recommendations of the Local Government and Social Care Ombudsman, as set out below in Section 3.1 of the report to Cabinet of 26 July 2022, be accepted.

(b)  Adopt as actions to be taken by the Council the further recommendations made by the Ombudsman, as set out and commented upon in Section 3.3 of the report.

(c)  The action taken since receipt of the Ombudsman’s report be noted, and agree that the Children’s Services Strengthening Services Board (Chaired by the Chief Executive) should:

(i)       Oversee implementation of the actions referred to in the second recommendation; and,

(ii)      Review the Ombudsman’s focus report “Out of school, out of sight” and implement any necessary learning from that report.

(d)  That People and Health Scrutiny Committee be invited to:

(i)     add the Council’s ongoing performance in addressing the

Ombudsman’s criticisms and concerns to the Committee’s forward work programme, and

(ii)    commission the South West Audit Partnership to undertake focused work to provide assurance that the actions being taken in response to the Ombudsman’s report are embedded in procedure and in practice.

(e)  Send the minutes of this meeting to all Councillors as the Cabinet’s response to the Monitoring Officer’s report.

Reason for the decision

The purpose of a section 5A Monitoring Officer report was to ensure that the findings of the Ombudsman were brought to the attention of Cabinet and acted upon. There were also legal requirements that the report be sent to all other Dorset Council councillors and that notices of the Ombudsman’s findings be published in a local newspaper.

These transparency requirements reflect the seriousness of a formal finding of maladministration and injustice and are to ensure that the Cabinet and the

Council as whole is satisfied that an appropriate action plan is put in place so that:

·       Wider systemic issues identified by the Ombudsman are addressed and

·       There is no repetition of the failings identified by the Ombudsman.

To consider a report of the Corporate Development and Transformation.

Decision

That the Modern Slavery Transparency Statement for the financial year 2021-22 be published.

Reason for the decision

A forthcoming legislative change to the Modern Slavery Act, section 54, will result in a mandatory requirement for any local authority with a budget of £36m, and above, to publish a Modern Slavery Transparency Statement on an annual basis.

The Portfolio Holder for Corporate Development and Transformation presented the Modern Slavery Transparency Statement. This had also been considered by Place and Resources Overview Committee on 7 June 2022.

In proposing the Statement, the Portfolio Holder confirmed that once approved it would be published and there after a Modern Slavery Transparency Statement would be published on an annual basis. The motion was seconded by Cllr D Walsh.

Decision

That the Modern Slavery Transparency Statement for the financial year 2021-22 be published.

Reason for the decision

A forthcoming legislative change to the Modern Slavery Act, section 54, will result in a mandatory requirement for any local authority with a budget of £36m, and above, to publish a Modern Slavery Transparency Statement on an annual basis.

To consider a report of the Portfolio Holders for Children, Education, Skills and Early Help and Transport, Travel and Environment.

(a)  The Home to School Transport Assistance Eligibility Policy for Children and Young People attending School 2022-2023 be approved and adopted, which includes a rise in the surplus seat price from £800 to £825.

(b)  The Dorset Post 16 Transport Support Policy for 2022-2023 which includes a rise in the surplus seat price from £800 to £825 be approved and adopted.

(c)  A schedule of increase of the Surplus Seat Cost in line with the prevailing Retail Price Index is implemented each year without the need to reconsult.

(d)  The Home to School Transport Assistance Eligibility Policy for Children and Young People attending School and Post 16 Transport Support Policy are re-consulted on only either when there is a significant change to the eligibility criteria; or where there are changes to the statutory guidance that would require significant change to either policy; or in October 2026 for the 2027-2028 policy – whichever is the earliest.

(e)  The Home to School and Post 16 Transport Policies be rewritten in plain English.

Reason for the decision

Dorset Council has a duty to provide Home to School Transport services to eligible pupils and to assist in supporting pupils attending Post 16 provision.

The Portfolio Holder for Children, Education, Skills, and Early Help presented the report and the recommendation from the People & Health Overview Committee of 28 June 2022. The motion was seconded by Cllr R Bryan.

Decision

(a)  The Home to School Transport Assistance Eligibility Policy for Children and Young People attending School 2022-2023 be approved and adopted, which includes a rise in the surplus seat price from £800 to £825.

(b)  The Dorset Post 16 Transport Support Policy for 2022-2023 which includes a rise in the surplus seat price from £800 to £825 be approved and adopted.

(c)  A schedule of increase of the Surplus Seat Cost in line with the prevailing Retail Price Index is implemented each year without the need to reconsult.

(d)  The Home to School Transport Assistance Eligibility Policy for Children and Young People attending School and Post 16 Transport Support Policy are re-consulted on only either when there is a significant change to the eligibility criteria; or where there are changes to the statutory guidance that would require significant change to either policy; or in October 2026 for the 2027-2028 policy – whichever is the earliest.

(e)  The Home to School and Post 16 Transport Policies be rewritten in plain English.

Reason for the decision

Dorset Council has a duty to provide Home to School Transport services to eligible pupils and to assist in supporting pupils attending Post 16 provision.

To receive a verbal update from the Portfolio Holder for Planning.

The Portfolio Holder for Planning gave a progress report on the preparations for a new local plan for Dorset. A copy of the detailed report is set out in Appendix 3 of the minutes.

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

The Portfolio Holder for Culture, Communities and Customer Services presented the report on her portfolio area including: -

·       Work with cultural partners, including the Arts Development Company

·       B-side festival

·       Weymouth’s Sculpture Trail and Pop-up Museum

·       Welcomed the embedding of Culture in the refreshed Council Plan

·       Waste and recycling services

·       Attended Scout, Rainbow, and Brownie groups to discuss recycling

·       Attended Annual Community – Managed Libraries meeting.

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 4 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.

It was proposed by Cllr G Carr-Jones and agreed

Decision

That the press and the public be excluded for the following item in view of the likely disclosure of exempt information within the meaning of paragraph 4 of schedule 12 A to the Local Government Act 1972 (as amended).

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

That the detailed recommendations set out within the exempt report, and as amended by Cabinet of 26 July 2022, be approved.

Reason for the decision

To approve a delivery approach for this project.

The Portfolio Holder for Adult Social Care and Health presented the confidential report and proposed the recommendations, Cllr T Ferrari seconded the motion.

Decision

That the detailed recommendations set out within the exempt report, and as amended by Cabinet of 26 July 2022, be approved.

Reason for the decision

To approve a delivery approach for this project.