Agenda and minutes

Executive Scrutiny Committee - Tuesday, 24th November, 2015 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: Cabinet Room 'C' - The Duke of Lancaster Room, County Hall, Preston

Contact: Chris Mather  Tel: (01772) 533559 Email:  chris.mather@lancashire.gov.uk

Media

Webcast: View the webcast

Items
No. Item

County Councillors  C Henig, M Dad, G Gooch and F Craig-Wilson replaced Councillors B Dawson, J Oakes, G Driver and A Atkinson respectively at this meeting.

 

1.

Apologies

Minutes:

None.

2.

Disclosure of Pecuniary and Non-pecuniary Interests

Members are asked to consider any Pecuniary or 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 3 November 2015 pdf icon PDF 84 KB

Minutes:

Resolved:  That the Minutes of the meeting held on 3 November 2015 be confirmed and signed by the Chair.

4.

Reports for decision by Cabinet pdf icon PDF 133 KB

Minutes:

The Committee considered the following reports on decisions due to be taken by the Cabinet.

4a

Public Sector Equality Duty pdf icon PDF 140 KB

Minutes:

Ian Young, Director of Governance, Finance and Public Services presented a report which reminded members how the Public Sector Equality Duty under section 149 of the Equality Act 2010 should be discharged by the Council, in particular in making policy decisions to achieve budget savings that may or would have an impact on the groups of people protected by the Act. 

Members were informed that this report had been presented to the Budget Scrutiny Working Group and the same report would be presented to Cabinet on 26 November.  It was noted that since the introduction of the Act training had been rolled out council-wide to officers and members including training for current Cabinet Members.  Further refresher training for members was scheduled to take place through the programme of bite size briefings.

 

The Committee was reminded that the courts would look at whether, as a matter of substance, a local authority had paid "due regard" to the requirements of the Public Sector Equality Duty and that, whilst Equality Analysis were not a statutory requirement, they were a tool to assist decision-makers to consider and analyse the impact of decisions on persons with protected characteristics. 

 

The Committee was also reminded that "due regard" was the regard that was appropriate in all the particular circumstances in which a public authority carried out its functions. Due regard was therefore the degree of regard that was proportionate in all the circumstances  taking into account the nature of the policy or decision, its predicted effect on the statutory equality goals, and the way its impact would be experienced by those affected. In other words the greater the potential adverse impact on a protected group the more vulnerable the group in the context being considered, the more thorough and demanding the process required by section 149 would be.

 

It was also emphasised that the council's financial position must not be used as a reason for not properly considering the implications of decisions in line with the duty.

 

Resolved:  That the report be noted.

 

 

 

4b

Lancashire County Council Corporate Strategy pdf icon PDF 96 KB

A copy of the draft Corporate Strategy can be found at agenda item 10f.

Additional documents:

Minutes:

Dave Carr, Head of Policy, Information and Commissioning (Start Well) presented the draft Corporate Strategy.  An Equality Analysis was presented at Appendix D to the report.

 

The Strategy set out the future direction for the County Council, covering a timeframe to 20121 and beyond.  It would form a framework setting out:

 

  The council's vision, values, high level priorities and overall approach

  The council's evidence base

  Thematic strategies, such as our financial strategy

  The council's risk, quality and performance framework

  Service delivery plans

  Annual budgets.

 

It was reported that the Core Strategy had been updated to take account of responses received during a wide consultation exercise including a response from Chorley Council which had been inadvertently omitted from Appendix 'C' to the report.  A copy of the response from Chorley Council was circulated at the meeting. 

 

Members were informed that key changes to the Core Strategy included a greater emphasis on the council's financial strategy, as well as a strengthening of the council's aim to work with partners across all sectors and a refresh of the evidence base to take account of the most up to date data.  The opportunity had also been taken to simplify the language used to describe the council's priorities.

 

It was noted that the Cabinet would be asked to consider and recommend the updated Corporate Strategy to Full Council for formal approval.  The Committee agreed that the County Council should look to develop different service models having regards to local needs.  Members also agreed that the County Council should work closely with all sectors including District Councils, local communities and organisations in the development and delivery of these models.

 

Resolved:  That the recommendation set out in the report to Cabinet be noted and that apart from the above–mentioned observations no other comments or suggested alternative recommendations be made.

 

4d

Property Strategy pdf icon PDF 85 KB

Additional documents:

Minutes:

Matthew Tidmarsh, Head of Asset Management, presented a report setting out a methodology to enable the County Council to achieve a sustainable long term reduction in the council's corporate property portfolio to align with the aspirations of the Corporate Strategy and to enable the future successful delivery of public facing services. An Equality Analysis was presented at Appendix 'B' to the report.

 

The Committee was informed that it was intended that 112 out of the 220 properties under consideration would be retained and transformed into multi-functional 'Neighbourhood Centres' that would  provide a range of front facing council services.  The reduction from 220 premises would be based upon need assessed in 34 Service Planning Areas across the county using the 2015 English Indices of Multiple Deprivation.

 

It was stressed that no decisions had been taken on the final 112 premises that would be recommended to become 'Neighbourhood Centres'.  Approval of the proposed Strategy would enable detailed analysis and consultations to be undertaken on the premises to be retained or disposed of using the agreed methodology.

 

It was felt that that members would have a key role to play in determining the selection of premises to become Neighbourhood Centres and in exploring opportunities for co-location and sharing service delivery with partners including District Councils. Members also considered the need to align the new Neighbourhood Centres with various service delivery plans e.g. Library Strategy and the Wellbeing, Prevention and Early Health Strategy as being vital.

 

It was also felt that briefings should be held to enable members to discuss and present local knowledge on the options for the use of premises to deliver services locally.

 

Resolved:  That the recommendations set out in the report to Cabinet be noted, and that apart from the above-mentioned observations no additional comments or alternative suggestions be made.

4e

Proposals for Transforming Wellbeing, Prevention and Early Help Services for Children, Young People and Families in Lancashire pdf icon PDF 160 KB

Additional documents:

Minutes:

Dr Sakthi Karunanthi, Director of Public Health, and Debbie Duffel, Head of Wellbeing, Prevention and Early Help Services, presented a report on the implementation of the proposals agreed by Full Council in February 2015. An Equality Analysis was presented at Appendix 'B' to the report.

 

The Committee was informed that the proposals represented a budget saving by 2017/18 of £7.4m on current spend, and would lead to the creation of a transformed and integrated wellbeing, prevention and early help service across Lancashire. The remodelled service would align existing core offers for Children's Centres, Young People's Provision, Prevention and Early Help and Lancashire's response to the Troubled Families Unit national programme. 

 

It was intended to deliver services from 56 Neighbourhood Centres distributed across the 34 service planning areas within the Corporate Strategy.  There would be at least one point of service within each of the service planning areas to meet the identified needs of children, young people and families in local neighbourhoods. It was confirmed that the service would be supplemented by outreach support.  It was also confirmed that the implementation of the service offer proposals would be subject to a significant consultation exercise which was welcomed by the Committee.

 

Resolved:   That the recommendation to Cabinet as set out in the report be noted, and that apart from the above-mentioned observations no additional comments or alternative suggestions be made.

 

4f

The County Council's Budget Position pdf icon PDF 142 KB

Please note that following publication of the agenda on 16 November, 2015  Appendices 'D' and 'E' in so far as they relate to BOP 052 - Cultural Services  - Heritage and Arts have been amended and republished.  The documents now include the proposed use of the Council's reserves element that was omitted by officers from the original documents. 

 

The reference to the 'Estimated reserve requirement' on page 287 of agenda item 4e - Money Matters – The Financial Strategy for 2016/17 to 2020/21 has also been amended to correct the above-mentioned error.

 

A further revision to BOP 52 was made on 23 November.  The above-mentioned documents have been updated to reflect the further change.

Additional documents:

Minutes:

The Deputy Leader of the County Council, County Councillor Borrow, and Neil Kissock, Acting Director of Financial Resources, presented the "Money Matters" financial report, covering the current financial position, the financial outlook and medium term financial strategy (MTFS), as well as proposals to address the council's funding gap.  The report also included Equality Analysis documents relating to the budget proposals.

 

It was noted that the forecast overspend for 2015/16 had reduced since the last report to £19.666m. It was also noted that the anticipated budget shortfall had increased to around £262m, largely due to the implementation of the National Living Wage and that the effects of the Government's forthcoming Autumn Statement on the council's budget position would have to be considered.

 

The principles and recommendations of the Budget Scrutiny Working Group on the budget proposals were presented and supported by the Committee.  The Committee felt that recommendation (vii), as set out in the Cabinet report, should be amended to confirm that consultations on the budget proposals would be undertaken where appropriate. 

 

The Committee noted that proposals relating to Bus Services, and Heritage and Arts Funding had been amended since the agenda had been published.  The revised proposals were made available to members.

 

It was recognised that the decisions now facing the council were extremely difficult, but that they would be made on the basis of need in line with the Corporate Strategy and having regard to the likely impact on people with protected characteristics. Workable alternative proposals were welcomed from other political groups and external organisations.

 

Resolved: 

 

(i)  That the recommendations as set out in the report to Cabinet be noted, and that Cabinet be requested to amend recommendation (vii) to read as follows:

 

"Approve the attached budget proposals set out in Appendices 'D' and 'E', authorise officers to proceed with their implementation subject to consultation where appropriate, and agree that the 2016/17 budget be prepared based upon these revenue decisions with the outcome of any consultations being reported to Full Council.

 

(ii)  That, apart from the above-mentioned observations, no additional comments or alternative recommendations be made.

5.

Forthcoming Individual Cabinet Member Key Decisions

Minutes:

The Committee considered the following Key Decisions due to be taken by individual Cabinet Members as indicated.

5a

Pennine Reach: Proposal to Introduce a Residents Only Permit System on Car Parking Areas in Clayton-Le-Moors pdf icon PDF 111 KB

Minutes:

The Committee considered a report on the proposed introduction of five car parking areas as part of the Pennine Reach public transport improvement scheme in Hyndburn.

 

Resolved:  That the recommendations set out in the report to the Cabinet Member for Highways and Transport be noted, and that no additional comments or suggested alternative recommendations be made.

5b

Pennine Reach: Bus Lane Enforcement pdf icon PDF 98 KB

Additional documents:

Minutes:

The Committee considered a report on the proposed introduction of Bus Lane Enforcement on the two bus lanes within Clayton-Le-Moors as part of the Pennine Reach scheme.

 

Resolved:  That the recommendations set out in the report to the Cabinet Member for Highways and Transport be noted, and that no additional comments or suggested alternative recommendations be made.

5c

Implementation of the Care Act 2014 - Review of Adult Social Care Policies and Procedures pdf icon PDF 124 KB

Additional documents:

Minutes:

It was reported that this item had been withdrawn.

5d

Proposal for the Introduction of a Lancashire Blue Badge Policy, including the Introduction of Charging for Blue Badges pdf icon PDF 104 KB

Additional documents:

Minutes:

The Committee considered a report on the proposed introduction of a Lancashire Blue Badge Policy, including a charging fee for the issue of Blue Badges, as from 1 January 2016.

 

An Equality Analysis was presented at Appendix 'B' to the report.

 

Resolved:  That the recommendations set out in the report to the Cabinet Member for Adult and Community Services and the Cabinet Member for Health and Wellbeing be noted, and that no additional comments or suggested alternative recommendations be made.

6.

Decommissioning of Dispersed Accommodation Support Service in Preston pdf icon PDF 107 KB

Additional documents:

Minutes:

The Committee considered a report on the proposed closure of a visiting housing support service to dispersed properties d by the county council.

 

An Equality Analysis was presented at Appendix 'A' to the report.

 

Resolved:  That the recommendations set out in the report to the Cabinet Member for Adult and Community Services be noted, and that no additional comments or suggested alternative recommendations be made.

7.

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:

None.

8.

Date of Next Meeting

The next meeting of the Executive Scrutiny Committee will be held on Tuesday, 5 January 2016 at 2pm at the County Hall, Preston.

Minutes:

It was noted that the next meeting would be held on Tuesday 5 January 2016 at 2.00 p.m. at County Hall, Preston.

9.

Exclusion of Press and Public

The Committee 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 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 paragraphs of Part 1 of Schedule 12A to the Local Government Act, 1972 and that in all circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

10.

Forthcoming Individual Cabinet Member Key Decisions pdf icon PDF 1007 KB

Minutes:

The Committee considered a number of Key Decisions due to be taken by individual Cabinet Members as indicated.

 

10a

The Supply of Consultancy Services for the Transformation of Adult Social Care Services in Lancashire - Design and Implementation

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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:

(Not for Publication - Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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)

 

The Committee considered a report on the award of a contract for the supply of consultancy services for the transformation of adult social care services in Lancashire.

 

Resolved: That the recommendation set out in the report to the Leader of the County Council be noted, and that no additional comments or suggested alternative recommendations be made.

 

 

10b

Procurement of Service Providers to a Framework Agreement for the Provision of Local and School Bus Services in Lancashire

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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:

(Not for Publication - Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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)

 

The Committee considered a report on the award of a contract to set up a framework agreement for the supply of local and school bus services in Lancashire for a period of four years.

 

Resolved: That the recommendation set out in the report to the Deputy Leader of the County Council be noted, and that no additional comments or suggested alternative recommendations be made.

 

10c

Approval to Award a Contract for the ' East Lancashire Recovery Orientated Adult Substance Misuse Treatment Service'

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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:

(Not for Publication - Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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)

 

The Committee considered a report on the award of a contract for the delivery of the East Lancashire Recovery Orientated Adult Substance Misuse Treatment Service.

 

Resolved: That the recommendations set out in the report to the Cabinet Member for Adult and Community Services and the Cabinet Member for Health and Wellbeing be noted, and that no additional comments or suggested alternative recommendations be made.

 

 

10d

Approval to Award a Contract for the Children and Young People's Substance Misuse Service

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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:

(Not for Publication - Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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)

 

The Committee considered a report on the award of a contract for the delivery of the county-wide Children and Young People's Substance Misuse Service.

 

Resolved: That the recommendations set out in the report to the Cabinet Member for Health and Wellbeing be noted, and that no additional comments or suggested alternative recommendations be made.

 

10e

Approval to Award a Contract for Lancashire Tobacco and Nicotine Addiction Treatment Service

(Not for Publication – Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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:

(Not for Publication - Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. 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)

 

The Committee considered a report on the award of a contract for a Lancashire Tobacco and Nicotine Addiction Treatment Service.

 

Resolved: That the recommendations set out in the report to the Cabinet Member for Health and Wellbeing be noted, and that no additional comments or suggested alternative recommendations be made.