Agenda and minutes

Cabinet - Thursday, 4th November, 2021 2.00 pm

Members of the public are welcome to attend our meetings to watch them in person at any of the venues across the County. Publicly accessible meetings held in County Hall will be webcast, which means they are available to be watched live or recorded on our website. Please see our webcasting notice here. The Committee may, in certain circumstances, resolve to hold part of the meeting in private. If this is the case, you will be required to leave the meeting.

Venue: Committee Room 'C' - The Duke of Lancaster Room, County Hall, Preston. View directions

Contact: Josh Mynott  Tel: (01772) 534580, Email:  josh.mynott@lancashire.gov.uk

Media

Items
No. Item

1.

Apologies for Absence

Minutes:

No apologies were received.

2.

Disclosure of Pecuniary and Non-Pecuniary Interests

Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

Minutes:

None

3.

Minutes of the Meeting held on 7 October 2021 pdf icon PDF 117 KB

Minutes:

Resolved: That the minutes of the meeting held on 7 October 2021 be confirmed as a correct record and signed by the Chair.

4.

Questions for Cabinet pdf icon PDF 181 KB

Additional documents:

Minutes:

A total of two questions by county councillors were asked at the meeting.  The questions and responses are attached to the minutes.

5.

Local Member Grants pdf icon PDF 176 KB

Minutes:

Cabinet considered a report proposing to re-introduce the Local Member Grant Scheme from 1 January 2022.

 

Resolved: That;

 

  1. Full Council be asked to approve that:

 

  1. The Local Member Grant Scheme be re-introduced from 1 January 2022.
  2. Each member be allocated a full year budget of £2,000 for grant within their division, with a pro rata amount of £500 for the period January to March 2022.
  3. Appropriate officer support be put in place to ensure the effective administration of the Local Member Grants.

 

  1. Subject to Full Council approval above, that:

 

  1. In accordance with section 236 of the Local Government and Public Involvement in Health Act 2007, all county councillors be authorised to take formal decisions on behalf of the county council, in relation to the awarding of Local Member Grants within their own divisions with effect from 1 January 2022.
  2. The rules and conditions of the grant scheme, as set out in the report, be noted.

6.

Money Matters 2021/22 Position - Quarter 2 pdf icon PDF 153 KB

Additional documents:

Minutes:

Cabinet considered a report that provided an update on the county council's 2021/22 revenue and capital financial position, as at the end of September 2021 and an updated medium-term financial strategy covering the period 2022/23 to 2024/25.

 

It was noted that the current medium-term financial strategy indicated an aggregated funding gap of £58.583m by 2024/25, a £5.395m decrease from the previously reported position at Quarter 1 of this financial year. The forecast funding gap for 2022/23 was now £30.470m which was an improved position of £4.356m from Period 1 resulting from further analysis on demand resulting in a reduction in the level of funding built into the previous medium-term financial strategy position. 

 

Resolved: That;

 

  1. The current forecast underspend of £16.441m on the revenue budget in 2021/22, be noted;
  2. The revised funding gap of £58.563m covering the period 2022/23 to 2024/25 as set out in the revised financial outlook forecast for the council, be noted;
  3. The budget adjustments for 2021/22, and following years' changes, included in the revised medium-term financial strategy, be approved;
  4. The contents of the county council's reserves position, be noted; and
  5. The revised 2021/22 capital delivery programme of £164.751m and the forecast outturn of £165.407m, be noted.

7.

Household Support Fund (06 October 2021 to 31 March 2022) pdf icon PDF 154 KB

Minutes:

Cabinet considered a report setting out the criteria and purpose of the Household Support Fund and it was noted that the fund was to provide support to upper tier local authorities in England, for expenditure lawfully incurred or to be incurred by them in accordance with the conditions of the Fund to provide support to households in the most need with food, energy and water bills.

 

Resolved: That;

 

  1. The principles of the funding options for the allocation of the Household Support Fund according to the criteria and process set out in the report, be approved;
  2. The Director of Strategy and Performance be authorised, in consultation with the Leader of the County Council, to approve the final detail of the scheme, including any other alternative options for the allocation of the grant in line with the principles set out and emerging government guidance; and
  3. The decision be implemented immediately for the purposes of Standing Order C29 as any delay could adversely affect the execution of the county council's responsibilities.

8.

Procurement Report pdf icon PDF 39 KB

Additional documents:

Minutes:

Cabinet considered a report seeking approval to commence the following procurement exercises in accordance with the county council's procurement rules:

 

  i.  Framework Agreement for the provision of cleaning materials; and

  ii.  Acceptance and recycling of mixed inert waste from waste facilities located in Lancashire.

 

Resolved: That, the commencement of procurement exercises for the following be approved:

 

  i.  Framework Agreement for the provision of cleaning materials; and

  ii.  Acceptance and recycling of mixed inert waste from waste facilities located in Lancashire.

9.

A601(M) Improvements - Revocation of Special Road Status pdf icon PDF 28 KB

Additional documents:

Minutes:

Cabinet considered a report that proposed the revocation of the special road status of the remaining 1.3 mile (2.1km) northern section of the A601(M) to allow a £9.245m refurbishment of the road to proceed.

 

Resolved: That, approval be given for the revocation of the special road designation of the remaining section of the A601(M) to the north of the Junction 35 roundabout and the Director of Corporate Services be authorised to carry out the necessary procedural steps and promote same for confirmation by the Secretary of State for Transport.

10.

Parking Restrictions on D'urton Lane, Broughton pdf icon PDF 121 KB

Additional documents:

Minutes:

Cabinet considered a report proposing to introduce a Traffic Regulation Order to prohibit parking in the vicinity of the turning head at the truncated end of D'urton Lane, Broughton, as part of the planning conditions for James Towers Way (Broughton Bypass).

 

Resolved: That, the proposal for the introduction of a prohibition of waiting restriction at the truncated end of D'urton Lane, Broughton, as set out in the plan attached at Appendix 'A' of the report, be approved.

11.

Extension of the Temporary Uplift to the Leaving Care Allowance pdf icon PDF 123 KB

Minutes:

Cabinet considered a report on extending the Temporary Uplift to the Leaving Care Allowance. It was reported that between April 2020 and October 2021, Lancashire County Council provided a temporary uplift to the Leaving Care Allowance of £20.00 per week, in line with the temporary increase of Universal Credit, to reduce the impact of the pandemic on eligible and relevant care leavers. Although the temporary increase of Universal Credit had now ceased, ending the temporary uplift of the Leaving Care Allowance at the current time would leave the care leavers vulnerable.

 

Resolved: That;

 

  1. The continued temporary uplift of Leaving Care Allowance of £20.00 per week, for eligible and relevant care leavers living in (semi-) independent accommodation until 31 January 2022, and for former relevant care leavers for a period of 5 weeks, to cover the waiting period after having made their first ever Universal Credit claim before 31 January 2022, be approved; and
  2. The decision be implemented immediately for the purpose of Standing Order C28(3) as any delay could adversely affect the execution of the county council's responsibilities.

12.

Developing Provision for Children and Young People with Special Educational Needs and Disabilities - Proposal for the Expansion of Thornton Cleveleys Red Marsh School pdf icon PDF 418 KB

Please note that Appendix 'D' to this report is in Part II and appears as Item No. 23 on the Agenda.

Additional documents:

Minutes:

Cabinet considered a report that provided the outcomes of the feasibility studies and consultation that had been completed in relation to a proposal to expand Thornton Cleveleys Red Marsh School.

 

Resolved: That;

 

  i.  After considering the results of the formal consultation, following the publication of the statutory proposal and, subject to the detailed analysis of the consultation responses and the Equality Impact Assessment which was shared with Cabinet ahead of the meeting, approval be given to the creation of a separate 'satellite' provision to expand Thornton Cleveleys Red Marsh School, to increase the number of special school places from 94 to 124; and

  ii.  The funding as set out at Appendix 'C' of the report, be approved.

13.

The Future of Maintained Nursery Provision at Edisford Primary School, Clitheroe pdf icon PDF 229 KB

Please note that Appendix 'B' to this report is in Part II and appears as Item No. 24 on the Agenda.

Additional documents:

Minutes:

Cabinet considered a report requesting the authority to start the formal statutory process, to consult on the proposal to cease the maintained nursery provision, by permanently reducing the age range at the school from 3 year olds – 11 year olds (Nursery 2 to Year 6) to 4 year olds – 11 year olds (Reception to Year 6), with effect from 1 April 2022. 

 

Resolved: That, the publication of a Statutory Notice, to begin the consultation period on the future of the maintained nursery provision currently delivered at Edisford Primary School, Clitheroe, be approved.

14.

Joint Lancashire Local Flood Risk Management Strategy 2021 – 2027 pdf icon PDF 172 KB

Additional documents:

Minutes:

Cabinet considered a report seeking approval for the final draft of the joint Lancashire Local Flood Risk Management Strategy 2021 – 2027 as set out at Appendix 'A' of the report.

 

In presenting the report, it was noted that the joint Lancashire Local Flood Risk Management Strategy 2021 – 2027 had been compiled jointly between Lancashire County Council, Blackpool Council and Blackburn-with-Darwen Council.

 

Resolved: That, the joint Lancashire Local Flood Risk Management Strategy 2021 – 2027 to fulfil the county council's duty under Section 9 of the Flood and Water Management Act 2010, be approved.

16.

Urgent Decisions taken by the Leader of the County Council and the relevant Cabinet Member(s)

The following urgent decisions have been taken by the Leader of the County Council and the relevant Cabinet Member(s) in accordance with Standing Order C16(1) since the last meeting of Cabinet, and can be viewed by clicking on the relevant links:

 

-  Supply and Distribution of Groceries, Soft Drinks and Frozen Foods

-  Lancashire Complex Children's Home Capital Bid

-  Household Support Fund (06 October 2021 to 31 March 2022)

Minutes:

Resolved: That the three urgent decisions taken by the Leader of the County Council and the relevant Cabinet Members, since the last meeting of Cabinet, be noted.

17.

Urgent Business

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.  Wherever possible, the Chief Executive should be given advance warning of any Member’s intention to raise a matter under this heading.

Minutes:

There were no items of Urgent Business to be considered in Part I of the agenda.

18.

Date of Next Meeting

The next meeting of Cabinet will be held on Thursday 2 December 2021 at 2.00pm at County Hall, Preston.

Minutes:

It was noted that the next meeting of Cabinet would be held at 2pm on Thursday 2 December 2021 at County Hall, Preston.

19.

Notice of Intention to Conduct Business in Private

No representations have been received.

 

Click here to see the published Notice of Intention to Conduct Business in Private.

Minutes:

Cabinet noted the Notice of Intention to Conduct Business in Private and that no representations had been received.

20.

Exclusion of Press and Public

The Cabinet is asked to consider whether, under Section 100A(4) of the Local Government Act 1972, it considers that the public should 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 paragraph of Part I of Schedule 12A to the Local Government Act 1972 as indicated against the heading to the item.

 

Minutes:

Resolved: That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item of business on the grounds that there would be a likely disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 12A to the Local Government Act 1972 as indicated against the heading to the item.

21.

Land Disposal

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Cabinet considered a report on a land disposal.

 

Resolved: That, the recommendations as set out in the report, be approved.

22.

Request for Waiver of Procurement Rules - Independent Advisor Pension Fund

Exempt information as defined in Paragraphs 1, 2 and 3 of Part I of Schedule 12A to the Local Government Act 1972. The report contains information relating to any individual; information which is likely to reveal the identity of an individual; and information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

Exempt information as defined in Paragraphs 1, 2 and 3 of Part I of Schedule 12A to the Local Government Act 1972. The report contains information relating to any individual; information which is likely to reveal the identity of an individual; and information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Cabinet considered a report on extending the contract of an Independent Advisor to the Pension Fund.

 

Resolved: That, the recommendations as set out in the report, be approved.

23.

Ormskirk Eastern Gateway

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Cabinet considered a report on the Ormskirk Eastern Gateway.

 

Resolved: That, the recommendations as set out in the report, be approved.

24.

Appendix D of Item 12 - Developing Provision for Children and Young People with Special Educational Needs and Disabilities - Proposal for the Expansion of Thornton Cleveleys Red Marsh School

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The appendix contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The appendix contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Resolved: That, Appendix D of Item 12 - Developing Provision for Children and Young People with Special Educational Needs and Disabilities - Proposal for the Expansion of Thornton Cleveleys Red Marsh School, be noted.

15.

Appendix B of Item 13 - The Future of Maintained Nursery Provision at Edisford Primary School, Clitheroe

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The appendix contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The appendix contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Resolved: That, Appendix B of Item 13 - The Future of Maintained Nursery Provision at Edisford Primary School, Clitheroe, be noted.

25.

Home Care Fees

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Cabinet considered a report on reviewing the fees paid to the Homecare Framework providers.

 

Resolved: That, the recommendations as set out in the report, be approved and the decision be implemented immediately for the purpose of Standing Order C28(3) as any delay could adversely affect the execution of the county council's responsibilities.

26.

Urgent Business

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.  Wherever possible, the Chief Executive should be given advance warning of any Member’s intention to raise a matter under this heading.

Minutes:

26a

Works Contract for Barnoldswick Church of England Primary School - Defective Roof Replacement

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The report contains information relating to the financial or business affairs of any particular person (including the authority holding that information). It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Cabinet considered a report on a Works Contract for Barnoldswick Church of England Primary School

 

In presenting the report it was noted that the reason for urgency was due to the roofing problems and the current remedial works programme were causing considerable disruption to the school, preventing the school from operating at full capacity, causing inconvenience for the pupils and affecting the school's ability to maintain a COVID safe environment due to access restrictions.

 

Resolved: That, the recommendations as set out in the report, be approved.