Decisions

Use the search options below to find decisions. To access information prior to 2011 click here.

Alternatively you can view delegated decisions that have been taken by individual councillors in relation to council officers under the Scheme of Delegation to Officers:

Key Decision definition: A key decision means an executive decision which is likely:

(a) to result in the council incurring expenditure which is, or the making of savings which are significant having regard to the council's budget for the service or function which the decision relates; or

(b) to be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions in the area of the council.

For the purposes of (a) above, the threshold for "significant" is £1.6 million.

Decisions

29/10/2019 - Lancashire Special Educational Needs and Disabilities (SEND) Partnership - Ofsted Revisit Preparation ref: 17565    For Determination

Lancashire Special Educational Needs and Disabilities (SEND) Partnership – forthcoming revisit by Ofsted and Care Quality Commission (CQC) and the assessment of progress.

Decision Maker: Education Scrutiny Committee

Made at meeting: 29/10/2019 - Education Scrutiny Committee

Decision published: 07/11/2019

Effective from: 29/10/2019

Decision:

The Chair welcomed Sarah Callaghan, Director of Education and Skills and Dr Sally Richardson, Head of Inclusion to the meeting.

 

The report sets out the preparation for the forthcoming Ofsted and Care Quality Commission (CQC) re-visit due to take place by the end of October 2019, including the production of a self-assessment. In presenting the report, the committee noted that out of the twelve areas of concerns identified during the Ofsted inspection in November 2017, the following five areas of concern still required improvement:

 

1.  The transitioning from primary school to secondary school;

2.  The quality of the Education Health and Care Plan's (EHCP);

3.  The needs of the offer to local areas;

4.  The neurodevelopment pathways; and

5.  The educational outcomes for children with Special Educational Needs (SEN).

 

To improve these areas, members were informed that a task group had been formed to help scrutinise these areas and to make improvements.

 

Responding to the report, the following key issues were raised by the committee:

 

Members raised concerns about the Education Health Care (EHC) plans. Among the concerns raised were;

 

·  The EHC plans not following a child during the transition period between primary and secondary school;

·  The lack of EHC plans in place for a child during nursery and before the child enters mainstream school;

·  The shortage of Education Psychologists; and

·  The results of the EHC plan quality audit outlined in the report.

 

Responding to these concerns, members' were informed that this was an improving picture and changes had already been made to address these concerns. These included implementing a new Electronic Information System to record all the information coming into the local authority on a child to ensure it is all recorded centrally, engaging more with early years to ensure additional assessments are being carried out on a child at nursery level and the training of additional Educational Psychologists.

 

Addressing the concerns of the results of the auditing of the EHC plans, the committee were informed that the quality of the EHC plans had already substantially improved.

 

Additional concerns were raised by the committee on the access to CAMHS in Lancashire. In response, members' were informed that additional investment had been made to address this and the number of mental health workers available had been increased. 

 

Recognising that the level of exclusions in Lancashire were too high, members' were informed that work was continuing to reduce the number, such as carrying out additional work to identify a child's individual needs an early stage to ensure a plan is in place to address those needs before an exclusion is warranted.

 

Resolved: That;

 

i.  The information presented on the preparation for the forthcoming re-visit by Ofsted and the CQC be considered; and

ii.  The feedback on the self-assessment attached at Appendix 'B' of the report be discussed and agreed.

 

Divisions affected: (All Divisions);

Lead officer: Helen Makinson


29/10/2019 - Supporting Pupils at Special School with Medical Conditions: Task Group Update ref: 17566    For Determination

Progress on recommendations from Pupils at Special School with Medical Conditions task group.

Decision Maker: Education Scrutiny Committee

Made at meeting: 29/10/2019 - Education Scrutiny Committee

Decision published: 07/11/2019

Effective from: 29/10/2019

Decision:

The Chair welcomed Dave Carr, Head of Service Policy, Information and Commissioning (Start Well), Ellen Smith, Policy, Information and Commissioning Manager, Lesley Tiffen, Senior Commissioning Manager at the Fylde Coast Clinical Commissioning Group and Sarah Darbyshire from West Lancashire Clinical Commissioning Group to the meeting.

 

The report provided an update on the progress made by the multi-agency Special Schools Nursing Task and Finish Group against the recommendations made by the Children Services Scrutiny Committee in respect of special school nursing provision in Lancashire. In presenting the report, the committee noted that a joint action plan had been developed for the Special Schools Nursing Task and Finish Group which detailed the progress made on each of the recommendations and the next steps.

 

Responding to the report, the following key issues were raised by the committee:

 

Members' expressed concerns on the training being provided to health and education staff, specifically around the funding for the training and where parents or carers could go for advice or to raise their concerns about the training being provided. Responding to these concerns, members' were informed that the funding for the training was still under discussion and that a Designated Clinical Officer (DCO) had been appointed to each of Lancashire's district as a point of contact for parents or carers. It would be the DCO's responsibility to capture any of the concerns a parent or carer and to feed it back into the appropriate Clinical Commissioning Group (CCG).

 

In terms of the level of support that has been identified in producing the policy, members' were informed that that the policy had been developed by taking into account the best practices from other areas.

 

Regarding the views on the policy by headteachers, members' were informed that there were three headteachers who were members' of the Special Schools Nursing Task and Finish Group and who have actively engaged with other headteachers, including circulating the draft policy to obtain their views through the Lancashire Special School Head Teacher Association (LASSHTA).

 

In response to a query on the timescales for the finalising of the policy, members were informed that although there were no current timescales on when the final version of the policy would be signed off, the task group was anticipating that the draft policy would be finalised early in 2020.

 

Members' raised concerns regarding the six schools who had failed to respond to the data gathering exercise conducted by the task and finish group. In response, members were informed that the three headteachers who are on the task and finish group had tried a number of times to obtain a response from these schools which included raising it at various groups, emailing them and personally contacting them but the schools had so far failed to respond. Responding to this, members' requested that the committee be provided with details of those schools to support the service in obtaining responses.

 

Resolved: That;

 

  i.  The progress made to date against the recommendations and the proposed ongoing activity against the project plan be noted; and

  ii.  The feedback on the draft policy be discussed and agreed.

  iii.  The committee be provided with the names of the schools in the Lancashire area to encourage responses to the data gathering exercise questionnaire.

 

Divisions affected: (All Divisions);

Lead officer: Dave Carr


02/09/2019 - Minutes of the meeting held on 1st of July ref: 17320    Recommendations Approved

Decision Maker: Student Support Appeals Committee

Made at meeting: 02/09/2019 - Student Support Appeals Committee

Decision published: 07/11/2019

Effective from: 02/09/2019

Decision:

Resolved: That; the minutes of the meeting held on the 1st of July 2019 were confirmed as an accurate record and were signed by the Chair.


07/11/2019 - Penwortham Slip Road Closure ref: 17585    Recommendations Approved (subject to call-in by Scrutiny)

Approval is sought for the closure of the slip road from the A59 Liverpool Road to A59 Golden Way in Penwortham for all vehicular traffic. Pedestrians, equestrians and cyclists will still be permitted to use the slip road. This is to comply with planning condition 10 of the Penwortham Bypass (the Bypass) planning permission, which seeks to discourage through vehicular traffic on the A59.

 

Traffic modelling demonstrates the closure will result in additional traffic transferring to the Bypass, further reducing through traffic and congestion in Penwortham, providing additional environmental and air quality benefits, and maximising opportunities to improve the public space in the town centre.

 

The proposal is vital to enabling the delivery of high quality cycling provision to serve Penwortham and Hutton. In turn, this will help to achieve Public Health England guidance to encourage the switch to active travel in place of short car journeys.

 

Decision Maker: Cabinet

Decision published: 07/11/2019

Effective from: 13/11/2019

Decision:

The Cabinet approved the recommendation(s) as set out in the report.

 

Divisions affected: Penwortham West;

Lead officer: Alan Eastham


07/11/2019 - Maximising Occupancy in Supported Housing Consultation Document ref: 17584    Recommendations Approved (subject to call-in by Scrutiny)

The Maximising Occupancy in Supported Housing Consultation Document sets out the council's proposals to review supported housing vacancies, and the procedure that will guide decisions about non-viable supported households. The consultation document is presented to Cabinet for approval of an eight-week public consultation.

 

Decision Maker: Cabinet

Decision published: 07/11/2019

Effective from: 13/11/2019

Decision:

The Cabinet approved the recommendation(s) as set out in the report.

 

Divisions affected: (All Divisions);

Lead officer: Kieran Curran


07/11/2019 - Procurement Report - Request Approval to Commence Procurement Exercises ref: 17587    Recommendations Approved (subject to call-in by Scrutiny)

In line with the county council's procurement rules this report sets out a recommendation to approve the commencement of the following procurement exercises:

 

(i)  Gully emptying service

(ii)  Spray injection patching

(iii)  Reactive and planned improvement works

(iv)  Security and alarm service and maintenance

(v)  Heating, ventilation and air conditioning service and maintenance

(vi)  Provision of community transport services

(vii)Provision of a Minor Aids and Adaptations Service in Lancashire.

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

 

Decision Maker: Cabinet

Decision published: 07/11/2019

Effective from: 13/11/2019

Decision:

The Cabinet approved the recommendation(s) as set out in the report.

 

Divisions affected: (All Divisions);

Lead officer: Rachel Tanner


07/11/2019 - Use of Resources for County Councillors - Revised Protocol ref: 17589    Recommendations Approved (subject to call-in by Scrutiny)

In order to provide and clarify guidance and support for Councillors in understanding what is and is not acceptable in the use of County Council resources, a revised Use of Resources Protocol is presented for approval, including Disability Statement and Parental Support Policy for County Councillors.

 

Decision Maker: Cabinet

Decision published: 07/11/2019

Effective from: 13/11/2019

Decision:

The Cabinet approved the recommendation(s) as set out in the report.

 

Divisions affected: None;

Lead officer: Catherine Earnshaw


07/11/2019 - Preston City Transport Plan and the Preston City Region Submission to the Transforming Cities Fund ref: 17586    Recommendations Approved (subject to call-in by Scrutiny)

Consultants were commissioned in 2018 to prepare a Preston City Transport Plan setting out a 20 year vision for movement and connectivity focussing on travel to, from, and within the city centre. The consultant has now issued the Plan which presents a long-term strategy for reducing congestion, providing for better public transport, and transforming the city and the wider sub-region’s streets and spaces.  In support of this, the Plan sets out a programme of proposals to transition the city from a car-dominated network to a multi-modal network.

 

At its meeting on 14 October 2019, the Preston, South Ribble and Lancashire City Deal Executive received the Plan and agreed to its publication as evidence to inform current and future transport-related planning and investment programming.

 

Its publication is timely, with preparatory work underway for the Local Transport Plan, a review underway of Central Lancashire's Highways and Transport Master Plan, the Local Industrial Strategy, and the Central Lancashire Local Plan Review.

 

Its production also coincides with the bid preparation for Preston City Region under the government’s Transforming Cities Fund.  Preston is one of just 12 shortlisted Transforming Cities Fund city regions nationwide with the prospect of receiving a share of £1.2 billion, to be spent by March 2023, aimed at driving up productivity through improved public and sustainable transport connectivity.  The Preston, South Ribble and Lancashire City Deal has provided a strong foundation for the sub-region's proposition to the Transforming Cities Fund, and the delivery of the four major road schemes under the City Deal provides the backdrop, and the means, to deliver meaningful and transformational public and sustainable transport measures across the city and wider sub region. 

 

Work carried out separately for the City Deal including rail and bus scheme development and master planning; the aforementioned City Transport Plan; and a cycling and walking delivery plan; is assisting in preparing the Transforming Cities Fund bid, which is to be submitted to the Department for Transport in November this year.

 

Decision Maker: Cabinet

Decision published: 07/11/2019

Effective from: 13/11/2019

Decision:

The Cabinet approved the recommendation(s) as set out in the report.

 

Lead officer: Marcus Hudson


07/11/2019 - The Future of Queen Street Mill Museum and Helmshore Textile Mills Museum ref: 17588    Recommendations Approved (subject to call-in by Scrutiny)

The report will consider the outcome of the options appraisal for the museums carried out by the National Trust.

Decision Maker: Cabinet

Decision published: 07/11/2019

Effective from: 13/11/2019

Decision:

The Cabinet approved the recommendation(s) as set out in the report.

 

Divisions affected: Burnley Rural; Rossendale West;

Lead officer: Ian Watson


07/11/2019 - A582/B5253 South Ribble Western Distributor and Realignment of Footpath Network - Approval for use of Powers and Preparation of Various Orders and Schemes including Compulsory Purchase Order ref: 17582    Recommendations Approved (subject to call-in by Scrutiny)

Design work and the progression of the planning application is ongoing for the dualling of the A582 and B5253 South Ribble Western Distributor.  To maintain programme milestones and to ensure the scheme can be delivered, it is essential that the county council has possession of all the necessary land.  Negotiations are ongoing with the landowners however, agreement may not be achievable in time or at all.  Consequently, it may be necessary to use Compulsory Purchase powers available to the county council, in particular under the Highways Act 1980, to acquire the land.

 

Additionally a Side Roads Order under the Highways Act 1980 will also be required to enable alterations to be made to the existing highways and private means of access. 

 

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

 

Decision Maker: Cabinet

Decision published: 07/11/2019

Effective from: 13/11/2019

Decision:

The Cabinet approved the recommendation(s) as set out in the report.

 

Divisions affected: (All Divisions);

Lead officer: Marcus Hudson


07/11/2019 - Extra Care Service Model and Core Charge ref: 17583    Recommendations Approved (subject to call-in by Scrutiny)

This report describes the proposed care and support model for new Extra Care schemes being developed in Lancashire, which is based on the model agreed by Cabinet in relation to the Chorley Extra Care Scheme (Primrose Gardens) in September 2018. The report also recommends authorising appropriate officers, in consultation with the Cabinet Member for Adult Services, to make any future decisions regarding the service model and core charge within Extra Care Schemes.

 

Decision Maker: Cabinet

Decision published: 07/11/2019

Effective from: 13/11/2019

Decision:

The Cabinet approved the recommendation(s) as set out in the report.

 

Divisions affected: (All Divisions);

Lead officer: Sarah McCarthy


18/09/2019 - Highways Act 1980 - Section 25<br/>Proposed Public Path Creation Agreement for a Public Footpath adjacent to F2992 at 23 Elmsett Road, Walton-le-Dale, Preston<br/> ref: 17595    Recommendations Approved

Proposed dedication by agreement of a publically maintainable public footpath adjacent to F2992 at 23 Elmsett Road, Walton-le-Dale, Preston, PR5 4JW.

Decision Maker: Regulatory Committee

Made at meeting: 18/09/2019 - Regulatory Committee

Decision published: 06/11/2019

Effective from: 18/09/2019

Decision:

A report was presented on the proposed dedication by agreement of a publically maintained public footpath adjacent to F2992 at 23 Elmsett Road, Walton-le-Dale, Preston, PR5 4JW, marked on the Committee plan A-B-C-D-A attached to the agenda papers.

 

The Committee noted that the land immediately to the east of F2992 sloped steeply down into the River Darwen and that, prior to 2013, this slope carried over it a footpath ((7-2-FP95). In 2013, a landslip had occurred, resulting in a significant length of footpath 7-2-FP95 being lost down the river embankment, and the adopted footpath (F2992) becoming unstable. F2992 has since partially collapsed and is therefore unsafe for public use, and has been temporarily closed since that time.

 

Prior to the collapse of footpath 7-2-FP95, and the subsequent closure of F2992 on safety grounds, the route had been well used and formed an important link in the network of public rights of way. Following the closure of the footpath, regular requests for the footpath to be reinstated had been received from local residents.

 

The Committee were informed that various options to address the situation had been considered. An opportunity had arisen for the county council to enter into an agreement with the owners of the adjacent property (23 Elmsett Road) to create a public footpath on the eastern boundary of their land that appeared to be sustainably more stable. The new footpath would bypass the collapsed and unstable section of F2992, and would provide a suitable footpath link for many years to come.

 

The Chair invited County Councillor Yates to ask a question whether the proposal only affected the top section at the Holland House end of the path, or whether there would be works on the steep path where the historical '40 steps' are. Officers confirmed that this dedication only affects the 15 metre section which is collapsing.

 

It was reported that, on investigating the title of the owners of the adjacent property, it was found that restrictive covenants were in place relating to using the area of land required only as a garden and reserving a 'protected strip' for the benefit of a statutory undertaker. However, discussions had taken place and both parties agreed in principle for the release of those covenants on the land to be dedicated.

 

It was noted that the proposal was considered to be of benefit to the public in providing a safe and convenient footpath that would be a link from the Holland Slack housing development to the network of public rights of way at Holland Wood, Mosley Wood and the River Darwen.

 

Resolved:

 

(i)  That the proposal for a Public Path Creation Agreement to dedicate a length of public footpath adjacent to F2992 at 23 Elmsett Road, Walton-le-Dale, be accepted, subject to the removal of the restrictive covenants which currently bind the landowner.

 

(ii)  That, after removal of restrictive covenants affecting the land, a Public Path Creation Agreement be entered into under Section 25 of the Highways Act 1980 between the owners of 23 Elmsett Road, Walton-le-Dale and Lancashire County Council on the terms detailed in this report, to dedicate a length of public footpath as shaded pink on the map attached to the agenda papers and marked A-B-C-D-A.

Divisions affected: Preston Rural;

Lead officer: Joanne Lawson


18/09/2019 - Wildlife and Countryside Act 1981<br/>Definitive Map Modification Order Investigation<br/>Addition of Footpath from Kirkdale Avenue to Footpath Rawtenstall 180 and Seat Naze <br/>File No. 804-608<br/> ref: 17597    Recommendations Approved

Addition of a footpath to the definitive map and statement from Kirkdale Avenue to footpath 14-4-FP 180.

Decision Maker: Regulatory Committee

Made at meeting: 18/09/2019 - Regulatory Committee

Decision published: 06/11/2019

Effective from: 18/09/2019

Decision:

A report was presented on an application for the addition to the Definitive Map and Statement of Public Rights of Way, of a Footpath from Kirkdale Avenue, Newchurch to Footpath Rawtenstall 180, as shown on the Committee plan between points A-B-C-D-E, attached to the agenda papers.

 

A site inspection had been carried out in June 2019.

 

It was reported that the map and photographic evidence available from the 1840s through to the current time supported the view that the route physically existed and was capable of being used by the public on foot. In addition, it was identified as a 'public footpath' on a plan prepared in the 1930s for the construction of houses which abutted the route and from which a proposed link into the route was shown.

 

The Committee noted the evidence indicated that access to the route had been denied in May 2019, by the construction of a wall which, in turn, had triggered the application. It was not know who had built the wall and, looking at the substantial user evidence, it would appear that there had never been any clear actions by owners to prevent use by the public, and use by the public had continued for many years. In addition, the majority of users refer to having witnessed other users whilst using the route themselves and none of the users recalled having ever been told that the route was not a public right of way, nor did any users refer to having been turned back or having to ask permission to use the route.

 

The Committee were informed that, taking all of the evidence into account, they may consider that the provisions of Section 31 of the Highways Act 1980 could be satisfied. In addition, or alternatively, Committee may consider that it can be reasonably alleged that there was sufficient evidence from which to infer dedication of a public footpath at common law.

 

Resolved:

 

(i)  That the application for a Footpath from Kirkdale Avenue to Footpath Rawtenstall 180, in accordance with File No. 804-608, be accepted.

 

(ii)  That an Order(s) be made pursuant to Section 53(2)(b) and Section 53(3)(b) and/or Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 to add a footpath to Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan between points A-B-C-D-E.

 

(iii)  That being satisfied that the higher test for confirmation can be met, the Order be promoted to confirmation.

 

 

 

Divisions affected: Rossendale West;

Lead officer: Joanne Lawson


18/09/2019 - Wildlife and Countryside Act 1981<br/>Definitive Map Modification Order Investigation<br/>Upgrading to Bridleway of Footpath Longton 42 (Known as Six Acre Lane), South Ribble<br/>File No. 804-607<br/> ref: 17596    Recommendations Approved

Upgrading the existing footpath to a bridleway.

Decision Maker: Regulatory Committee

Made at meeting: 18/09/2019 - Regulatory Committee

Decision published: 06/11/2019

Effective from: 18/09/2019

Decision:

A report was presented on an application received for Footpath Longton 42 (known as Six Acre Lane), to be upgraded on the Definitive Map and Statement of Public Rights of Way from footpath to bridleway, from Drumacre Lane East to Gill Lane, Longton, as shown between point A and point C on the Committee plan attached to the agenda papers.

 

A site inspection had been carried out in June 2019.

 

The Committee noted that there was no user evidence to consider for this application so it was necessary to look solely at the available map and documentary evidence.

 

The Committee were advised that the historical mapping evidence that the route was once used for public vehicular use was strong. Its initial status as a vehicular highway has not been affected by the more recent use as a footpath only as, once a highway has come into being, it continues indefinitely whether it is used or not. It was reported that there was no evidence to indicate that this historic vehicular highway status has been challenged, although the landowners state that it is a private road which they maintain but this is recent use by those landowners and does not call into question the historical evidence.

 

It was reported that the suitability, or otherwise, of the route for horses was not something that could be taken into account in determining whether highway rights exist.

 

The Committee were advised that if they concluded the evidence showed that, on the balance of probability, public carriageway rights existed on the application route, then it would be necessary to consider whether the Natural Environment and Rural Communities Act 2006 would have extinguished public rights for mechanically propelled vehicles. Therefore, in the event that public carriageway rights were shown to exist, the appropriate status for Six Acre Lane to be recorded on the Definitive Map and Statement would be Restricted Byway, with public rights for non-mechanically propelled vehicles, horses or on foot.

 

Resolved:

 

(i)  That the application for the upgrading of Footpath Longton 42 to Bridleway, in accordance with File No. 804-607, be accepted, subject to a status of restricted byway, which includes bridleway rights.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981, to upgrade Footpath Longton 42 to a Restricted Byway on the Definitive Map and Statement of Public Rights of Way as shown on the Committee plan attached to the agenda papers between points A-B-C.

 

(iii)  That being satisfied that the test for confirmation can be met, the Order be promoted to confirmation.

Divisions affected: Preston Rural;

Lead officer: Joanne Lawson


06/11/2019 - SEND Sufficiency Strategy

The Developing the Approach and Provision for Children and Young People with Special Educational Needs and Disabilities report was presented to Cabinet on 8th August 2018. This report provided an overview of the current position in relation to provision for children and young people with special educational needs and disabilities and a set of principles to guide further work in this area. The purpose of the current report is to build upon these principles to create an overarching SEND strategy and to make a series of recommendations about how this might be implemented to ensure sufficiency of provision in the future.

Decision Maker: Cabinet

Decision due date: 16/01/2020

Divisions affected: (All Divisions);

Lead officer: Dr Sally Richardson

Notice of decision: 06/11/2019

Anticipated restriction: Part I


06/11/2019 - Operational Premises

The report describes issues relating to the county council's operational service delivery premises.

Decision Maker: Cabinet

Decision due date: 05/12/2019

Divisions affected: (All Divisions);

Lead officer: Sue Haworth, Emma Pearse, Martin Slater

Notice of decision: 06/11/2019

Anticipated restriction: Part II  - view reasons


06/11/2019 - Adult Social Care - Winter Plan 2019/20

In order to set out the approach across Winter 2019/20 for Lancashire County Council Adult Social Care, a winter plan has been developed which requires approval from Cabinet. This plan will run until 31st March 2020.

Decision Maker: Cabinet

Decision due date: 05/12/2019

Divisions affected: (All Divisions);

Lead officer: Tony Pounder

Notice of decision: 06/11/2019

Anticipated restriction: Part I


06/11/2019 - West Lancashire Partnership - Approval of Memorandum of Understanding

The report sets out proposals for revised governance arrangements.

Decision Maker: Cabinet

Decision due date: 05/12/2019

Divisions affected: Burscough & Rufford; Ormskirk; Skelmersdale Central; Skelmersdale East; Skelmersdale West; West Lancashire East; West Lancashire North; West Lancashire West;

Lead officer: Tony Pounder

Notice of decision: 06/11/2019

Anticipated restriction: Part I


06/11/2019 - The Future of Maintained Nursery Schools

A report on the current position of Lancashire's maintained nursery schools and options to secure their sustainability in the future.

Decision Maker: Cabinet

Decision due date: 16/01/2020

Divisions affected: (All Divisions);

Lead officer: Paul Duckworth

Notice of decision: 06/11/2019

Anticipated restriction: Part I


15/10/2019 - Monitoring of KPIs for administration, complaints, governance and investments ref: 17553    Recommendations Approved

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

It was agreed that earlier discussions had included updates regarding this item of business.

 


15/10/2019 - The Pensions Regulator - Governance and administration risks in public service pension schemes – engagement report ref: 17543    Recommendations Approved

To provide members of the Pension Board with a summarised position of the Pension Regulator's survey findings on their engagement with 10 local government funds in relation to governance and administration risks.

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

Ms Moult presented a report which summarised the findings of the Pension Regulator's survey of the governance and administration of 10 Local Government Pension Funds.

 

In considering the report the Board recognised that communications with scheme members was regularly reviewed by both the Pensions Team and a Process Review Group at the Local Pensions Partnership. With regard to the internal dispute resolution procedure it was noted that potentially some issues would be recorded in the Risk Register and it was suggested that in future the Board should receive an annual report summarising the type of appeal received.

 

It was noted that whilst Lancashire had not been included in the survey the Fund was well placed in terms of its response to each of the key areas highlighted by the Pension Regulator referred to in the report.

 

Resolved: That the report is noted and in future an annual report be presented to the Board with a breakdown of the number of appeals received, whether they are Stage 1 or 2 and the subject matter in order to identify any specific trends or areas of concern.

 

Divisions affected: (All Divisions);

Lead officer: Colin Smith


15/10/2019 - Revised Lancashire County Pension Fund Communications Policy ref: 17542    Recommendations Approved

Presentation of final draft communications policy which the Fund is required to produce under the terms of the Local Government Pension Scheme Regulations.

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

Mr Wallbank presented a report on the draft Communication Policy which had been amended since it was presented to the previous meeting by the incorporation of the programme which set the format, frequency and method of distribution of information to Fund stakeholders.

 

In considering the report the Board made the following comments.

 

·  Consideration should be given to the inclusion of additional hyperlinks where possible to direct readers to specific documents/information referred to in the Policy.

 

·  Under the heading 'Communications to Scheme Members' reference to 'monthly pay advice' should be deleted as it is already covered by 'pensioners pay advice'.

 

·  The text under 'Communication Programme' should be subject to a final review to address any potential inconsistencies regarding the most appropriate method of communication to be used.

 

·  Whilst recognising that the preference is for people to access information online consideration should be given to including a statement to inform readers how to request hard copies in those cases where they do not have access to the internet.

 

·  That the Policy should include reference to the timescale for when it will be reviewed.

 

It was noted that a final version of the Policy would be presented to the Pension Fund Committee in November 2019.

 

Resolved:

 

1.  That the comments of the Board, as set out above, be taken into account when finalising the draft Communications Policy for the Lancashire County Pension Fund before it is submitted to the Pension Fund Committee on the 29th November 2019 for approval.

 

2.  That, as the Board recognise a proportion of the scheme membership may have difficulty accessing information online, the Local Pensions Partnership be asked to provide details of the number of requests for information to be sent through the post.

 

Divisions affected: (All Divisions);

Lead officer: Colin Smith


15/10/2019 - Regulatory Update ref: 17541    Recommendations Approved

Update on various pension related regulatory issues

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

Colin Smith, Technical Adviser Pensions presented a report which updated the Board on the following pension regulatory matters.

 

1.  Equitable Life Transfer of policies to Utmost Life and Pensions.

2.  The Lancashire County Pension Fund response to the consultation on the local valuation cycle and the management of employer risk.

3.  The Scheme Advisory Board - Good Governance project

4.  The end of the consultation period on limiting exit payments for public sector workers.

5.  Publication of 'The LGPS community' document by the Local Government Association

6.  The Cost cap and McCloud judgement

7.  Walker – v- Innospec Supreme Court Judgment

8.  The Pension Regulator – combination of codes of practice

9.  Fair Deal – consultation on strengthening pension protection.

 

Resolved: That the updates on regulatory matters as set out in the report presented and given at the meeting are noted.

 

Divisions affected: (All Divisions);

Lead officer: Colin Smith


15/10/2019 - Lancashire County Pension Fund Breaches Log ref: 17544    Recommendations Approved

Breaches log for quarter 2 2019/20

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

Mr Master reported that during the period 1st July, 2019 to 30th September, 2019 there had been one breach in contribution payments and fourteen incidents of employers failing to submit contribution figures in relation to the Lancashire County Pension Fund. The Board noted that in all cases action had been taken to address the issues and that there were no data breaches in relation to the Fund during the same period.

 

It was noted that as an internal audit of the Local Pensions Partnership had identified some errors in transfer out payments for 2018/19 the Partnership had reviewed processes and had recorded the issue on the breaches log in accordance with Code of Practice 14. 

 

Resolved: That the update on the Lancashire County Pension Fund breaches log, as set out in the report presented, is noted.

Divisions affected: (All Divisions);

Lead officer: Mukhtar Master


15/10/2019 - Lancashire County Pension Fund Risk Register ref: 17551    Recommendations Approved

LCPF Risk Register Update

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

(Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12 A of the Local Government Act 1972. It was considered that in all the circumstances of the case the public interests in maintaining the exemption outweighed the public interest in disclosing the information).

 

Mr Master presented a report on the current version of the risk register which had been updated following a review by county council officers in consultation with the Local Pensions Partnership.

 

The Board discussed two new medium rated risks which had been added to the Register and the current highest rated risks and the associated measures to mitigate them. The current funding level was also discussed and it was noted that a degree of prudence had been built into future discount rates and in recognition of the recent judgement in the McCloud case

 

Resolved:

 

1.  That the performance of the Lancashire County Pension Fund investments and current funding level are noted.

 

2.  That a report be presented to the next meeting in relation to the number of employees who have joined the pension scheme and those members who have decided to opt out of the Lancashire County Pension Fund. 

 

3.  That the Head of Fund liaise with the Communications Teams at the County Council and Lancashire Pensions Partnership to publicise the performance and benefits of the Lancashire County Pension Fund both generally and as a means of attracting future employees.

 

 

 

 

 

Divisions affected: (All Divisions);

Lead officer: Mukhtar Master


15/10/2019 - Feedback from members of the Board on pension related training. ref: 17546    Recommendations Approved

A report on training which members of the Board have received since the last meeting and gives individuals an opportunity to provide feedback on their experience.

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

Mr Wallbank reported that the internal workshop on the risk framework which had taken place on the 11th September 2019 had been well received by attendees. It was also reported that Ms Parker and Mr Thompson had completed various online modules from the Pension Regulators Public Service Toolkit and the 2019/20 Training Record had been updated to reflect that.

 

Resolved: That the feedback given at the meeting in relation to the training received by members of the Board is noted.

 

 

 

 

Divisions affected: None;

Lead officer: Mike Neville


15/10/2019 - Update on Part II reports presented to the last Pension Fund Committee ref: 17550    Recommendations Approved

Part II reports presented to the Pension Fund Committee on the 20th September 2019.

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

(Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12 A of the Local Government Act 1972. It was considered that in all the circumstances of the case the public interests in maintaining the exemption outweighed the public interest in disclosing the information).

 

The Board considered a report on all the items presented to the Pension Fund Committee on the 20th September 2019 under Part II of the agenda and noted the following.

 

·  The Local Pensions Partnership was in the process of finalising its strategic plan which would be presented to the next meeting of the Pension Fund Committee on the 29th November 2019 and reported to the Board in January 2020. 

 

·  Whilst improvements had been made to date in relation to the pension administration service it was suggested that a strategic overview for the next 3 years in relation to people, culture and systems would be helpful.

 

·  Following the external audit of the Local Pensions Partnership the Committee had requested the Head of Internal Audit to liaise with the Chief Risk Officer from the Partnership to produce an update report for the November meeting on progress made in relation implementation of the Senior Management Board Action Plans.

 

Resolved: That the updates regarding reports considered by the Pension Fund Committee on the 20th September 2019 under Part II of the agenda and the decisions taken are noted.

 

Divisions affected: None;

Lead officer: Mike Neville


15/10/2019 - Update on Part I reports presented to the last Pension Fund Committee ref: 17545    Recommendations Approved

Part I items that were presented to the Pension Fund Committee on the 20th September 2019.

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

The Head of Fund presented a report on matters considered by the Pension Fund Committee on the 20th September 2019 under Part I of the agenda.

 

In considering the report the Board recognised the positive response from the External Auditor in relation to the Lancashire County Pension Fund.

 

The Board also acknowledged that Environmental Social Governance was a complex issue and noted the progress made to date by the Fund in relation to its established Responsible Investment Policy and investments. With regard to the current reporting to the Committee on responsible investment it was suggested that benchmarked data was required in order to enable progress to be tracked and it was noted that the developing Dashboard method of reporting would go some way towards that. The Head of Fund reminded members of the Board that arrangements were being made for representatives from the Local Authorities and Pension Fund Forum (LAPFF) to give a private briefing for the Pension Fund Committee and the Board in November 2019 regarding the function of LAPFF and specific work they do in relation to Climate Change.

 

Resolved: That the decisions taken by the Pension Fund Committee in relation to reports presented to the meeting on the 20th September 2019 are noted.

Divisions affected: None;

Lead officer: Mike Neville


15/10/2019 - Note of the meeting held on the 9th July 2019 and Minutes from the 30th April 2019 meeting. ref: 17540    Recommendations Approved

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

The Chair reminded the Board that the last meeting had been inquorate and asked members to approve the recommendations set out in the Note.

 

Resolved: That the Note of the meeting held on the 9th July 2019 is confirmed as an accurate record and the recommendations contained therein are approved.

 


15/10/2019 - Update on LPP Pension Administration Service ref: 17552    Recommendations Approved

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

(Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12 A of the Local Government Act 1972. It was considered that in all the circumstances of the case the public interests in maintaining the exemption outweighed the public interest in disclosing the information).

 

The Head of Fund reminded the board that a stabilisation plan was in place in relation to the pension administration service. The Board noted that there had been an improvement in performance but recognised that there was still further work to be done.

 

Resolved:

 

1.  That the Board continue to receive updates on the pension administration service.

 

2.  That arrangements be made for the Board to be given a briefing on the responsibilities of shareholders and the role/structure of the Local Pensions Partnership, Local Pensions Partnership Investments and the pension administration service.


15/10/2019 - Exclusion of Press and Public ref: 17549    Recommendations Approved

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

Resolved: That the press and public be excluded from the meeting during consideration of the following items of business on the grounds that there would be a likely disclosure of exempt information as defined in the appropriate paragraphs of Part I of Schedule 12A to the Local Government Act 1972, as indicated on each item. It is considered that in all the circumstances the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 


15/10/2019 - Date of Next Meeting ref: 17548    Recommendations Approved

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

It was noted that the next scheduled meeting of the Board would be held at 2.00pm on the 14th January 2020 in Meeting Room CHG: 04 at County Hall, Preston. Mr Wallbank presented his apologies as he would be unavailable on that date.

 

Mr Neville updated the Board on the arrangements for the Chair to meet with individual Board members on the 14th/15th January 2020 as part of the annual review process required by the Terms of Reference and confirmed that a programme of one to one meetings would be circulated shortly. 


15/10/2019 - Urgent Business ref: 17547    Recommendations Approved

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

No items of business were raised under this heading.

 


15/10/2019 - Disclosure of Pecuniary and Non-Pecuniary Interests ref: 17539    Recommendations Approved

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

Mr S Thompson and Ms Y Moult declared a non pecuniary interest in relation to item 14 on the agenda as they were employed by a local authority which owned a company referred to in the report. The interest was not considered sufficient to warrant their exclusion from the meeting during consideration of the item. 

 

No other declarations of interest were received in relation to items on the agenda.

 


15/10/2019 - Apologies ref: 17538    Recommendations Approved

Decision Maker: Lancashire Local Pension Board

Made at meeting: 15/10/2019 - Lancashire Local Pension Board

Decision published: 25/10/2019

Effective from: 15/10/2019

Decision:

The Chair welcomed County Councillor P Britcliffe to his first meeting as the newly appointed employer representative for the County Council. It was noted that no apologies had been received.

 

Resolved: That the Board place on record their thanks to County Councillor Wakeford for his contribution to the work of the Board.

 


15/10/2019 - Notice of Intention to Conduct Business in Private - Update Report on the Performance of Lancashire County Council's Waste Processing Facilities

Decision Maker: Cabinet Committee on Performance Improvement

Decision due date: 19/02/2020

Lead officer: William Maxwell

Notice of decision: 15/10/2019