Agenda and decisions

Cabinet - Tuesday, 17 December 2024 2.00 pm

Venue: Council Chamber, Surrey County Council, Woodhatch Place, 11 Cockshot Hill, Reigate, Surrey ,RH2 8EF

Contact: Huma Younis or Sarah Quinn 

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Items
No. Item

1.

Apologies for Absence

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    To receive any apologies for absence.

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    Decision:

    There were no apologies.

     

2.

Minutes of Previous Meeting: 26 November 2024 pdf icon PDF 250 KB

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    To agree the minutes of the last meeting as a correct record of the meeting.

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    Decision:

    These were agreed as a correct record of the meeting.

     

3.

Declarations of Interest

    All Members present are required to declare, at this point in the meeting or as soon as possible thereafter:

     

    (i)            Any disclosable pecuniary interests and / or

    (ii)           Other interests arising under the Code of Conduct in respect of any item(s) of business being considered at this meeting

    NOTES:

     

    ·         Members are reminded that they must not participate in any item where they have a disclosable pecuniary interest

    ·         As well as an interest of the Member, this includes any interest, of which the Member is aware, that relates to the Member’s spouse or civil partner (or any person with whom the Member is living as a spouse or civil partner)

    ·         Members with a significant personal interest may participate in the discussion and vote on that matter unless that interest could be reasonably regarded as prejudicial.

    Additional documents:

    Decision:

    There were none.

     

4.

Procedural Matters

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    Additional documents:

4a

Members' Questions

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    The deadline for Member’s questions is 12pm four working days before the meeting (11 December 2024).

     

    Additional documents:

    Decision:

    There were none.

     

4b

Public Questions pdf icon PDF 108 KB

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    There is one public question. A response from Cabinet is attached.

    Additional documents:

    Decision:

    There was one public question. A response from the Cabinet was published in the supplementary agenda.

     

4c

Petitions

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    The deadline for petitions was 14 days before the meeting, and no petitions have been received.

     

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    Decision:

    There were none.

     

4d

Representations received on reports to be considered in private

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    To consider any representations received in relation why part of the meeting relating to a report circulated in Part 2 of the agenda should be open to the public.

    Additional documents:

    Decision:

    There were none.

     

5.

Reports from Select Committees, Task Groups and other Committees of the Council pdf icon PDF 157 KB

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    To consider any reports from Select Committees, Task Groups and any other Committees of the Council.

     

    For Cabinet to consider the following report:

     

    A.    Scrutiny of Draft Budget 2025/26 and Medium-term Financial Strategy to 2029/30 TO FOLLOW

    Additional documents:

    Decision:

    RESOLVED:

     

    1. That the Scrutiny of the 2025/26 Draft Budget And Medium-Term Financial Strategy To 2029/30 report be noted.

     

6.

Leader / Deputy Leader / Cabinet Member/ Strategic Investment Board Decisions Taken Since the Last Cabinet Meeting pdf icon PDF 77 KB

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    To note any delegated decisions taken by the Leader, Deputy Leader, Cabinet Members, Strategic Investment Board and Committees in Common Sub-Committee since the last meeting of the Cabinet.

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7.

Cabinet Member of the Month pdf icon PDF 100 KB

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    To receive an update from Matt Furniss, Cabinet Member for Highways, Transport and Economic Growth.

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    Decision:

    RESOLVED:

     

    That the decisions taken since the last Cabinet meeting are noted.

     

8.

SURREY SCHOOLS AND EARLY YEARS FUNDING 2025-26 pdf icon PDF 473 KB

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    This report sets out the recommended funding formula principles for Surrey mainstream schools and early years providers in 2025/26.

     

    (The decisions on this item can be called-in by the Children, Families, Lifelong Learning & Culture Select Committee)

    Additional documents:

    Decision:

    RESOLVED:

    1.    That Cabinet notes and supports the application to the Secretary of State to transfer 1.0% (which was equivalent to £8.4m in 2024/25) from the schools’ block DSG to the High Needs block DSG, as set out in the safety valve agreement with the Department for Education (DFE).

     

    2.    That the Schools Forum’s formula recommendations for schools as set out in Annex 3, is approved by Cabinet; and the decisions in Annex 4 implemented, subject to any changes required to comply with the DfE provisional schools funding settlement announced on 28 November 20243           The proposals agreed by the Schools Forum for additional funding for mainstream schools with disproportionately high incidence of special educational needs and disabilities (SEND) are agreed.

     

    3.    That the introduction of additional funding for primary schools with temporary falls in rolls is supported by Cabinet as agreed by the Schools Forum.

     

    4.    That the principles of the early years funding formula, supported by the Schools Forum, is approved by Cabinet.

     

    5.    That authority is delegated to the Director of Education and Lifelong Learning in consultation with the Executive Director of Children, Families and Lifelong Learning and the Cabinet Member for Children, Families and Lifelong Learning to approve amendments to the funding rates in the schools formula and early years funding formula, as appropriate, following receipt of the DSG settlement and DfE pupil data in December 2024. This is to ensure that total allocations to schools under this formula remain affordable within the council’s DSG settlement and to meet the DfE deadline of mid-January for submission of proposed school budgets to the DFE and the expected deadline for confirmation of early years funding rates, currently expected to be 28 February 2025.

    Reasons for Decisions:

     

    To comply with DfE regulations requiring formal council approval of the local funding formula for Surrey’s primary and secondary schools and to allow budgets for schools to be submitted to the DfE by the deadline of 22 January 2025 and funding rates for early years providers to be set by the required deadlines.

    (The decisions on this item can be called-in by the Children, Families, Lifelong Learning & Culture Select Committee)

     

     

9.

CLIMATE CHANGE PROGRESS ASSESSMENT 2023/4 pdf icon PDF 218 KB

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    This report sets out the key findings of the third annual climate change programme progress assessment since Surrey County Council declared a Climate Emergency in 2019 and the Greener Futures Climate Change Delivery Plan 2021-2025 (the Delivery Plan) was published in 2021.

    (The decisions on this item can be called-in by the Communities, Environment and Highways Select Committee)

    Additional documents:

    Decision:

    RESOLVED:

     

    1.    That Cabinet continues to deliver against the net-zero targets as set out in the Greener Futures Climate Change Delivery Plan 2021-2025– noting the key recommended areas of focus.

     

    2.    That Cabinet approves bringing forward the development of the next 5-year Greener Future Climate Change Delivery Plan (2026-31), for Cabinet consideration in 2025.

    Reasons for Decisions:

     

    The Delivery Plan commits to undertaking an annual assessment of progress on the plan for Cabinet. Whilst it has not changed, the progress report identifies where the council and its partners need to focus attention to address the most challenging areas and ensure the Delivery Plan is as impactful and cost effective as possible and within the resources available.  The Delivery Plan is also an opportunity to identify those areas where Surrey County Council and its partners need to lobby Government. The current Delivery Plan runs up to 2025/6 which triggers a substantial review of the programme and preparation of a new Delivery Plan, setting out the actions to be delivered over the next 5 years on the council’s net-zero journey.

    (The decisions on this item can be called-in by the Communities, Environment and Highways Select Committee)

     

     

10.

ANNUAL PROCUREMENT FORWARD PLAN FY2025/26 pdf icon PDF 186 KB

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    The Annual Procurement Forward Plan has been developed for 2025/26 and Cabinet is asked to approve the plan to allow implementation of the identified procurement activity.

    (The decisions on this item can be called-in by the Resources and Performance Select Committee)

    N.B. There is a Part 2 report at Item 14.

     

     

    Additional documents:

    Decision:

    RESOLVED:

     

    1.    That Cabinet gives Approval to Procure for the projects listed in Annex 1 – “Annual Procurement Forward Plan for FY2025 26” in accordance with the Council’s Procurement and Contract Standing Orders.

    2.    That Cabinet agrees that where the first ranked tender for any projects listed in Annex 1 is within the +5% budgetary tolerance level, the relevant Executive Director, Director, or Head of Service (as appropriate) is authorised to award such contracts.

    3.    That Cabinet agrees the procurement activity that will be returned to Cabinet prior to going out to market (Annex 1, column R).

    4.    That Cabinet notes appropriate projects will be presented to Cabinet or the Strategic Investment Board for approval of the business case.

    5.    That Cabinet notes projects identified in Annex 2 “Annual Procurement Forward Plan for FY 2026/27 Pipeline” are for information only.

    Reasons for Decisions:

    ·         To comply with the Procurement and Contract Standing Orders agreed by Council in May 2019 and further revised in March 2023.

    ·         To provide Cabinet with strategic oversight of planned procurement projects for FY2025/26.

    ·         To ensure Cabinet oversight is focussed on the most significant procurements.

    ·         To avoid the need to submit multiple individual requests for Approval to Procure as well as individual contract award approvals for work taking place in FY2025/26.

    ·         To inform Cabinet of projects identified for FY2026/27.

     

    (The decisions on this item can be called-in by the Resources and Performance Select Committee)

     

     

11.

SURREY ENVIRONMENT PARTNERSHIP AND JOINT WASTE SOLUTIONS pdf icon PDF 202 KB

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    A separate part 2 report contains information which is exempt from Access to Information Requirements by virtue of Schedule 12A Local Government Act 1972, paragraph 3, “Information relating to the financial or business affairs of any particular person (including the authority holding that information”).

    The Report is to recommend the withdrawal of administration and project management functions (the “WDA Partnership Functions” or “Functions”) carried out by the Joint Waste Service (“JWS”) and return those Functions (as set out in paragraph 4 below) previously carried out by Surrey County Council to Surrey County Council (“SCC”).  The Functions and related staff were transferred to JWS under an Inter Authority Agreement in 2018 and are performed by staff in the Joint Waste Services (“JWS”) team hosted by Surrey Heath Borough Council (“SHBC”). The recommendation is to bring the Functions (and related staff) back into SCC.

    The Surrey Environment Partnership (“SEP”) is a forum for SCC (as the Waste Disposal Authority) and the Surrey District and Boroughs (as Waste Collection Authorities) to work together. The withdrawal of the Functions from JWS will in no way affect the operation of SEP.

    This piece of work helps Surrey County Council meet its high performing council priority objective and No One Left Behind because it seeks to respond to on-going and forecasted changes in waste policy and legislation which will have a disproportionate impact on SCC’s revenue budget.

    (The decisions on this item can be called-in by the Communities, Environment and Highways Select Committee)

     

    N.B. There is a Part 2 report at Item 15.

    Additional documents:

    Decision:

    RESOLVED:

     

    1.    That Cabinet agrees the principle of SCC bringing back the Functions and associated funding to SCC and to delegate authority to the Executive Director for Environment, Property & Growth in consultation with the Deputy Chief Executive and Executive Director of Resources and the Director of Law and Governance to take such actions and decisions as are necessary to facilitate the manner and mechanisms through which this decision can be most suitably implemented.

    Reasons for Decisions:

    • Surrey County Council (‘SCC’) transferred several of its activities (“Functions”), to encourage better recycling, to the JWS team in 2018 through an Inter Authority Agreement. As part of the process, six full time employees of SCC staff were TUPE transferred to SHBC to undertake the Functions for JWS.
    • JWS is the partnership organisation which manages a joint waste collection contract with Amey on behalf of Surrey Heath, Elmbridge, Mole Valley and Woking Councils. Surrey Heath Borough Council (“SHBC”) hosts JWS and provides line management and back-office functions (e.g. HR).
    • The Functions transferred include activities to encourage better recycling by Surrey residents: communications and website hosting; data gathering and interpretation; project administration and governance; processing of some payments; and encouragement of food waste collections. 
    • The wider Surrey Environment Partnership (“SEP”) forum includes all eleven District and Boroughs (‘D&Bs’) as the Waste Collection Authorities (“WCA”) for Surrey, and the group comes together with SCC at a number of meetings over the year. These meetings are part of the Functions and will be organised by SCC going forward if this recommendation is approved.
    • The current arrangement is no longer felt suitable to meet the strategic needs of SCC in reducing its exposure to policy changes. Policy measures will have a disproportionate impact on SCC as the Waste Disposal Authority (“WDA”) as set out in paragraph 10 below. To mitigate these, SCC needs to: engage with the public (communications, recycling behaviour); have access to data; and to have financial control on project expenditure.
    • SCC clearly supports the concept of partnership with the D&Bs and would like to see a closer and more effective relationship with all 11 Councils. However, SCC feels that as long as the Functions and SEP administration remains subsumed within JWS (and hosted by Surrey Heath BC) then the wider strategic needs of the SCC will not be met.
    • The recommendation to SCC members is to relocate the Functions back into SCC, noting that this could involve the transfer of affected staff under TUPE transfers and some reorganisation of the service. Officers believe this would allow JWS to focus on its needs, and for SCC to mitigate its exposure to potentially very costly waste policy changes.

    (The decisions on this item can be called-in by the Communities, Environment and Highways Select Committee)

     

     

12.

2024/25 MONTH 7 (OCTOBER) FINANCIAL REPORT pdf icon PDF 297 KB

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    This report provides details of the Council’s 2024/25 financial position, for revenue and capital budgets, as at 31st October 2024 (M7) and the expected outlook for the remainder of the financial year.

    (The decisions on this item can be called-in by the Resources and Performance Select Committee) 

     

     

    Additional documents:

    Decision:

    RESOLVED:

     

    1.    That Cabinet notes the Council’s forecast revenue budget and capital budget positions for the year.

    Reasons for Decisions:

    This report is to comply with the agreed policy of providing a monthly budget monitoring report to Cabinet for information and for approval of any necessary actions.

    (The decisions on this item can be called-in by the Resources and Performance Select Committee)

     

     

13.

EXCLUSION OF THE PUBLIC

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    That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information under the relevant paragraphs of Part 1 of Schedule 12A of the Act.

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14.

ANNUAL PROCUREMENT FORWARD PLAN FY2025/26

    The Annual Procurement Forward Plan has been developed for 2025/26 and Cabinet is asked to approve the plan to allow implementation of the identified procurement activity.

     

    (The decisions on this item can be called-in by the Resources and Performance Select Committee)

    Additional documents:

    Decision:

    RESOLVED:

     

    See Minute 190/24

     

    Reasons for Decisions:

    See Minute 190/24

     

    (The decisions on this item can be called-in by the Resources and Performance Select Committee)

     

     

     

15.

SURREY ENVIRONMENT PARTNERSHIP AND JOINT WASTE SOLUTIONS

    This part 2 report contains information which is exempt from Access to Information Requirements by virtue of Schedule 12A Local Government Act 1972, Paragraph 3, “Information relating to the financial or business affairs of any particular person (including the authority holding that information”) and Paragraph 5: “Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings”.

    The Report is to recommend the withdrawal of administration and project management functions (the “WDA Partnership Functions” or “Functions”) carried out by the Joint Waste Service (“JWS”) and return those Functions (as set out in paragraph 4 below) previously carried out by Surrey County Council to Surrey County Council (“SCC”).  The Functions and related staff were transferred to JWS under an Inter Authority Agreement in 2018 and are performed by staff in the Joint Waste Services (“JWS”) team hosted by Surrey Heath Borough Council (“SHBC”). The recommendation is to bring the Functions (and related staff) back into SCC.

    The Surrey Environment Partnership (“SEP”) is a forum for SCC (as the Waste Disposal Authority) and the Surrey District and Boroughs (as Waste Collection Authorities) to work together. The withdrawal of the Functions from JWS will in no way affect the operation of SEP.

    (The decisions in this report can be called-in by the Communities, Environment and Highways Select Committee)

    Additional documents:

    Decision:

    RESOLVED:

     

    See Minute 191/24.

     

    Reasons for Decisions:

     

    See Minute 191/24.

    (The decisions on this item can be called-in by the Communities, Environment and Highways Select Committee)

     

     

     

     

16.

PUBLICITY FOR PART 2 ITEMS

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    To consider whether the item considered under Part 2 of the agenda should be made available to the Press and public.

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