Agenda and minutes

Cabinet - Thursday, 2nd February, 2023 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 'B' - The Diamond Jubilee Room, County Hall, Preston. View directions

Contact: Josh Mynott 

Media

Items
No. Item

1.

Apologies for Absence

Minutes:

Apologies were received from County Councillor Azhar Ali OBE.

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:

County Councillor Michael Green declared a Non-Pecuniary interest in relation to Agenda Item 17 - Update on the School Place Planning Delivery Programme 2023-25, as he was an ad-hoc exam invigilator at the Academy@Worden which was one of the schools listed in the report.

3.

Minutes of the Meeting held on 19 January 2023 pdf icon PDF 325 KB

Minutes:

Resolved: That the minutes of the meeting held on 19 January 2023 be confirmed as a correct record and signed by the Chair.

4.

Questions for Cabinet pdf icon PDF 547 KB

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).

 

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

Additional documents:

Minutes:

There were two questions received from county councillors and 28 questions received from members of the public.

 

It was noted that members of the public who submitted their questions by the deadline would receive a response within 5 working days of the meeting. Cabinet thanked all the members of public who had submitted questions.

 

A copy of the questions and responses is attached to the minutes.

5.

South Lancaster to M6 Road Scheme: Link Road and Park and Ride Facility pdf icon PDF 265 KB

Additional documents:

Minutes:

Cabinet considered a report seeking approval to take forward the South Lancaster to M6 Road Scheme by proposing an altered route of the Link Road, the removal of a reconfigured M6 Junction 33 (specifically removal of new north facing slip roads) and proposing an alternative site for a Park and Ride facility. This proposal would also provide for acquisition of rights, interests and enabling arrangements in respect of land for the scheme, and also preparatory work for the use of compulsory purchase powers for the same. 

 

Resolved: That

 

  1. The provision of the altered Link Road (Appendix 'A' of the report) and alternative site for a Park and Ride facility (Appendix 'B' of the report), be approved;
  2. The route, as shown at Appendix 'A' of the report, be approved and adopted as the route of the Link Road;
  3. The use of the county council's powers of Compulsory Purchase contained in the Highways Act 1980, and all and any other enabling legislation, to acquire all the necessary land and rights for the construction/improvement and future maintenance for the South Lancaster to M6 Road Scheme (including the new Link Road, the Spine Road serving a Bailrigg Garden Village and a Hazelrigg Lane Park and Ride facility), be approved;
  4. The preparation of Compulsory Purchase and Side Road Orders for the South Lancaster to M6 Road Scheme and other appropriate Notices, Orders and Schemes under the relevant statutes and the taking of all other procedural steps in connection with the making of the Orders and Schemes be authorised, prior to approval and sealing and making of the formal Orders and Schemes; and
  5. The acquisition by agreement in advance of Compulsory Purchase powers of all rights, interests, and enabling arrangements to facilitate the South Lancaster to M6 Road Scheme, be approved.

 

6.

Corporate Performance Report - 2022/23 Quarter 3 pdf icon PDF 163 KB

Additional documents:

Minutes:

Cabinet considered a report providing an overview of the key performance indicators as well as corporate risks and opportunities to enable monitoring against the four priorities of the corporate strategy:

 

  • Delivering better services
  • Protecting our environment
  • Supporting economic growth
  • Caring for the vulnerable

 

This report covered quarter 3 of 2022-23 and it was noted that of the 77 Key Performance Indicators in the Corporate Performance Dashboard, 40 have been updated for Quarter 3. Of these, 23 (57.5%) are rated as Green, 9 (22.5%) are Amber and 8 (20%) are Red.

 

In commenting on the report, it was highlighted how quickly library staff had adapted to the Warm and Welcome Public Spaces plan, which allowed members of the public to enter a safe environment, take a seat, enjoy a warm drink, use the computer and wi-fi services, and to get advice and support when needed.

 

Resolved: That, following consideration of the report and the additional information set out in Appendices 'A' to 'C', the report be noted.

7.

Money Matters Quarter 3 Report 2022/23 pdf icon PDF 379 KB

Additional documents:

Minutes:

Cabinet considered a report that provided an update on the county council's 2022/23 revenue and capital financial position and made recommendations to Full Council in respect of the 2023/24 budget and council tax levels, including the proposed capital delivery programme.

 

It was noted that like all other councils, the county council continued to experience increases in demand, particularly in relation to Adults and Children's Social Care, and increasing cost pressures. Many of the underlying causes were outside of the council’s control however through proactive management the forecast outturn for 2022/23 had reduced from £7.991m to £2.521m and the county council was focused on driving this down further.

 

Following consideration of the report, it was proposed that an additional recommendation be added for Full Council to be asked to approve an increase the Local Member Grant budget by £500 for each Member for the 2023/24 financial year only, in recognition of the Coronation of His Majesty King Charles III on 6 May.

 

Resolved: That

 

  1. Full Council on 9 February 2023 be asked to approve a Band D Council Tax for 2023/24 reflecting a 3.99% increase including 2% to be used for adult social care in line with the new flexibilities;
  2. The revised funding gap of £9.501m in 2023/24 be noted and Full Council on 9 February 2023 be asked to approve that this be met from the uncommitted transitional reserve;
  3. Full Council on 9 February 2023 be asked to approve an indicative capital delivery programme of £239.859m in 2023/24;
  4. The current forecast overspend of £2.521m on the revenue budget in 2022/23, the revised 2022/23 capital delivery programme of £222.900m with a forecast outturn of £163.566m, be noted; and
  5. The advice of the council’s Chief Finance Officer with regard to the robustness of the budget and the adequacy of reserves, be noted.
  6. Full Council on 9 February 2023 be asked to approve an increase to the Local Member Grant budget by £500 for each Member for the 2023/24 financial year only, in recognition of the Coronation of His Majesty King Charles III on 6 May.

8.

Capital Strategy for Schools – Condition Led Capital Investment Programme 2023/24 pdf icon PDF 363 KB

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

Minutes:

Cabinet considered a report that proposed the allocations of school's capital funding to address a further phase of high priority building condition repairs on Community, Voluntary Controlled and Maintained Schools in Lancashire.

 

It was noted that Appendix 'A' of the report was in Part II and appeared at Item No. 23 on the agenda.

 

Resolved: That

 

  1. The proposed list of maintenance schemes in Lancashire schools, as detailed at Appendix 'A' of the report, totalling £13.977m be approved as a further phase of high priority school repairs, subject to the grant settlement being £14.000m; and
  2. The Executive Director for Education and Children's Services, the Director of Strategy and Performance and the Director of Finance be authorised, in consultation with the Cabinet Member for Education and Skills, to approve any adjustments necessary once the final funding settlement is announced.

 

9.

Oliver's Place and Pittman Way, Preston - Bus Service Improvement Plans pdf icon PDF 266 KB

Additional documents:

Minutes:

Cabinet considered a report that proposed additional lengths of No Waiting At Any Time on Oliver's Place and Pittman Way, Preston. The report summarised the proposals and provided details of the formal advertising and consultation and officer responses to the objections received.

 

Resolved: That the implementation by making the Order for additional lengths of No Waiting At Any Time, Oliver's Place & Pittman Way, Preston, as shown on Appendices 'A' and 'B' of the report, be approved.

10.

Transforming Friargate North and Ring Way - Various Orders and Approvals pdf icon PDF 501 KB

Additional documents:

Minutes:

Cabinet considered a report that proposed to make five traffic regulation orders, a speed limit order, approve clearways and speed cushions and introduce zebra crossings and other measures as part of the Transforming Cities Fund project.

 

Resolved: That the following, as set out in full in the draft orders and proposals at Appendix 'D' of the report, be approved:

 

  1. The making of five Road Traffic Regulation Orders providing for new and existing prohibitions and restrictions on the various lengths of road within Preston City areas as detailed within the report and as set out in the Draft Orders at Appendix 'D' of the report, save for:

 

a.  Provision (b) in Schedule 4 of the Road Traffic Regulation Act 1984 Lancashire County Council (Corporation Street Area, Preston, Preston City) (Revocations and Various Moving Restrictions) Order 202* being one way traffic restriction (except pedal cycles) on Heatley Street which said provision be abandoned.

 

  ii.  The introduction of bus stop clearways on Corporation Street;

  iii.  The introduction of speed cushions on Wellfield Road and Ashton Street;

  iv.  The removal and introduction of bus stop clearways on Ring Way;

  v.  The removal of bus stop clearways on Friargate;

  vi.  The removal of a pedestrian crossing on Friargate;

  vii.  The making of Road Traffic Regulation Act 1984 Lancashire County Council (Orchard Street Areas, Preston, Preston City) (Revocation, Prohibition of Driving and One Way Traffic) Order 2023; and

 viii.  The making of Road Traffic Regulation Act 1984 Lancashire County Council (Friargate North Area, Preston, Preston City) (20mph Speed Limit) Order 2023.

 

11.

Adult Social Care - Provider Fees Uplift 2023/24 pdf icon PDF 393 KB

Additional documents:

Minutes:

Cabinet considered a report that set out the county council's proposed fee uplifts for adult social care services for 2023/24, the financial impact of which had been reflected in the Medium-Term Financial Strategy.

 

In considering the report, it was noted that on page 5 of the report (page 219 in the agenda), at the bottom of the page, it said "The current framework ends in November 2023 and therefore the recommended uplifts will only apply from that date." However, it should read "The current framework ends in November 2023 and therefore the recommended uplifts will only apply from April 2023 up to that date."

 

Resolved: That the following uplifts be approved, with effect from 3 April 2023:

 

 

Market area

Proposed increase

1

Residential and nursing care

 

Weekly older people's approved residential care rates

 

 

§  Nursing Standard

16% *

 

§  Nursing Dementia

16% *

 

§  Residential Standard

20% ^

 

§  Residential Higher

16% *

 

§  Residential Dementia

16% *

 

*11% base uplift + 5% fair cost of care premium whilst funding remains

 

^11% base uplift + 9% fair cost of care premium whilst funding remains

 

§  Mental Health and Learning Disability Residential/Nursing

10.86%

 

§  Council Run Residential Self Funder Rate

 

10.86%

 

Residential and nursing care – All other client groups

 

10.86%

2

Homecare (all client groups)

 

 

§  Off framework providers

Per contract

 

§  Framework providers

12.62%

 

3

Supported Living

 

 

§  Waking hour rate

9.41%

 

§  Sleep in rate (per shift)

9.41%

 

4

Extra Care

 

 

§  Sheltered schemes with 24 hour domiciliary care

9.41%

 

§  Other schemes including purpose built Extra Care

9.41%

 

5

 

Direct Payments

 

9.41%

 

6

 

Carers

 

10.10%

 

7

 

Shared Lives

 

10.10%

 

8

 

Day Care

 

10.35%

 

9

 

Respite and Individual Service Funds

 

Uplift in line with relevant service (e.g. homecare/residential care)

 

10

Intermediate Care covering the following services:

-  Reablement

-  Home First

-  Hospital Aftercare

-  Crisis

 

 

9.41%

11

Discharge to assess residential and nursing placements

No automatic uplift

 

 

12

Roving Nights

9.41%

 

13

Prescription Equipment

10.1%

 

12.

Joint Policy for the Management of Section 117 Aftercare, Reviews and Discharge pdf icon PDF 266 KB

Additional documents:

Minutes:

Cabinet considered a report on the Joint Policy for the Management of Section 117 Aftercare, Reviews and Discharge. It was noted that under the Care Act 2014 and Mental Health Act 1983, local authorities and Integrated Care Boards had a joint duty to arrange the provision of mental health "aftercare" services, for people who had been detained in hospital for treatment under certain sections of the 1983 Act. A Joint Policy for the Management of Section 117 Aftercare, Reviews and Discharge had therefore been developed by partners in the Lancashire and South Cumbria Integrated Care System.

 

Resolved: That the Joint Policy for the Management of Section 117 Aftercare, Reviews and Discharge, as set out at Appendix 'A' of the report, be approved.

13.

Children and Young People's Participation Strategy pdf icon PDF 168 KB

Additional documents:

Minutes:

Cabinet considered a report on the Children and Young People's Participation Strategy. It was noted that the Children and Young People's Participation Strategy had been produced to support the work of services working with children and young people in Lancashire, both within the local authority and across the county council's partnership arrangements.

 

Resolved: That

 

  1. The Lancashire Children and Young People's Participation Strategy, as set out at Appendix 'A' of the report, be approved; and
  2. The Executive Director of Education and Children's Services be authorised, in consultation with the Cabinet Member for Children and Families, to review and refine the Strategy, through ongoing engagement and participation with children and young people and, where there are areas for partnership action, with relevant partner organisations.

 

14.

Co-ordinated Admissions Scheme 2024/2025 - Determination of the Qualifying Scheme pdf icon PDF 151 KB

Additional documents:

Minutes:

Cabinet considered a report on the determination of the statutory scheme and the mandatory timetable for co-ordinating admissions for Lancashire's primary and secondary schools and academies for 2024/2025. 

 

Resolved: That

 

  1. Approval be given for the scheme listed at Appendix 'A' of the report, and its accompanying timetable in Appendix 'B' of the report, to be adopted as the qualifying scheme for admissions to Lancashire primary and secondary schools and academies for 2024/2025; and
  2. The Executive Director of Education and Children's Services be authorised to secure the adoption of the scheme by the governing body of each Lancashire voluntary aided and foundation school and academy, in order to inform the Secretary of State for Education that a scheme had been introduced in Lancashire. 

 

15.

Determination of Admission Arrangements for Community and Voluntary Controlled Primary and Secondary Schools and Sixth Forms for the School Year 2024/2025 pdf icon PDF 152 KB

Additional documents:

Minutes:

Cabinet considered a report on the determination of the admission arrangements for community and voluntary controlled primary and secondary schools and sixth forms schools for the school year 2024/2025.

 

Resolved: That

 

  1. The admission numbers and admission arrangements for community and voluntary controlled primary schools, secondary schools and sixth forms for 2024/2025 as listed at Appendices 'A', B', 'C' and 'D' of the report, be approved;
  2. The issues raised by Community and Voluntary Controlled Governing Bodies and the Community be noted, and approval be given to the recommendations set out in response, as set out in Appendix 'E' of the report; and
  3. The admission numbers and criteria for admission set out at Appendices 'A', 'B', 'C' and 'D' of the report be approved, to constitute the Authority's admission arrangements for 2024/2025.

 

16.

Determination of Home to School Transport Policy - Academic Year 2024/2025 pdf icon PDF 166 KB

Additional documents:

Minutes:

Cabinet considered a report on the annual review of the Home to School Transport policy. It was noted that there were no changes to the determined policy for the academic year 2024/2025.

 

Resolved: That the Home to School Transport Policy for the academic year 2024/2025 as set out at Appendix 'A' of the report, be approved.

17.

Update on the School Place Planning Delivery Programme 2023-25 pdf icon PDF 425 KB

Please note that Appendix 'A' to this report is in Part II and appears as Item No. 25 on the Agenda.

Minutes:

Cabinet considered a report that provided an update on the School Place Planning Delivery Programme for 2023-25 and sought approval of projects identified to address the projected shortfall of primary and secondary school places.

 

It was noted that Appendix 'A' of the report was in Part II and appeared at Item No. 25 on the agenda.

 

Resolved: That

 

  1. The following be approved:

 

  1. The proposal to temporarily expand Newton Bluecoat Church of England Primary School by 1 form of entry, by increasing the published admission number from 30 to 60 for 2023/24 only.
  2. The capital allocation for the Newton Bluecoat Church of England Primary school project set out at Appendix 'A' of the report.
  3. The statutory consultation on a proposed enlargement scheme in Brierfield primary planning area.
  4. The proposal to permanently expand Lea Community Primary School by 1 form of entry, by increasing the published admission number from 30 to 60 with effect from 2023/24, gradually increasing the school's capacity from 210 to 420.
  5. The capital allocation for the Lea Community Primary School project set out at Appendix 'A' of the report.
  6. A statutory consultation on the proposal to permanently expand Cottam Primary School by 1 form of entry, by increasing the published admission number from 30 to 60 with effect from 2023/24, gradually increasing the school's capacity from 210 to 420 pupils. 
  7. The proposal to temporarily expand Garstang Academy by 1 form of entry, by increasing the published admission number from 174 to 204 for 2023/24 only. 
  8. The capital allocation set out at Appendix 'A' of the report to permanently expand Lostock Hall Academy, enabling a 35 place increase to the published admission number, gradually increasing the academy's capacity from 600 to 775 from 2023/24.
  9. The capital allocation set out at Appendix 'A' of the report to permanently expand Academy@Worden, enabling a 62 place increase to the published admission number, gradually increasing the academy's capacity from 590 to 900 from 2023/24.
  10. The proposal to permanently increase the published admission number of Longridge High School by 15 places from 2023/24, and by a further 30 places from 2024/25, gradually increasing the school's capacity from 825 to 1,050.
  11. The capital allocation for the Longridge High School project set out at Appendix 'A' of the report.
  12. The capital allocation set out at Appendix 'A' of the report to permanently expand Bowland High, enabling a 30 place increase to the published admission number, gradually increasing the Academy's capacity from 550 to 700 from 2023/24.
  13. The capital allocation set out at Appendix 'A' of the report to permanently expand Clitheroe Royal Grammar School, enabling a 30 place increase to the published admission number, gradually increasing the academy's capacity from 750 to 900 from 2023/24.

 

  1. The ongoing consultations for a proposed new primary and secondary school in Preston, be noted.

 

18.

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

There were no urgent decisions taken since the last meeting of Cabinet.

Minutes:

There were no urgent decisions taken since the last meeting of Cabinet.

19.

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:

It was noted that there was one item of Urgent Business in relation to funding to support the Adult Care Market.

19a

Market Sustainability - Funding to Support the Adult Care Market pdf icon PDF 292 KB

Minutes:

Cabinet considered a report regarding the provision of financial support to providers of adult social care who contract with Lancashire County Council. The proposal would utilise specific government funding, which had been provided to ensure both adult social care market sustainability and to support the NHS to safely discharge people home from hospital or to avoid admissions.

 

It was noted that the reason for urgency of the report was due to the decision on the overall use of Discharge funding only being made recently through external NHS governance, and the urgency of the support required by the care market in order for providers to utilise the monies to maintain support levels and meet demand for care and support.

 

Resolved: That

 

  1. The utilisation of the following funding be approved:

 

·  £1.2m Fair cost of care funding available for 2022-23.

·  £0.6m Discharge funding to support the provider market. 

 

  1. Approval be given to use the recommended mechanism as detailed within the report, for the allocation of funding to providers.
  2. 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.</AI20>

<AI21>

 

20.

Date of Next Meeting

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

21.

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.

22.

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.

23.

Appendix 'A' of Item 8 - Capital Strategy for Schools – Condition Led Capital Investment Programme 2023/24

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendix 'A' 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. Appendix 'A' 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 Appendix 'A' of Item 8 - Capital Strategy for Schools – Condition Led Capital Investment Programme 2023/24, be noted.

24.

Contract Extensions: Supported Accommodation – Young People's & Combined Families Services

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 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.

 

Cabinet considered a report on the proposed contract extension of the Supported Accommodation for Young People's and Combined Families' Services block contracts.

 

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

25.

Appendix 'A' to Item 17 - Update on the School Place Planning Delivery Programme 2023-25

Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. Appendix 'A' 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. Appendix 'A' 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 Appendix 'A' to Item 17 - Update on the School Place Planning Delivery Programme 2023-25, be noted.