Agenda, decisions and minutes

Cabinet - Tuesday 11th October 2022 6.00 pm

Venue: The Forum, Towcester, NN12 6AF

Contact: Sofia Neal-Gonzalez, Democratic Services 

Note: Please use the following link to view the meeting from 6pm: https://www.youtube.com/channel/UCDyc2cNcl19OvcGOCuZDTBQ 

Items
No. Item

74.

Apologies for Absence and Notification of Substitute Members

Minutes:

Councillor Mike Hallam.  Apologies were also received from Anna Earnshaw, Chief Executive.

75.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest which they may have in any of the items under consideration at this meeting.

Minutes:

None

76.

Minutes pdf icon PDF 117 KB

To confirm the minutes of the meeting of Cabinet held on 13 September 2022.

Minutes:

The minutes from the Cabinet meeting on the 13th September 2022 were approved and signed as a true and accurate record.

77.

Chair's Announcements

To receive communications from the Chair.

Minutes:

None

78.

Amendments to the Articles of Association

None received for this meeting.

Minutes:

None

79.

Amendments to the Articles of Association pdf icon PDF 104 KB

Additional documents:

Decision:

RESOLVED: That Cabinet;

 

a)    Noted that from the 1st April 2021 the Council became a social housing provider for the entire West Northants area and the AoA were being amended to reflect this.

b)    Noted changes to the AoA which NPH will consider to enable them to operate within the wider West Northants area.

c)    Delegated to the Director of Communities and Opportunities the preparation of a new Management Agreement with NPH to incorporate the arrangements for NPH to operate in the wider area to be agreed at a future Cabinet meeting.

 

REASONS RESOLVED:

 

1.    To ensure that the necessary steps are taken to enable the Council to carry out the role of social housing provider across the whole of the Council area.

2.    To strengthen and modernise the governance framework with NPH through amendments to the AoA and management agreement.

 

ALTERNATIVE OPTIONS:

 

Failure to maintain the AoA would mean the opportunity to strengthen and modernise the governance framework would be lost.

Minutes:

At the Chair’s invitation councillors made the following comments:

 

·        The report was welcomed and thanks were expressed to NPH and WNC for their work and commitment to investment in social housing.

·        The role of tenants on the NPH Board was welcomed.

·        Would the services of NPH be rolled out to the rest of West Northamptonshire?

·        Was the name change indicative of a wider remit than West Northamptonshire?

Councillor Adam Brown presented the report and advised that the name change reflected the legal status since vesting day.  Although the area covered was West Northamptonshire, the new name retained the identity of NPH.  There were options for expanding beyond Northampton but WNC was also committed to working with its other partners.

 

 

RESOLVED: that Cabinet;

a)     Noted that from the 1st April 2021 the Council became a social housing provider for the entire West Northants area and the AoA were being amended to reflect this.

b)     Noted changes to the AoA which NPH will consider to enable them to operate within the wider West Northants area.

c)     Delegated to the Director of Communities and Opportunities the preparation of a new Management Agreement with NPH to incorporate the arrangements for NPH to operate in the wider area to be agreed at a future Cabinet meeting.

 

80.

Proposal to extend the age-range at Parklands Maintained Nursery School from 2-3 to 2-4 years of age via the incorporation of Parklands Playgroup pdf icon PDF 252 KB

Decision:

RESOLVED:  That Cabinet;

a)    Approved the proposal to lower the admission age range at Parklands MNS from 3 years to 2 years to enable the Nursery School to offer provision to 2- year-old children from 31 October 2022.

 

REASONS RESOLVED:

1)    To ensure compliance with the statutory process for changing the age range by 1 year.

2)    To ensure the council is able to provide a sufficient number of places for 2-year-olds within the Parklands community in future years.

3)    To enable Children to benefit from high quality teaching and learning experiences at a younger age led by a deputy head with Qualified Teacher Status (QTS).

4)    To provide improved transition arrangements for children from 2-year-old provision to 3–4- year-old provision with all children fully integrated into the nursery.

 

ALTERNATIVE OPTIONS:

Do nothing – this would lead to a decrease of places for 2-year-olds within the community due to the closure of Parklands Pre-school

 

Creation of 8 FTE places at Parklands MNS would ensure sufficiency of places for 2-year-olds in high quality provision led by the Deputy with QTS.

Minutes:

Councillor Fiona Baker presented the report proposing to increase the age range of Parklands Nursery School from 31 October 2022 due to the imminent closure of Parklands Playgroup.  No responses had been received from the WNC consultation but 22 received from Parklands’ own consultation had been in favour of the change.

 

RESOLVED:  that Cabinet;

a)     Approved the proposal to lower the admission age range at Parklands MNS from 3 years to 2 years to enable the Nursery School to offer provision to 2- year-old children from 31 October 2022.

 

81.

Local Government and Social Care Ombudsman Annual Review 2021/22 pdf icon PDF 186 KB

Additional documents:

Decision:

RESOLVED: That Cabinet;

a)    Noted the proposed improvements to the process for administering and responding to Ombudsman enquiries in paragraph 2.7.

b)    Noted the proposed practice improvements set out at paragraph 2.8. 4.

 

REASONS RESOLVED:

1)    The recommendations are focussed on encouraging local resolution at an earlier stage in the complaints process and to empower managers to resolve complaints at a local level and increase the satisfaction rate of cases remedied before they reach the LGSCO.

 

ALTERNATIVE OPTIONS CONSIDERED:

 

The report is for information.

Minutes:

At the Chair’s invitation councillors made the following comments:

 

·        A large number of complaints related to adult and children’s services.

·        The Education, Health and Care Plan process was lengthy – could this be shortened?

·        It was concerning that over half of complaints had not been resolved.

·        The report did not address capacity.

·        Scrutiny was important – could this be added as a recommendation?

·        There should be more transparency in tracking of complaints at the early stages – could this be a KPI?

·        It was important to monitor staff and ensure they were supported.

Councillor Jonathan Nunn presented the report and noted that 13% of cases were remedied before reaching the ombudsman.  Scrutiny involvement would be welcomed and KPIs could be considered.  Regular reporting was needed now that a first year benchmark had been established.

 

RESOLVED: that Cabinet;

a)     Noted the proposed improvements to the process for administering and responding to Ombudsman enquiries in paragraph 2.7.

b)     Noted the proposed practice improvements set out at paragraph 2.8. 4.

 

 

82.

Household Support Fund 3 Proposal: Distribution of Funds and Recipients for HSF3 pdf icon PDF 164 KB

Additional documents:

Decision:

RESOLVED: That Cabinet;

a)    Noted that the Household Support Fund (3) investment was to be managed locally.

b)    Approved the Recommended Scope and Diversity of Distribution as set out in section 4 of the report.

c)    Approved the control and oversight approach to be undertaken through a central operational team.

d)    Authorised any funds that had not been assigned or committed to by 31st January 2023 according to the distribution methodology set out in section 4, to be redistributed in line with the wider Department for Work and Pensions Guidelines (attached to the report as Appendix A).

e)    Agreed that Table 1 at paragraph 5.6 of the report be amended to clarify that the amount available per foodbank is “up to £20k per food bank as assessed on a case0by-case basis”

 

REASONS RESOLVED:

1)    To ensure that the Household Support Fund (3) is directed to funding a lower income sector of the working community, and families with children.

2)    To enable the distribution of funds to meet the wider communities’ financial needs, where other grants and funding are not available.

3)    To ensure that the application process is managed in-house to provide additional security and confidentiality of data.

4)    To minimise the duplication of grants for the same purpose.

5)    To provide financial support to underpin the West Northamptonshire Anti-Poverty Strategy and ensure residents most in need receive that support.

6)    To build on the successful Household Support Fund (2) partnership with the VCSE in distributing funds via the downstream voluntary organisations to residents that may not otherwise be identified through the benefits system.

 

ALTERNATIVE OPTIONS:

 

There were three considerations that have been considered by officers:

 

Wider Distribution Option – this option created a wide range of recipients for delivery over the six months of the scheme. It included families with children, households on low income, pensioners, community hubs and donations to food banks. It was felt that this option was too complex and may confuse residents where applications were required. It was discounted due to feasibility concerns.

 

Simple Segmentation – this option consolidated many of the recipient types which simplified and enhanced the understanding of the delivery scope. However, it was felt that a greater proportion of the funds should be provided to families with children and households who are receiving a very low income despite a working household member. It was discounted due to a desire to recalibrate the distribution of the funds.

 

Lower Income Segment – was the preferred option and represents the recommendation within this report. This option rebalanced the funding for families with children and the lower income segment but also allowed funds to be allocated to the community through food banks, community engagement activities, voluntary organisations and support for households with winter emergencies

Minutes:

At the Chair’s invitation councillors made the following comments:

 

·        It was disappointing that due to timing the Anti-Poverty Oversight Group were not able to see the report beforehand.

·        What were the staffing costs – and was this existing staff, redeployment or recruitment?

·        A long term funding review was needed, together with campaigning the government for an uplift.

·        Money in the Hardship Fund and that set aside for Covid needed to be used.  It was difficult to get a list of which Councillors had not used funds.

·        The work of the debt advice team needed to be expanded beyond South Northants.

·        Concern was expressed that the time and effort required for voluntary organisations to distribute funds detracted from their main role.

Councillor Matt Golby presented the report and advised £2.6m would be distributed between 1 October 2022 and 31 March 2023 focussed on residents in work and on a low wage.  He expressed thanks to voluntary groups for their support.  There were three issues to be dealt with – poverty now, prevention of poverty and influencing government.  The spending would be reviewed at 31 January 2023.

 

It was advised that the administration costs of the scheme were below the threshold at £130k.  There would be a temporary team with additional staff to backfill.

Councillor David Smith advised that the Covid Support Fund ran until the end of the financial year and there would be assistance for councillors who had not yet spent the money.

 

RESOLVED: that Cabinet;

a)     Noted that the Household Support Fund (3) investment was to be managed locally.

b)     Approved the Recommended Scope and Diversity of Distribution as set out in section 4 of the report.

c)     Approved the control and oversight approach to be undertaken through a central operational team.

d)     Authorised any funds that had not been assigned or committed to by 31st January 2023 according to the distribution methodology set out in section 4, to be redistributed in line with the wider Department for Work and Pensions Guidelines (attached to the report as Appendix A).

e)     Agreed that Table 1 at paragraph 5.6 of the report be amended to clarify that the amount available per foodbank is “up to £20k per food bank as assessed on a case-by-case basis”

 

83.

New Public Spaces Protection Order (PSPO) for the former Daventry District and former South Northants administrative areas of West Northamptonshire Council pdf icon PDF 201 KB

Additional documents:

Decision:

RESOLVED:

 

that Cabinet:

a) Approved the introduction of a new Public Spaces Protection Order (PSPO) across the former Daventry and South Northants District administrative areas of WNC with all nine proposed measures set out at paragraph 2.4 above to be included, to remain in force for a period of three years until September 2025.

b) Resolved that the Draft PSPO at Appendix A shall be made by the Council as a result.

c) Delegate the power to formally make the PSPO and to comply with the remaining statutory requirements to bring it into force (as set out in the legal implications at paragraph 7.2 below) to the Executive Director for Place and Economy.

d) Agree to the gathering of further evidence take place between October and December 2022 and consultation to commence in January 2023 to determine if additional measures may be required regarding dog fouling on sports pitches. The consultation to be agreed with the Portfolio Holder prior to start.

 

REASONS RESOLVED:

 

Section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 provides local authorities with powers to create a Public Spaces Protection Order (PSPO) where they are satisfied that activities carried out in a public place:

      Have had, or likely to have, a detrimental effect on the quality of life of those in the locality.

      Is, or is likely to be persistent or continuing in nature.

      Is, or is likely to be unreasonable.

      Justify the restrictions to be imposed.

Not having a PSPO currently in place makes it more difficult for the Council and Police Officers to control dog-related nuisance across the area or to enforce the prohibition of smoking in specific open spaces.

 

ALTERNATIVE OPTIONS CONSIDERED:

 

Not having a PSPO currently in place makes it more difficult for the Council and Police Officers to control dog-related nuisance across the area or to enforce the prohibition of smoking in specific open spaces.

 

 

All nine proposals have been strongly supported in the public consultation, as shown by the material included within Appendix B.

Minutes:

At the Chair’s invitation councillors made the following comments:

 

·        The enforcement issue had not been addressed in the report.

·        Balance was needed – it was important not to stigmatise dog owners.

Councillor David Smith presented the report and noted that the consultation had received a large number of responses.  Targeted enforcement and education could be carried out.  There would be further consultation around dog fouling on marked sports pitches.  Councillor Adam Brown advised that he had lobbied extensively for this.

 

RESOLVED: that Cabinet;

a)     Approved the introduction of a new Public Spaces Protection Order (PSPO) across the former Daventry and South Northants District administrative areas of WNC with all nine proposed measures set out at paragraph 2.4 above to be included, to remain in force for a period of three years until September 2025.

b)     Resolved that the Draft PSPO at Appendix A shall be made by the Council as a result.

c)     Delegate the power to formally make the PSPO and to comply with the remaining statutory requirements to bring it into force (as set out in the legal implications at paragraph 7.2 below) to the Executive Director for Place and Economy.

d)     Agree to the gathering of further evidence take place between October and December 2022 and consultation to commence in January 2023 to determine if additional measures may be required regarding dog fouling on sports pitches. The consultation to be agreed with the Portfolio Holder prior to start.

 

84.

Procurement of Elections Stationery and Printing Services pdf icon PDF 131 KB

To delegate authority to Director of Legal and Democratic to award a print supplier with contract for printing of election stationery.

Decision:

RESOLVED:

 

that the Cabinet;

a)    Agreed that the Council proceeds with the procurement of a maximum five-year year contract for the supply of elections stationery and printing services; and

b)    Delegated to the Director for Legal and Democratic Services authority to conduct the procurement in accordance with paragraph 6 of this report and award to the successful bidder

 

REASONS RESOLVED:

 

To ensure that the Council can comply with its statutory duties in relation to the conduct of elections.

 

To ensure compliance with the Council’s contract procedure rules and national procurement legislation in relation to the procurement of public contracts.

 

To ensure that the procurement takes place before the expiry of the current contract.

 

To ensure that the Council’s printers are able to meet the very specific requirements relating to the printing of election materials.

 

ALTERNATIVE OPTIONS CONSIDERED:

 

Other options that have been ruled out are.

      Framework agreements such as CCS RM6170-Lot 2- Print Management Services – these agreements limit the options of printers with the relevant election experiences.

      In-house printing - due to the specialist nature of this printing the in-house department are not able to provide the service required.

Minutes:

Councillor Malcolm Longley presented the report on behalf of Councillor Mike Hallam and advised that the current contract would come to an end in April 2023.  It was important that the supplier was able to meet the specific requirements for printing election materials.

 

RESOLVED: that Cabinet;

a)     Agreed that the Council proceeds with the procurement of a maximum five-year year contract for the supply of elections stationery and printing services; and

b)     Delegated to the Director for Legal and Democratic Services authority to conduct the procurement in accordance with paragraph 6 of this report and award to the successful bidder

 

85.

Adoption and community use of assets pdf icon PDF 125 KB

Additional documents:

Decision:

RESOLVED:

 

That the Cabinet:

a)    Authorised consultation on the draft Adoption of Assets Policy.

b)    Adopted on an interim basis the draft Adoption of Assets Policy, pending the results of the consultation.

c)    Adopts the draft Policy on Voluntary, Community, Social Enterprise, and Faith Group use of Council Property.

d)    That paragraph 3.2 on page 559 to be amended to read "The lists will be agreed in consultation with Cabinet and thereafter..."

 

REASONS RESOLVED:

 

To provide a clear basis on which the Council takes decisions about the adoption of assets and about the use of its assets by voluntary, community, social enterprise, and faith groups.

 

To retain member oversight and input on assets being listed as available.

 

ALTERNATIVE OPTIONS CONSIDERED:

 

It is proposed to adopt the Adoption of Assets policy on an interim basis whilst formal consultation is carried out on it, as continuing to operate without a policy framework is undesirable.

Minutes:

At the Chair’s invitation councillors made the following comments:

 

·        Had parishes been engaged in the consultation?

·        How could relationships with parish and town councils be strengthened?

Councillor Malcolm Longley presented the report and advised that further consultation would be carried out, including with parishes. 

 

Councillor Adam Brown stated that it was vital that WNC maintained oversight of properties.  Councillor David Smith advised that NCALC would be undertaking an asset mapping project.

 

Councillor Adam Brown proposed an amendment to paragraph 3.2 on page 559 to state that the list would be agreed in consultation with Cabinet and thereafter published on the Council’s website.  He explained this was proposed in order to retain member oversight and input on assets being listed as available.  This proposal was agreed.

 

RESOLVED: that Cabinet;

a)     Authorised consultation on the draft Adoption of Assets Policy.

b)     Adopted on an interim basis the draft Adoption of Assets Policy, pending the results of the consultation.

c)     Adopts the draft Policy on Voluntary, Community, Social Enterprise, and Faith Group use of Council Property.

d)     That paragraph 3.2 on page 559 to be amended to read "The lists will be agreed in consultation with Cabinet and thereafter..."

 

86.

Office Optimisation Stage 1 building adaptations budget and disposals pdf icon PDF 126 KB

Additional documents:

Decision:

RESOLVED:

 

that Cabinet:

a)    Agree to the proposed new capital budget of £2 million to carry out Stage 1 of the Office Optimisation project and recommend to Council that the Capital budget is amended to reflect the proposed change.

b)    Authorise the Assistant Director Assets & Environment to procure and award the contracts to deliver the Stage 1 works.

c)    Authorise the Assistant Director Assets & Environment in consultation with the Executive Director Finance and Cabinet Member for Finance to dispose of the Lodge Road offices, in whole or part, by leasehold or freehold, for the best consideration reasonably obtainable.

d)    Agree that the Lodge Road offices be vacated by 31st March 2023 in order that the revenue savings and/or capital gains be achieved as quickly as practicable thereafter. 

 

REASONS RESOLVED:

 

To provide an effective accommodation solution, and best value for the residents of West Northamptonshire in consideration of service operating models and Council objectives.

 

To provide a fit for purpose facility to replace the Lodge Road offices for Council services which enables the wider objective to provide cost effective accommodation.

 

To reduce the Council’s energy use and carbon emissions.

 

To ensure timely delivery of financial improvements 

 

ALTERNATIVE OPTIONS CONSIDERED:

 

The choices on the budget open to the Council are as follows.

a.    Do nothing. This would not enable the closure of Lodge Road to Council services, retain a high level of under-used office space, not contribute to savings goals or the development of a unified ‘one Council’ culture.

b.    Approve the proposed budget. This would enable the work to proceed and the new Daventry hub to be created.

c.    Instead seek to purchase or lease office accommodation elsewhere in central Daventry. This is unlikely to provide suitable accommodation and location, and would not optimise use of the Abbey. It would involve new lease rent or purchase costs.

Given the time required to deliver the Stage 1 works, procurement will need to commence as soon as possible. For this reason, formal Cabinet authority for procurement is recommended to be granted now, and in advance of Council approval of the budget.

 

It is undesirable for the Council to hold vacant or partially vacant Lodge Road offices any longer than necessary. This incurs costs, leaves the building vulnerable, and does not make any economic or social contribution to Daventry. It is therefore recommended that authority is granted to enable its disposal for the most economically advantageous outcome.

 

However, it is also possible that the building might deliver greater benefits from other Council uses. These will also be tested prior to any decision to dispose.

Minutes:

To supplement the published report and in order to aid clarity, the Chair advised that an information sheet had been circulated summarising the savings which would result from office optimisation.

 

Councillor Longley explained that the office optimisation programme was seeking productivity gain by better utilisation of assets.  The estimated cost of upgrading the Abbey centre would be £1m.  All current voluntary sector partners would be retained.  £306k was the saving that would be made by exiting the Lodge Road premises.  There were two options – to lease or sell and the estimated annual savings from each option were outlined - £507,909 for lease and £343,749 (plus £4.5m capital receipt) for sale.

 

Plans for the Leisure Centre were a work in progress and would only proceed if financially viable. 

 

The office optimisation programme would result in a substantial productivity gain – including that from the Planning team’s move to Towcester.

 

At the Chair’s invitation, councillors made the following comments:

 

·        Local residents were unhappy about the closure of Lodge Road – would it be possible to retain the office and move other organisations in to the surplus space?

·        Had a building survey been carried out on the Abbey and Leisure Centre?

·        Voluntary organisations felt they had not been consulted about the plans.

·        The impact of the closure on staff needed to be considered.

·        The briefing note should be made available on the WNC website.

·        Work on the Abbey building should be undertaken in line with the net zero pledge.

·        Outreach sessions should be increased so that residents can access support and services.

·        The rationale of one council culture was accepted, but this should be balanced across West Northamptonshire.

It was explained that the first phase of office optimisation had looked at the model of support and the model of using hubs to deliver local services was being used.  There was too much office space for modern ways of working.  Consultation with voluntary organisations had taken place and each one had been spoken to.  Consultation with staff had also been undertaken.

 

Councillor Adam Brown noted that the plans represented a great step forward in productivity.  The public wanted the council to work in their interests with the best use of buildings and retention of public facing services.  He proposed an amendment to the recommendation (recommendation d) below) which was agreed by Cabinet.

 

Councillor Rebecca Breese advised that a key part of transformation was to improve resilience and productivity.  Staff would be supported, including financially.

 

RESOLVED: that Cabinet;

a)     Agreed to the proposed new capital budget of £2 million to carry out Stage 1 of the Office Optimisation project and recommended to Council that the Capital budget is amended to reflect the proposed change.

b)     Authorised the Assistant Director Assets & Environment to procure and award the contracts to deliver the Stage 1 works.

c)     Authorised the Assistant Director Assets & Environment in consultation with the Executive Director Finance and Cabinet Member for Finance to dispose of the Lodge Road offices, in whole or part, by  ...  view the full minutes text for item 86.

87.

Urgent Business

The Chairman to advise whether they have agreed to any items of urgent business being admitted to the agenda.

 

Minutes:

None

88.

Exclusion of Press and Public

Report Item 16  contains exempt information as defined in the following paragraph(s) of Part 1, Schedule 12A of Local Government Act 1972.

 

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

 

Paragraph 4 – Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

 

Members are reminded that whilst the report and appendices have been marked as exempt, it is for the meeting to decide whether or not to consider them in private or in public. In making the decision, members should balance the interests of individuals or the Council itself in having access to the information. In considering their discretion members should also be mindful of the advice of Council Officers.

 

Should Members decide not to make a decision in public, they are recommended to resolve as follows:

 

“That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following item(s) of business on the grounds that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part I, Paragraph(s) 3 and 4 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

 

Minutes:

RESOLVED:

That under Section 100A of the Local Government Act 1972, the public and press be excluded from the meeting for the following item(s) of business on the grounds that, if the public and press were present, it would be likely that exempt information falling under the provisions of Schedule 12A, Part I, Paragraph(s) 3 and 4 would be disclosed to them, and that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

89.

Options and Business Case relating to the future delivery of legal services - EXEMPT

Additional documents:

Decision:

RESOLVED: The recommendation as set out in the report was approved.

 

REASONS RESOLVED: Not for publication by virtue of Paragraph 3 of Schedule 12A of the Local Government Act 1972

 

ALTERNATIVE OPTIONS CONSIDERED: Not for publication by virtue of Paragraph 3 of Schedule 12A of the Local Government Act 1972

Minutes:

Minutes exempt from publication.