Agenda and minutes

Apologies were received from the Leader of the Council, County Councillor Philippa Williamson.

In the absence of the Leader of the Council, County Councillor Alan Vincent, Cabinet Member for Resources, HR and Property (Deputy Leader), Chaired the meeting.

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.

None.

Resolved: That the minutes of the meeting held on 1 December 2022 be confirmed as a correct record and signed by the Chair.

To answer any verbal questions and supplementary questions from a county councillor, about any matter which relates to any item under Part I on the agenda for this meeting under Standing Order C35(7).

To submit a question to Cabinet, click here.

There will be a maximum of 30 minutes for the questions to be asked and answered.

There were no questions received.

Cabinet thanked Phil Green, Executive Director of Growth, Environment, Transport and Community Services, and all the officers involved in Lancashire's successful Levelling up Bids.

Cabinet considered a report on the medium-term financial strategy for 2023/24 - 2026/27. It was noted that the Provisional Financial Settlement was announced on 19 December 2022 by the Government which provided local authorities with detailed allocations of funding for the next financial year. A revised medium-term financial strategy had been prepared as at Quarter 3 and included all implications of the Provisional Settlement.

Resolved: That

1. The revised funding gap of £15.526m covering the period 2023/24 to 2026/27 as set out in the revised financial outlook forecast for the council, be noted;
2. Approval be given for the budget adjustments for 2022/23, and following years' changes, included in the revised medium-term financial strategy; and
3. The contents of the county council's reserves position, be noted.

Please note that Appendices 'B' – 'E' to this report are in Part II and appear as Item No. 21 on the Agenda.

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

1. Living Well at Home (formerly referred to as Home Care and Intermediate Care)
2. Provision of Technology Enabled Care Service
3. Provision of Mental Health Rehabilitation Service
4. Smokefree Lancashire – Tobacco Dependency Service
5. A601(M) Maintenance Project.

It was noted that Appendices 'B' – 'E' of this report were in Part II and appeared as Item No. 21 on the agenda.

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

1. Living Well at Home (formerly referred to as Home Care and Intermediate Care)
2. Provision of Technology Enabled Care Service
3. Provision of Mental Health Rehabilitation Service
4. Smokefree Lancashire – Tobacco Dependency Service
5. A601(M) Maintenance Project.

Cabinet considered a report that set out a revised policy for community ownership of surplus land or buildings deemed to be 'community assets' which are either listed as Assets of Community Value or qualify for Community Asset Transfer.

Resolved: That the Community Assets Policy 2023, as attached at Appendix 'A' of the report, be approved.

Louise Taylor, Executive Director of Adult Services and Health and Wellbeing, left the meeting during consideration of this item.

Cabinet considered a report that set out the rationale for sharing the services of the county council's Executive Director of Adult Services and Health and Wellbeing with the Lancashire and South Cumbria Integrated Care Board on the basis of 80 per cent Integrated Care Board, 20% county council.  It was proposed that this be achieved by way of a secondment agreement with the Director of Corporate Services authorised, in consultation with the Interim Director of People, to finalise terms. 

Resolved: That

1. The secondment of the Executive Director of Adult Services and Health and Wellbeing to the Lancashire and South Cumbria Integrated Care Board for 80% of her working time to take up the role of Director of Health and Care Integration be approved in principle; and
2. The Director of Corporate Services be authorised, in consultation with the Interim Director of People, to negotiate and agree appropriate secondment agreement terms with the Lancashire and South Cumbria Integrated Care Board (subject to the agreement of the Executive Director of Adult Services and Health and Wellbeing).

Cabinet considered a report on a new Highways and Transport Strategy for Lancashire County Council covering the period 2023-25.

Resolved: That the Lancashire County Council Highways and Transport Strategy 2023-25, as set out at Appendix 'A' of the report, be approved.

Cabinet considered a report on the revised update of the Estate Road Specification. The Estate Road Specification applies to works in, under, or over an existing or proposed vehicular highway by a third party under an agreement with the highway authority under S278 or S38 Highways Act 1980. It specifies the design criteria, the standards of materials and workmanship to be used, the ways and methods works should be carried out and the testing and quality standards that must be met in construction. It was noted that the existing Estate Road Specification was last updated in 2011 and since then, there had been significant developments in principles of design, in particular active travel and an increased focus on sustainability and carbon reduction.

Resolved: That

1. The proposed revised Estate Road Specification, as set out at Appendix 'A' of the report, be approved; 
2. The Director of Strategy and Performance be authorised, in consultation with the Cabinet Member for Highways and Transport, to publish the revised Estate Road Specification; and
3. The Head of Service - Asset Management be authorised to approve ongoing revisions to the Estate Road Specification, as required as a result of revisions to national policy and standards.

Please note that Appendix 'A' to this report is in Part II and appears as Item No. 22 on the Agenda.

Cabinet considered a report that provided an update on the implementation of the Special Educational Needs and Disabilities Sufficiency Strategy and identified proposals to increase the range and amount of specialist provision available in different locations across Lancashire. 

It was noted that Appendix 'A' of the report was in Part II and appeared at Item No. 22 on the agenda.

Resolved: That, following consideration of the results of the informal consultation to expand and increase the number of school places at Kingsbury Primary School, Skelmersdale:

1. The issuing of the statutory notices and the initiation of the formal consultation process required to make the changes be approved;
2. The initiation of feasibility studies and the informal consultation process to establish Special Educational Needs units be approved at the following mainstream schools:

·  Thornton Primary School;

·  Calder Vale St John Church of England Primary School, Garstang;

·  Park Primary School, Colne;

·  Mount Carmel Roman Catholic High School, Hyndburn.

3. The Executive Director of Education and Children's Services be authorised, in consultation with the Cabinet Member for Education and Skills, to review the outcomes of the informal consultation and whether to proceed with the formal consultations to establish Special Educational Needs units at these schools.

Cabinet considered a report on the residential element of Bleasdale School, Silverdale, which is an all through school for pupils with profound and multiple learning difficulties in the north of Lancashire.

Resolved: That

1. The proposal to carry out an informal consultation to remove the boarding provision at Bleasdale School, be approved;
2. The Executive Director of Education and Children's Services be authorised, in consultation with the Cabinet Member for Education and Skills, to review the outcomes of the informal consultation and whether to proceed with the formal consultation to remove the boarding provision at Bleasdale School; and
3. It be noted that Cabinet would be presented with the results of the formal consultation in due course and asked to make a final decision about whether to approve the permanent removal of boarding provision at Bleasdale School.

Please note that Appendices 'A', 'B' and 'C' to this report are in Part II and appear as Item No. 23 on the Agenda.

Cabinet considered a report providing the outcome of the feasibility study and informal consultation in relation to a proposal to create a free special school for primary aged pupils presenting with social, emotional and mental health needs on the site of the former Firbank Children's Centre, which is on the same site as Castle View Primary School in Lancaster.

It was noted that Appendices 'A', 'B' and 'C' of the report were in Part II and appeared at Item No. 23 on the agenda.

Resolved: That

1. The establishment of a free school for children with social emotional and mental health needs in the north of the county through the free school presumption process, be approved;
2. The early appraisal of costs, subject to the preparation of a fully costed estimate, be approved; and
3. The Executive Director of Education and Children's Services be authorised, in consultation with the Cabinet Member for Education and Skills, and in conjunction with the Department for Education, to recruit a sponsor.

Cabinet considered a report seeking the approval of Cabinet to submit the Schools Block budget pro-forma and approval for the Early Years, High Needs and Central Schools Services Block budgets for 2023/24, in accordance with the Government's school funding Regulations and Guidance.

It was noted that Appendix 'B' of the report was circulated to Cabinet after the agenda publication and is attached to the minutes.

Cabinet expressed thanks to the Lancashire Schools Forum and officers for the work they had undertaken.

Resolved: That

1. The report, including the 2023/24 Dedicated Schools Grant allocations, the final budget proposals for each funding block and any comments made by the Lancashire Schools Forum be noted;
2. The Principal Accountant – Schools Finance be authorised to submit the final Schools Block budget pro-forma for 2023/24 to the Education and Skills Funding Agency by 20 January 2023, on the basis set out in the report;
3. The 2023/24 budgets for the Early Years, High Needs and Central Schools Services Blocks and local proposals for the High Needs Supplementary Grant allocation for 2023/24 be approved;
4. Approval be given to the Dedicated Schools Grant Reserve underwriting the uncertainties around the 2023/24 Schools Budget; and
5. The decision be implemented immediately for the purposes of Standing Order C28(3) as any delay could adversely affect the execution of the county council's responsibilities. The reason for this is to ensure that the necessary pro-forma can be submitted to the Education and Skills Funding Agency by the required deadline of 20 January 2023.

Cabinet considered a report seeking approval to consult publicly on the draft revised Statement of Community Involvement, the county council's policy on how local residents and other stakeholders will be engaged in the preparation of planning policies and the determination of planning applications.

Resolved: That the draft revised Statement of Community Involvement, attached at Appendix 'A' of the report, to go out to public consultation, be approved.

The following urgent decision has been taken by the Leader of the County Council in accordance with Standing Order C16(1) since the last meeting of Cabinet, and can be viewed by clicking on the link below:

-  Foundation Living Wage

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

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.

There were no items of Urgent Business.

The next meeting of Cabinet will be held on Thursday 2 February 2023 at 2.00 pm at County Hall, Preston.

It was noted that the next meeting of Cabinet would be held at 2pm on Thursday, 2 February 2023 at County Hall, Preston.

No representations have been received.

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

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

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.

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.

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendices 'B' - 'E' contain 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.

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendices 'B' - 'E' contained 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 Appendices 'B' to 'E' of Item 6 - Procurement Report, be noted.

Exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendix 'A' contains information relating to any individual and information which is likely to reveal the identity of an individual. 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.

Exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendix 'A' contained information relating to any individual and information which is likely to reveal the identity of an individual. 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 'A' of Item 11 - Increase in the Number of Places at Kingsbury Special School, Skelmersdale and Establishment of Special Educational Needs Units across Lancashire, be noted.

Appendix 'A' - Exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendix 'A' contains information relating to any individual and information which is likely to reveal the identity of an individual. 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.

Appendices 'B' and 'C' - Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendices 'B' and 'C' contain 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.

Exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendix 'A' contained information relating to any individual and information which is likely to reveal the identity of an individual. Appendices 'B' and 'C' contained 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. 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 Appendices 'A', 'B' and 'C' of Item 13 - Special Educational Needs and Disabilities Sufficiency Strategy - North Area, Creation of a Free School for children with Social, Emotional and Mental Health Needs, be noted.