Agenda, decisions and draft minutes

To confirm the minutes of the meeting held on 9 July 2024.

The minutes of the meeting held on 9 July 2024 were confirmed as a correct record and signed by the Chair.

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.

Cllr S Bartlett declared an interest in respect of min 36 as his wife worked for Initio. He advised Cabinet that he would leave the room whilst the item was discussed, and he would take no part in the decision.

Cllr S Clifford declared an interest in respect of min 41 as he owned a property on the Harbourside, Poole.  He advised that he would leave the room whilst the item was considered and he would take no part in the decision.

Cllr G Taylor declared an interest in respect of min 45 as her husband was in receipt of adult social care.  She indicated that she would leave the room for the item and would take no part in the decision.

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 either 1 question or 1 statement for each meeting.  You are welcome to attend the meeting in person or via MS Teams to read out your question and to receive the response.   If you submit a statement for the committee this will be circulated to all members of the committee in advance of the meeting as a supplement to the agenda and appended to the minutes for the formal record but will not be read out at the meeting. The first 8 questions and the first 8 statements received from members of the public or organisations for each meeting will be accepted on a first come first served basis in accordance with the deadline set out below.  Further information read Public Participation - Dorset Council

All submissions must be emailed in full to Kate.Critchel@dorsetcouncil.gov.uk  by 8.30am on Thursday 5 September 2024.

When submitting your question or statement please note that:

•         You can submit 1 question or 1 statement.

•         a question may include a short pre-amble to set the context.

•         It must be a single question and any sub-divided questions will not be permitted.

•         Each question will consist of no more than 450 words, and you will be given up to 3 minutes to present your question.

•         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.  

There was 1 question and 1 statement from the public.  A copy of the question and the detailed response was set out 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 5 September 2024.

Dorset Council Constitution – Procedure Rule 13 

There were 3 questions from Councillors M Parkes, L O’Leary and C Monks; these along with the responses are set out in Appendix 2 to these minutes.

In response to a supplementary question from Cllr Parkes regarding local councillor engagement, the Leader of the Council confirmed that he valued local engagement, but this time something had gone wrong. He apologised for the error that had occurred on this occasion.

In response to a supplementary question from Cllr O’Leary regarding governance arrangements.  The Leader of the Council confirmed that in accordance with the council’s constitution, Cabinet could not have more than 10 members sitting on it and until devolution discussions had been completed, no further investigations about a change of governance model would take place.

To consider the draft Cabinet Forward Plan.

The draft Cabinet Forward Plan for October was received and noted.

At this juncture Cllr S Bartlett left the meeting for the consideration of the following item.

To consider a report of the Cabinet Member for Place Services.

Decision

(a)      That the contents of the report be noted.

(b)      That, Cabinet notes that the Council already contributed £276,160 towards condition works prior to 31 March 2024 and a further £604,407 had been provided to the Trust as part of the exit arrangements, to be spent by March 2025

(c)       That, Cabinet notes that as the Council had no legal interest in the leisure centre, the future use of the facility was a matter for the Trust to determine.

(d)       That, Cabinet agreed to progress and accelerate the Leisure Strategy to ensure there was a strategic and informed approach to leisure provision which would deliver the Council priorities of building stronger and healthier communities

(e)       Cabinet agreed that, in the event that the trust brings the swimming pool back into operation, to use reasonable endeavours to work with the trust and community groups to identify ways in which the pool can be made available for school and community group usage. 

(f)         Recognising that realistic, affordable solutions were available to facilitate public use of the leisure centre, Cabinet committed to providing reasonable officer support to the trust to assist them in achieving that outcome. 

Reason for the decision

The council was in the process of developing a new leisure strategy that would enable it to consider and adopt a more strategic and informed approach to the way it operated its leisure facilities and services.

The council did not own the Queen Elizabeth Leisure Centre and its leisure spend across the East Dorset area was considerably higher than other areas of Dorset Council. A key aim of the leisure strategy would be to address this issue.

Feedback from local swim groups had highlighted the value of the swimming pool at QELC and the importance of being able to access it. This included Wimborne Wagtails Swimming Club for the Disabled, who for 30 years had provided swimming sessions to a diverse group of disabled swimmers of all ages with physical, learning and hidden disabilities. 

Dorset Council had contributed funds to enable improvements to the swimming pool air handling system, pool plant, pool hall roof and wet side changing areas. The trust had stated that the pool air handling and roof works were being looked at and being worked towards. They already had experience of operating a local school swimming pool with school and community group use and had suggested a similar model for QELC. This could complement the other sports facilities which were currently being made available for school and community club use. Dorset Council would be fully supportive of this proposal. 

The Cabinet Member for Place Services set out the report which was responding to a petition submitted to Full Council on 18 July 2024. As part of his presentation, he reminded members of the circumstances that led to the decision to withdraw from the dual use management agreement at the Queen Elizabeth Leisure Centre on 31 March 2024.

Cllr J Andrews proposed the recommendations as set out in the report and these were seconded by Cllr R Holloway.

The Leader of the Council indicated that he appreciated that the report’s recommendations would be disappointing to those who had signed the petition, and he proposed the following additional recommendations

(e)      Agree that in the event that the trust brings the swimming pool back into operation, to use reasonable endeavours to work with the trust and community groups to identify ways in which the pool can be made available for school and community group usage. 

(f)       Recognising that realistic, affordable solutions are available to facilitate public use of the leisure centre, commit to providing reasonable officer support to the trust to assist them in achieving that outcome. 

This amendment, along with the original recommendation was seconded by Cllr J Andrews. Cabinet supported these additions and non-executive members were given an opportunity to ask questions.

In accordance with the procedure rules, the lead petitioner was also given the opportunity of “a right of reply” and this detailed statement can be found in Appendix 3 to these minutes.

Decision

(a)      That the contents of the report be noted.

(b)      That, Cabinet notes that the Council already contributed £276,160 towards condition works prior to 31 March 2024 and a further £604,407 had been provided to the Trust as part of the exit arrangements, to be spent by March 2025

(c)       That, Cabinet notes that as the Council had no legal interest in the leisure centre, the future use of the facility was a matter for the Trust to determine.

(d)       That, Cabinet agreed to progress and accelerate the Leisure Strategy to ensure there was a strategic and informed approach to leisure provision which would deliver the Council priorities of building stronger and healthier communities

(e)       Cabinet agreed that, in the event that the trust brings the swimming pool back into operation, to use reasonable endeavours to work with the trust and community groups to identify ways in which the pool can be made available for school and community group usage. 

(f)         Recognising that realistic, affordable solutions were available to facilitate public use of the leisure centre, Cabinet committed to providing reasonable officer support to the trust to assist them in achieving that outcome. 

Reason for the decision

The council was in the process of developing a new leisure strategy that would enable it to consider and adopt a more strategic and informed approach to the way it operated its leisure facilities and services.

The council did not own the Queen Elizabeth Leisure Centre, and its leisure spend across the East Dorset area was considerably higher  ...  view the full minutes text for item 36.

Cllr S Bartlett returned to the meeting.

To consider a report of the Cabinet Member for Children’s Services, Education and Skills.

Decision

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

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.

The Cabinet Member for Children’s Services, Education and Skills presented the Aspire Adoption Annual report for approval. The proposal was seconded by Cllr R Biggs.

Decision

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

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 consider a report of the Cabinet Member for Children Services, Education and Skills.

Decision

That the Pan-Dorset Safeguarding Children’s Partnership Annual Report April 2023-24 be approved.

Reason for the decision

Work had already commenced and would continue under the new Dorset Safeguarding Partnership which came into effect on 1 August 2024.

The Cabinet Member for Children’s Services, Education and Skills presented the Pan-Dorset Safeguarding Children’s Partnership (PDSCP) Annual Report for April 2023 – 2024.  Members were reminded that in June 2024, Cabinet had agreed a separation from the PDSCP to create a Dorset Safeguarding Children Partnership, but this report predated that change, and provided reflections of the partnership work during 2023/24.

Mr Vaughan, the Independent Chair of the PDSCP set out an overview of the report and answered questions in relation to the detailed plans for the new Independent Chair and future scrutiny arrangements.   Going forward the Dorset Safeguarding Children’s Partnership would customise strategies and operations to improve safeguarding outcomes within the Dorset area.

It was proposed by Cllr C Sutton and seconded by Cllr S Robinson

Decision

That the Pan-Dorset Safeguarding Children’s Partnership Annual Report April 2023-24 be approved.

Reason for the decision

Work had already commenced and would continue under the new Dorset Safeguarding Partnership which came into effect on 1 August 2024.

To consider a report of the Cabinet Member for Corporate Development and Transformation.

Decision

(a)           That Cabinet supports the adoption and supporting definitions for the 7 local protected characteristics.

(b)           That Cabinet approve the EDI Strategy and Action Plan 2024 – 2027

(c)           That Cabinet approve the supporting detailed EDI Action plan which covered the period 2024 – 2027.

Reasons for the decision

To ensure that Dorset Council’s workplace and services were meeting the need of everyone, we had the responsibility to listen and respond better. As one of the county’s largest employers, we also had responsibility to lead by example.

The Cabinet Member for Corporate Development and Transformation presented the Equality, Diversity and Inclusion (EDI) Strategy and Action Plan for approval. The Equality, Diversity and Inclusion Officer explained that the council had a statutory duty for EDI and the action plan would be used for ensuring services were accessible for all and celebrating the diversity of Dorset.  Members were further advised that the People and Health Overview Committee had considered the EDI Strategy and action plan, and their recommendations were included in the document before members.

It was proposed by Cllr Holloway and seconded by Cllr S Bartlett.

Decision

(a)           That Cabinet supports the adoption and supporting definitions for the 7 local protected characteristics.

(b)           That Cabinet approve the EDI Strategy and Action Plan 2024 – 2027

(c)           That Cabinet approve the supporting detailed EDI Action plan which covered the period 2024 – 2027.

Reasons for the decision

To ensure that Dorset Council’s workplace and services were meeting the need of everyone, the Council had the responsibility to listen and respond better. As one of the county’s largest employers, Dorset Council also had the responsibility to lead by example.

To consider a report of the Cabinet Member for Health and Housing.

In setting out the recommendation to Full Council, the Cabinet Member for Health and Housing advised that the Council had a legal duty to work with partners through Dorset Community Safety Partnership (CSP) to identify and tackle community safety issues.   The CSP were required to produce three-year community safety plans, and these were refreshed annually.

In response to a question regarding the government’s announcement to release some offenders before their sentence had been completed, the Cabinet Member advised, that to free up space in prisons, some offenders would be released early on licence. The number released in Dorset was very low and those individuals would receive support from Housing and Probation Services.

In response to a question regarding fly tipping, the Cabinet Member agreed to take the question away and respond to the councillor direct outside of the meeting. Responding to further questions, the Service Manager for Community Safety confirmed that the strategies did consider current trends.

It was proposed by Cllr G Taylor and seconded by Cllr S Robinson

Recommendation to Full Council

That the Community Safety Plan 2023-2026 (2024-25 refresh), pan-Dorset Reducing Reoffending Strategy 2024-2027 and Serious Violence Strategy 2024-25 be adopted.

Reason for the decision

To ensure Dorset Council meets its duties as set out in relevant legislation.

At this juncture Cllr S Clifford left the meeting for the consideration of the following item.

To consider a report of the Cabinet Member for Planning and Emergency Planning.

Decision

That the Nitrogen Reduction in Poole Harbour Supplementary Planning Document be withdrawn.

Reason for the decision

Since Natural England updated their advice on nutrient neutrality in March 2022, the Nitrogen Reduction in Poole Supplementary Planning Document (SPD) was no longer considered to offer a robust mechanism for delivering nitrogen mitigation in the Poole Harbour catchment. The SPD therefore needed to be formally withdrawn to enable an alternative approach for delivering nitrogen mitigation within the Poole Harbour catchment.

The Cabinet Member for Planning and Emergency Planning presented the report and set out the recommendation to withdraw from the Nitrogen Reduction in Poole Harbour Supplementary Planning Document (SPD).

He advised that since Natural England updated their advice on nutrient neutrality in March 2022, the Nitrogen Reduction in Poole Harbour SPD was no longer considered to offer a robust mechanism for delivering nitrogen mitigation in the Poole Harbour catchment.

Cllr J Andrews seconded the recommendation.

In response to a question relating to Lyscombe Farm, the Executive Lead for Place advised that this information was added to the report as background information around the reasons to withdraw the supplementary planning document.  However, he indicated that he would be happy to discuss the matter further with the councillors concerned outside of the meeting.

Decision

That the Nitrogen Reduction in Poole Harbour Supplementary Planning Document be withdrawn.

Reason for the decision

Since Natural England updated their advice on nutrient neutrality in March 2022, the Nitrogen Reduction in Poole Supplementary Planning Document (SPD) was no longer considered to offer a robust mechanism for delivering nitrogen mitigation in the Poole Harbour catchment. The SPD therefore needed to be formally withdrawn to enable an alternative approach for delivering nitrogen mitigation within the Poole Harbour catchment.

Cllr S Clifford returned to the meeting.

To consider a report of the Cabinet Member for Planning and Emergency Planning.

Decision

That the response to the consultation questions, as set out in Appendix 1 of the report to Cabinet – 10 September 2024, be submitted to Government by the 24 September deadline. The suggested responses included support for many of the proposals, but concern about the effects of the increased housing targets for Dorset.

Reason for the decision

The proposed changes could support the council’s strategic priorities of driving economic prosperity and creating sustainable development and housing, but the significant increase in housing targets was likely to conflict with the aim of protecting the natural environment, climate and ecology, due to the environmental constraints of Dorset.

Introducing new targets so quickly would result in much development taking place as a result of the “presumption in favour of sustainable development” rather than through the more strategic plan-led approach.

The Cabinet Member for Planning and Emergency Planning presented a report along with its recommendations, detailing the ministerial statement that announced a consultation on proposed changes to the planning system, including revisions to the national planning policy framework (NPPF).

The proposed changes aimed to increase house building across the country. Targets would be mandatory rather than advisory and where they could not be met due to constraints, then the potential for neighbouring councils to meet them would be examined.

Members agreed that the proposed changes could support the council's strategic priorities to drive economic prosperity and create sustainable development and housing. However, the significant increase in housing targets was likely to conflict with the aim of protecting the natural environment, due to the environmental constraints of Dorset. There were also concerns that introducing the new targets so quickly would result in much development taking place because of the “presumption in favour of sustainable development” rather than through the more strategic plan-led approach.

Members were asked to support the proposed response to the consultation.  The recommendation was seconded by Cllr R Holloway.

Whilst the report acknowledged concerns around these proposed changes, a few non-executive members questioned if the council’s response was sufficiently robust, especially considering the proposed doubling of housing targets in the Dorset area. 

In reply, the Executive Lead for Place confirmed that the response made it clear that the targets were not realistic, partly because of the environmental constraints, but also because it was unlikely that the market would build at that level.

However, the council would need to explore all options as part of developing the local plan, but acknowledging that the scale of these targets was unrealistic and likely to be unachievable. It was further advised that this was the formal council response, but local councillors could also make their concerns known as part of the consultation process.

Further concerns were raised about the planning system, particularly regarding developers fulfilling their obligations once planning permission was granted. In response, the Executive Lead for Place stated that comments not directly related to the consultation questions could be included in a covering letter as part of the consultation response.

Decision

That the response to the consultation questions, as set out in Appendix 1 of the report to Cabinet – 10 September 2024, be submitted to Government by the 24 September deadline. The suggested responses included support for many of the proposals, but concern about the effects of the increased housing targets for Dorset.

Reason for the decision

The proposed changes could support the council’s strategic priorities of driving economic prosperity and creating sustainable development and housing, but the significant increase in housing targets was likely to conflict with the aim of protecting the natural environment, climate and ecology, due to the environmental constraints of Dorset.

Introducing new targets so quickly would result in much development taking place as a result of the “presumption in favour of sustainable development” rather than through the more strategic plan-led approach.

To consider a report of the Cabinet Member for Finance & Capital Strategy.

Decision

(i)         That the SLT forecast of the full year’s outturn for the Council, made at the end of July 2024 including progress of the transformational and efficiency savings incorporated into the budget, be noted.

(ii)        That the capital programme be noted.

Reason for the decision

The Council provided a mix of statutory and discretionary services to communities across Dorset and was legally required to set a balanced budget every year, and so must deliver services within the resources made available.

The Cabinet Member for Finance and Capital Strategy presented the council’s forecast financial performance for the full 2024/25 financial year. The forecasts were based on data as of 31 July 2024.

The Cabinet Member highlighted that the council’s finances were under extreme pressure and the report outlined the pressures within the revenue budget which, in the absence of mitigation would be required to be funded from reserves.  It was noted that reserves had reduced from 2023/24 to 2024/25 and would reduce further if required to meet the revenue overspend.

In response to a question regarding transformation, the Cabinet Member for Corporate Development and Transformation advised that PwC (an advisory partner) were putting together a robust plan to improve efficiencies whilst continuing to deliver the best customer experience. He was awaiting the results of that work. The Executive Director for Corporate Development advised that a further report on transformation would be presented to a future meeting of Cabinet. 

In response to a question, the Cabinet Member for Finance and Capital Strategy indicated that achieving the 8.6 million in transformation savings for the 2025/26 budget was unlikely. It was possible that a portion of these savings may be funded but it was highly likely that the remainder would need to be covered by reserves.

The recommendation was proposed by Cllr S Clifford and seconded by Cllr N Ireland.

Decision

(i)         That the SLT forecast of the full year’s outturn for the Council, made at the end of July 2024 including progress of the transformational and efficiency savings incorporated into the budget, be noted.

(ii)        That the capital programme be noted.

Reason for the decision

The Council provided a mix of statutory and discretionary services to communities across Dorset and was legally required to set a balanced budget every year, and so must deliver services within the resources made available.

To consider a report of the Cabinet Member for Finance & Capital Strategy.

Decision

(i)         Cabinet agreed, to begin each procurement processes listed in Appendix 1 to this report, and

(ii)        That in each instance the further step of making a contract award be delegation to the relevant Cabinet Member, in consultation with the relevant Executive Director.

(iii)       Cabinet agreed, to publish the proposed Modern Slavery Transparency Statement for 2023-2024.

Reason for the decision

Cabinet was required to approve all key decisions with financial consequences of £500k or more.  It was good governance to provide Cabinet with a summary of all proposed procurements prior to them formally commencing. It was a requirement for the Council to publish a Modern Slavery Transparency Statement on an annual basis.

The Cabinet Member for Finance and Capital Strategy set out the report and proposed the recommendation. The recommendation was seconded by Cllr N Ireland.

Decision

(i)         Cabinet agreed, to begin each procurement processes listed in Appendix 1 to this report, and

(ii)        That in each instance the further step of making a contract award be delegation to the relevant Cabinet Member, in consultation with the relevant Executive Director.

(iii)       Cabinet agreed, to publish the proposed Modern Slavery Transparency Statement for 2023-2024.

Reason for the decision

Cabinet was required to approve all key decisions with financial consequences of £500k or more.  It was good governance to provide Cabinet with a summary of all proposed procurements prior to them formally commencing. It was a requirement for the Council to publish a Modern Slavery Transparency Statement on an annual basis.

Cllr G Taylor left the meeting.

To consider a report of the Cabinet Member for Adult Social Care.

Exempt appendix 3 – it set out at item 19.

Decision

(i)         That the recommendation from People and Health Overview Committee of 23 July 2024, for the proposed model for the future commissioning and reshaping of day opportunities provision in Dorset, be agreed.

(ii)        That the model described and the approach to implementation and consultation, be adopted.

Reason for the decision

Day services were a vitally important part of the Dorset support offer for several hundred local residents, providing meaningful activities during the day for those who need support. Our research had shown that people were increasingly wanting flexibility, variety and social connection, which points to a need to modernise the offer around day opportunities. Our commissioning strategies had previously committed the council to this direction of travel, and the additional insight gained from consultation in 2023 had now confirmed and firmed up the next steps.

The Cabinet Member for Adult Social Care presented the report setting out proposals for reshaping the provision of day opportunities for people in Dorset, in line with the ambitions set out in the “Commissioning for A Better Life for Adults in Dorset”, the Council’s adult social care commissioning strategy. 

The report set out a new model for commissioning these services, and a way forward for implementing the model, including working with Care Dorset and other independent sector providers.

The report also had been considered in detail by People & Health Overview Committee in July 2024, they supported the proposals and recommended that the model be adopted.

It was proposed by Cllr S Robinson seconded by Cllr S Clifford that the recommendations set out in the report be approved and in the absence of any disagreement the recommendations were approved.

Cabinet received a request to ask a question regarding the exempt appendix. Members voted to proceed with the exempt business (see min 47-48) to address these questions.

Decision

(i)         That the recommendation from People and Health Overview Committee of 23 July 2024, for the proposed model for the future commissioning and reshaping of day opportunities provision in Dorset, be agreed.

(ii)        That the model described and the approach to implementation and consultation, be adopted.

Reason for the decision

Day services were a vitally important part of the Dorset support offer for several hundred local residents, providing meaningful activities during the day for those who need support. Our research had shown that people were increasingly wanting flexibility, variety and social connection, which points to a need to modernise the offer around day opportunities. Our commissioning strategies had previously committed the council to this direction of travel, and the additional insight gained from consultation in 2023 had now confirmed and firmed up the next steps.

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.

Recommendation  

That in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in item(s) No 19 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph(s) 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.  

The public and the press will be asked to leave the meeting whilst the item of business is considered. (Any live streaming will end at this juncture).  

Reason for taking the item in private

Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information).  

It was proposed by Cllr J Andrews and seconded by Cllr R Biggs

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 3 of schedule 12 A to the Local Government Act 1972 (as amended).

Reason for taking the item in private

Paragraph 3 - Information relating to the financial or business affairs of any particular person (including the authority holding that information).  

The live streaming was concluded at this juncture.

Exempt Appendix 3 associated with item 16 above “Towards a new model of day opportunities”

Cabinet considered and addressed questions in relation to the exempt appendix.  See minute 45 for the decision on the “Towards a new model of day opportunities in Dorset”.