Agenda, decisions and draft minutes

Cabinet
Tuesday, 27 November 2018 2.00 pm

Venue: Ashcombe Suite, County Hall, Kingston upon Thames, Surrey KT1 2DN

Contact: Vicky Hibbert or Angela Guest  020 8541 9075 Email: angela.guest@surreycc.gov.uk

Webcast: View the webcast

Items
No. Item

180/18

Apologies for Absence

181/18

Minutes of Previous Meeting: 30 October 2018

    The minutes will be available in the meeting room half an hour before the start of the meeting.

    Additional documents:

    Minutes:

    The Minutes of the meeting held on 30 October 2018 were approved as a correct record.

     

    Further to Minute 172/18 – Surrey Schools and Early Years Funding – the Cabinet Member for All-Age Learning reported that the Leader had written to the Secretary of State and had received a response regarding clawback of excessive school balances.  The Secretary of State had responded that this was not possible and would require new primary legislation and that even his department had no power to clawback excesses.

182/18

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:

    Minutes:

    There were none.

183/18

Procedural Matters

183/181

Members' Questions

184/18

Public Questions pdf icon PDF 59 KB

    The deadline for public questions is seven days before the meeting (20 November2018).

     

    Additional documents:

    Decision:

    There were two questions from members of the public.  These and the responses are attached as Annex A.

    Minutes:

    There were two questions from members of the public.  These and the responses are attached as Annex A.

     

    In response to a supplementary question from Mr Welling the Cabinet Member for Community Services explained that consultation would start in early December and was to last for four to six weeks.  The choices as to what NewSPAL had proposed would be laid out clearly in the consultation as well as the status quo option.  She went on to explain that the need to consult again had been a real concern for the Cabinet.  The Leader thanked NewSPAL for all the work they had done.

     

    In reply to a statement from Ms Thornton that the written response did not address her questions the Cabinet Member for Environment & Transport explained that much of what she raised was outside of the control of this Council.  He stated that her questions would be passed onto the Government Minister.

     

     

     

185/18

Petitions

186/18

Representations received on reports to be considered in private

187/18

Reports from Select Committees , Task Groups, Local Committees and other Committees of the Council pdf icon PDF 72 KB

188/18

Leader / Deputy Leader / Cabinet Member Decisions/ Investment Board Taken Since the Last Cabinet Meeting pdf icon PDF 103 KB

    To note any delegated decisions taken by the Leader, Deputy Leader, Cabinet Members and Investment Board since the last meeting of the Cabinet.

    Additional documents:

    Decision:

    RESOLVED:

     

    That the decisions taken by Cabinet Members / Investment Board since the last meeting as set out in Annex 1 to the submitted report be noted.

     

    Reason for Decision:

     

    To inform the Cabinet of decisions taken by Cabinet Members / Investment Board under delegated authority.

     

    Minutes:

    RESOLVED:

     

    That the decisions taken by Cabinet Members / Investment Board since the last meeting as set out in Annex 1 to the submitted report be noted.

     

    Reason for Decision:

     

    To inform the Cabinet of decisions taken by Cabinet Members / Investment Board under delegated authority.

     

189/18

Approval to Award a Contract for the Provision of a Stop Smoking Service pdf icon PDF 158 KB

    This Cabinet report seeks approval to award a contract to Thrive Tribe to commence on 1 April 2019. The recommended contract delivers best value for money and meets the needs of service users in Surrey.

     

    N.B. There is a Part 2 Annex at Item 12

     

    [The decisions on this item can be called in by the Health, Integration & Commissioning Select Committee]

     

     

    Additional documents:

    Decision:

    RESOLVED:

     

    That a contract be awarded for the provision of a stop smoking service to Thrive Tribe.  (The contract will be for three years from 1 April 2019 with an option to extend for an additional three years in one year intervals.)

     

    Reasons for Decision:

     

    The existing stop smoking contract will expire on 31 March 2019 and an extension is not possible. A full tender process, in compliance with the requirement of Public Contract Regulations and Procurement Standing Orders, has been completed and the recommendations provide best value for money for the Council following a thorough evaluation process.

     

    Helping smokers to quit now reduces the cost of care in the future. The Care Act 2014 requires councils with social care responsibilities to put in place preventive measures designed to reduce the need for care and support in the future. Helping smokers quit now means that they are less likely to require paid for care in the future.

     

    [The decisions on this item can be called in by the Health, Integration & Commissioning Select Committee]

     

    Minutes:

    The Cabinet Lead Member for People introduced a report that set out data to show that effective stop smoking services have a positive effect on the health and wellbeing of Surrey residents and prevented the need for more intensive and costly interventions from health, social care and the wider public service sector.  The provision of an effective stop smoking service had an active role in supporting the Council’s Vision for Surrey in 2030 and was also a key priority within the NHS 10 Year Plan that focused on prevention.

     

    He went on to explain how tobacco control and the provision of stop smoking services were key to improving health and wellbeing and focus on the most vulnerable communities which was strongly reflected in the Community Vision for Surrey in 2030. Providing a stop smoking service supported residents to make good choices about their wellbeing. The targeted, prioritised service model would help to reduce the health inequalities caused by smoking, ensuring that no one was left behind. This service was a core component of the Surrey Health and Wellbeing Strategy, currently being refreshed as part of the work being done to deliver the Surrey 10 year plan.

     

    The Cabinet Member went on to say that this would be funded via the ring fenced Public Health Grant, the budget for this service has been reduced following the reduction in the overall grant distributed by the Department of Health. The Council was aiming to maintain a quality service that targets those residents most in need of support within the financial resource available. However, the service was still open to anyone wishing to quit.  The financial details were contained in a Part 2 annex to the report.

     

    There were several Members speaking in favour of the recommendations.

     

    RESOLVED:

     

    That a contract be awarded for the provision of a stop smoking service to Thrive Tribe.  (The contract will be for three years from 1 April 2019 with an option to extend for an additional three years in one year intervals.)

     

    Reasons for Decision:

     

    The existing stop smoking contract expired on 31 March 2019 and an extension was not possible. A full tender process, in compliance with the requirement of Public Contract Regulations and Procurement Standing Orders, had been completed and the recommendations provided best value for money for the Council following a thorough evaluation process.

     

    Helping smokers to quit now reduced the cost of care in the future. The Care Act 2014 required councils with social care responsibilities to put in place preventive measures designed to reduce the need for care and support in the future. Helping smokers quit now meant that they were less likely to require paid for care in the future.

     

190/18

Update To The Surrey Transport Plan: Strategies And Associated Developer Guidance Regarding Emissions Reduction pdf icon PDF 122 KB

    This paper outlines the Council’s approach to reducing transport-related air pollution and greenhouse gas emissions through the addition of two new strategies to the Surrey Transport Plan: the Low Emissions Transport Strategy and Electric Vehicle Strategy. Supplementary advice documents on car clubs and travel planning for new developments which support sustainable development are also presented to the Cabinet.

     

    [The decisions on this item can be called in by the Environment Select Committee]

     

    Additional documents:

    Decision:

    RESOLVED:

     

    1.    That the proposed,

    ·         Low Emissions Transport Strategy,

    ·         Electric Vehicle Strategy,

    ·         Travel Plan Good Practice Guide and

    ·         Car Club Guide

     

      be adopted and become part of the Surrey Transport Plan.

    2.    That authority be delegated to the Executive Director of Highways, Transport & Environment to agree future revisions to the Low Emissions Transport Strategy, Electric Vehicle Strategy, Travel Plan Good Practice Guide and Car Club Guide in consultation with the Cabinet Member for Environment and Transport.

    Reason for Decision:

     

    To ensure the Council’s transport policies and activities support a sustainable economy and environment and improves the health of Surrey residents.

     

    [The decisions on this item can be called in by the Environment Select Committee]

     

    Minutes:

    The Cabinet Member for Environment & Transport introduced this report that outlined the Council’s approach to reducing transport-related air pollution and greenhouse gas emissions through the addition of two new strategies to the Surrey Transport Plan, the Low Emissions Transport Strategy and Electric Vehicle Strategy.  These strategies supported the Council’s 2030 vision that residents live in clean, safe and green communities, where people and organisations embrace their environmental responsibilities.  Supplementary advice documents on car clubs and travel planning for new developments which supported sustainable development were also presented.

     

    He explained how transport was key to supporting the Surrey economy and residents’ ability to travel where and when needed.  However, vehicle emissions were a key cause of environmental and public health concerns. Tackling these problems involved a variety of stakeholders, including the Council, borough and district councils, Government, businesses and residents. 

     

    He went on to thank the Environment Select Committee for their recommendations which had been included in the report.

     

    The Chairman of the Environment Select Committee stated that she was pleased that all recommendations put forward had been accepted.  She also requested that a business champion be appointed to take a lead on the quality of electric charging installations.

     

    There was some discussion around electric charging points with regards to numbers, cost of charging, locations, the national grid capacity, the variety of charging points and whether the Council’s website could host an interactive map showing where and what was available in the county.  The Cabinet Member for Environment responded that Government grants were available for residents wanting their own charging point. He also said that all borough and district councils in Surrey now have a policy on charging points for new properties.

     

    RESOLVED:

     

    1.    That the proposed,

    ·         Low Emissions Transport Strategy,

    ·         Electric Vehicle Strategy,

    ·         Travel Plan Good Practice Guide and

    ·         Car Club Guide

     

      be adopted and become part of the Surrey Transport Plan.

     

    2.    That authority be delegated to the Executive Director of Highways, Transport & Environment to agree future revisions to the Low Emissions Transport Strategy, Electric Vehicle Strategy, Travel Plan Good Practice Guide and Car Club Guide in consultation with the Cabinet Member for Environment and Transport.

     

    Reason for Decision:

     

    To ensure the Council’s transport policies and activities support a sustainable economy and environment and improves the health of Surrey residents.

     

191/18

Revised Financial Regulations pdf icon PDF 75 KB

    This report presents new Financial Regulations for Surrey County Council, providing a framework within which officers and members can carry out their responsibilities in an open and consistent manner. 

     

    The Financial Regulations have been designed to promote and maintain the highest standards expected of the public sector in dealing with resources, and fully reflect the Council’s current financial position and the requirements of the Budget Accountability Statement (BAS).

     

    The report also recommends that approval of the Council’s annual Treasury Management Strategy Statement be delegated to the Audit and Governance Committee, and the Constitution be amended accordingly.

     

    Additional documents:

    Decision:

    RESOLVED:

     

    That the Financial Regulations be amended before it goes to full Council, to reflect that the Audit and Governance Committee will sign off the Treasury Management Strategy Statement.

     

    To RECOMMEND that Council:

     

    1.    Approves the new Financial Regulations.

    2.    Approves the annual Treasury Management Strategy Statement to the Audit and Governance Committee.  (Members of the Audit and Governance Committee will receive appropriate training.)

    3.    Approves the necessary amendments to the Council’s Constitution.

    Reasons for Decision:

     

    The Council’s Annual Governance Statement for 2017/18 identified that actions were required to strengthen governance, including the need to revise and reinforce the Financial Regulations.  As the Council is facing unprecedented financial pressures, a comprehensive review is required to reflect the new financial environment. 

     

    The Chartered Institute of Public Finance and Accountancy’s (CIPFA) Prudential Code and Treasury Management Code of Practice (2017) requires local authorities to prepare a Capital and Investment Strategy from April 2019.  The introduction of this new strategy means that approval of the annual Treasury Management Strategy Statement may be delegated to a sub-committee.  Delegation of this function to the Audit and Governance Committee should facilitate more active discussion of the strategy by Members who have received specific training in this area.

     

    Minutes:

    The Cabinet Member for Corporate Support introduced this report that presented new Financial Regulations for the Council, providing a framework within which Members and officers could carry out their responsibilities in an open and consistent manner. 

     

    The report also recommended that approval of the Council’s annual Treasury Management Strategy Statement be delegated to the Audit and Governance Committee, and the Constitution be amended accordingly.  It was noted that the Financial Regulations did not make this clear and it was requested that it be made so before being presented to full Council.

     

    RESOLVED:

     

    That the Financial Regulations be amended before it goes to full Council, to reflect that the Audit and Governance Committee will sign off the Treasury Management Strategy Statement.

     

    To RECOMMEND that Council:

     

    1.    Approves the new Financial Regulations.

    2.    Approves the annual Treasury Management Strategy Statement to the Audit and Governance Committee.  (Members of the Audit and Governance Committee will receive appropriate training.)

    3.    Approves the necessary amendments to the Council’s Constitution.

    Reasons for Decision:

     

    The Council’s Annual Governance Statement for 2017/18 identified that actions were required to strengthen governance, including the need to revise and reinforce the Financial Regulations.  As the Council was facing unprecedented financial pressures, a comprehensive review was required to reflect the new financial environment. 

     

    The Chartered Institute of Public Finance and Accountancy’s (CIPFA) Prudential Code and Treasury Management Code of Practice (2017) required local authorities to prepare a Capital and Investment Strategy from April 2019.  The introduction of this new strategy meant that approval of the annual Treasury Management Strategy Statement may be delegated to a sub-committee.  Delegation of this function to the Audit and Governance Committee should facilitate more active discussion of the strategy by Members who have received specific training in this area.

     

192/18

Monthly Budget Monitoring Report pdf icon PDF 230 KB

    This report presents the Council’s financial position for 2018/19 as at 30 September 2018 for both revenue and capital budgets. It also includes quarter end positions for the balance sheet, reserves, debt and treasury management.

     

    [The decisions on this item can be called in by the Corporate Overview Select Committee]

     

     

    Additional documents:

    Decision:

    RESOLVED:

     

    1.    That the Council’s overall revenue and capital budget positions as at 30 September 2018 be noted.

     

    2.    That the changes to the structure of the Children, Families & Learning directorate be noted.

     

    3.    That Farnham Road rail bridge be added to the capital programme.

     

    4.    That the £1.8m capital virements to transfer funds to Local Enterprise Partnerships budgets (paragraph 68) be approved.

     

    5.    That the Leader writes a letter to the Secretary of State for Education, Damian Hinds, setting out how unhappy the Council was with having to hand over public assets to academies as well as any excess funds.  On top of this the Council retained the deficits for those forced into conversion and the question as to why this should continue would be put.  A copy of this letter would also be sent to Lord Porter of the Local Government Association.

     

    Reason for Decision:

     

    This report is presented to comply with the agreed policy of providing a monthly budget monitoring report to Cabinet for approval and action as necessary.

     

    [The decisions on this item can be called in by the Corporate Overview Select Committee]

     

    Minutes:

    The Leader introduced the report that set out the Council’s financial position as at 30 September 2018, the end of period six.  The forecast revenue position was for an underspend against the budget of £4m, which would reduce the need to use reserves to support this year’s budget to £17m.  This was substantially due to the success of management actions to reduce expenditure by £24m this year as part of the Council’s £40m in-year cost reduction programme.  He also reported that the capital programme was on track, with a small forecast in-year underspend.

     

    The Leader went on to say that the council was still facing some significant spending pressures, especially in the area of Special Educational Needs & Disabilities.  Continued exceptional demand for these services was leading to an overspend of £15m against this budget.  However, through the success of the in-year management actions the Council had achieved enough to off-set these pressures.  This was not to be complacent as many of these savings would not continue into future years and the Council remained focused on ensuring that it had a sustainable budget.  This would enhance the financial resilience and put the Council in a better position to face the challenges and deal with the funding uncertainties and service pressures of future years and ensure Surrey’s residents have sustainable local services.

     

    Other Cabinet Members were given the opportunity to highlight key points and issues from their portfolios.

     

    There was some discussion around Schools planning and leadership projecting a +£0.5m pressure for two sponsored academy conversions that were likely to have deficits.  The Cabinet Member for All-Age Learning explained that where a school was forced to convert was when the Council had to pick up the deficit and not for schools that converted of their own accord.  The Leader offered to write a letter to the Secretary of State for Education, Damian Hinds, setting out how unhappy the Council was with having to hand over public assets to academies as well as any excess funds.  On top of this the Council retained the deficits for those forced into conversion and the question as to why this should continue would be put.  A copy of this letter would also be sent to Lord Porter of the Local Government Association.

     

    RESOLVED:

     

    1.    That the Council’s overall revenue and capital budget positions as at 30 September 2018 be noted.

     

    1. That the changes to the structure of the Children, Families & Learning directorate be noted.
    2. That Farnham Road rail bridge be added to the capital programme.
    3. That the £1.8m capital virements to transfer funds to Local Enterprise Partnerships budgets be approved.

    5.    That the Leader writes a letter to the Secretary of State for Education, Damian Hinds, setting out how unhappy the Council was with having to hand over public assets to academies as well as any excess funds.  On top of this the Council retained the deficits for those forced into conversion and the question as to why this should continue would be put.  A copy  ...  view the full minutes text for item 192/18

193/18

Vote of Thanks

    Additional documents:

    Minutes:

    The Cabinet Lead Member for People led a vote of thanks for the Leader as this would be his last Cabinet meeting as Leader.  The Leader had served residents with distinction and had put residents first in everything he did and said.  He would be an impossible act to follow and the Cabinet thanked the Leader for all that he had done for Surrey and wished him all the best for the future.

     

194/18

EXCLUSION OF THE PUBLIC

    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.

    Additional documents:

    Decision:

    RESOLVED: 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.

     

     

    Minutes:

    RESOLVED: 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.

     

195/18

Approval to Award a Contract for the Provision of a Stop Smoking Service

    This Part 2 report contains information which is exempt from Access to Information requirements by virtue of paragraph 3 – Information relating to the financial or business affairs of any particular person (including commercially sensitive information to the bidding companies).

     

    [The decisions on this item can be called in by the Health, Integration & Commissioning Select Committee]

     

    Decision:

    RESOLVED:

     

    That a contract be awarded to Thrive Tribe, at the value set out in this Part 2 annex report for the provision of a Stop Smoking service to commence on 1 April 2019.

     

    Reason for Decision:

     

    As per the Part 1 reason for decision.

     

    [The decisions on this item can be called in by the Health, Integration & Commissioning Select Committee]

     

    Minutes:

    Members considered a Part 2 report that contained information which was exempt from Access to Information requirements by virtue of paragraph 3 – Information relating to the financial or business affairs of any particular person (including commercially sensitive information to the bidding companies).

     

    RESOLVED:

     

    That a contract be awarded to Thrive Tribe, at the value set out in the Part 2 annex report for the provision of a Stop Smoking service to commence on 1 April 2019. [Exempt Minute E-25-18]

     

    Reason for Decision:

     

    As per the Part 1 reason for decision.

196/18

Investment Disposal

Decision:

RESOLVED:

 

The Leader introduced this Part 2 report that contained information which was exempt from Access to Information requirements by virtue of paragraph 3 – Information relating to the financial or business affairs of any particular person (including commercially sensitive information to the bidding companies).  The report was also subject to a non-disclosure agreement.

 

Reason for Decision:

 

See [Exempt Minute E-24-18].

 

[The decisions on this item can be called in by the Corporate Overview Select Committee]

 

Minutes:

The Leader introduced this Part 2 report that contained information which was exempt from Access to Information requirements by virtue of paragraph 3 – Information relating to the financial or business affairs of any particular person (including commercially sensitive information to the bidding companies).  The report was also subject to a non-disclosure agreement.

 

RESOLVED:

 

See [Exempt Minute E-24-18].

 

Reason for Decision:

 

See [Exempt Minute E-24-18].

 

197/18

PUBLICITY FOR PART 2 ITEMS

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

    Additional documents:

    Decision:

    It was agreed that non-exempt information may be made available to the press and public, where appropriate.

    Minutes:

    It was agreed that non-exempt information may be made available to the press and public, where appropriate.