Decisions

The interim Executive Director Adult Social Care has been employed as a contractor since 20 August 2018. 

The council is a lead member in the Surrey Heartlands Integrated Care System (ICS) partnership, with significant programmes of work in train to align or integrate our leadership, resources and priorities.  A product of this work will be options for the future design of the top leadership teams across the ICS.

For this reason, it would be sensible to leave making a permanent recruitment to this Executive Director position until there is absolute clarity about the scope, capability and remit of this role, or an equivalent, in the new ICS Leadership architecture. These matters are unlikely to be resolved until September 2020.  The interim Executive Director acts not only as the Executive Director Adult Social Care but also as an advisor to the Leader, Chief Executive and Chair of the ICS in the configuration of leadership roles to meet the county council’s statutory functions as well as discharge the obligations of the ICS.

The Chief Executive, in consultation with the Director or HR & OD and the Leader of the Council took the decision to move Simon White, interim Executive Director Adult Social Care to a fixed term contract for twelve months from 1 April 2020.

The Council is responding to the Covid-19 major incident and therefore needs to make urgent decisions to ensure that residents are protected. Urgent decisions taken at the above named meeting are listed below with reasons.

It was AGREED that:

1. Where roles cannot be done from home, involve non-essential services that cannot be delivered following social distancing, or staff are unable to fulfil their contractual hours due to dependent commitments, we will continue to pay employees unable to do their job based on their normal rate of pay and hours of work as set out in their terms and conditions of employment, effective from 23rd March 2020.

Surrey County Council has a vitally important role in leading the local response to COVID-19, to save lives, protect the NHS, ensure our residents are protected wherever possible and crucial council services continue to operate in these unprecedented times.

The Chief Executive has decided that it is necessary to appoint a temporary Executive Director to lead Surrey County Council’s response to the Covid-19 pandemic to manage the impacts of the crisis.

The Chief Executive in consultation with the Chairman of the People, Performance & Development Committee, agreed to appoint Rachel Crossley to the temporary role of Executive Director Corporate Resilience for Surrey County Council for a period of six months.

Reasons for Decision:

To appoint to the temporary role of Executive Director for Corporate Resilience to lead the Council’s response to the Covid-19 pandemic.

The Council is responding to the Covid-19 major incident and therefore needs to make urgent decisions to ensure that residents are protected. Urgent decisions taken at the above named meeting are listed below with reasons.

It was AGREED that:

1.           The former military hospital on the Headley Court site would be reinstated to provide additional capacity for Covid-19 cases.

2.           Urgent works were required to complete reinstatement to NHS’s specification. A contractor has been identified with the requisite experience and local track record to undertake the same, and Procurement has been engaged to achieve the requisite approvals for their appointment, in line with Cabinet Office note PPN 01/20 ‘Responding to Covid-19’.

3.           The value of the works required has been estimated at £750k on the present outline spec, but an initial contingency of £150k has been identified to meet any additional costs that cannot be foreseen at this time, given the pace at which works need to progress. Flexibility will be required to meet any additional expenditure above and beyond that level, should NHS require it to ensure the safe and effective operation of the site as a Covid-19 facility.

4.          Discussions are ongoing with the NHS and it is likely that the cost of these works will be able to be recovered from them. In the interim these costs will be charged to property capital budgets and the COVID funding received by the Council from Central Government will be provisionally allocated to finance these costs.

Reasons for Decision:

1.           To ensure that additional hospital capacity is available as soon as possible to meet the challenge of caring for Covid-19 patients that cannot be accommodated in operational hospitals

2.           To facilitate the finalisation of a JCT Prime Cost Building Contract for the value of the works set out above, with Corrigenda.

3.         To ensure that works can, therefore, be executed to provide the facilities needed before the expected surge in cases in mid-April

The Council is responding to the Covid-19 major incident and therefore needs to make urgent decisions to ensure that residents are protected. Urgent decisions taken at the above named meeting are listed below with reasons.

It was AGREED that:

1.           Libraries are to be closed by Sunday 22 March 2020

Reasons for Decision:

1.           On 18 March 2020, the Prime Minister’s statement on coronavirus advised that all “unnecessary gatherings” should be avoided. In line with government guidance to reduce the risks of exposure to COVID-19 in the workplace and social distancing for everyone in the UK, it was decided to close Surrey County Council’s libraries to help prevent the spread of the virus and reduce the risks to vulnerable people. This decision is consistent with how other county councils such as West Sussex and Hertfordshire are responding to the pandemic. The timing of the closure is designed to provide notice to residents while still adhering to government guidance. Other measures such as promoting access to e-books are being developed as potential mitigations to the temporary loss of the library service.

The Council is responding to the Covid-19 major incident and therefore needs to make urgent decisions to ensure that residents are protected. Urgent decisions taken at the above named meeting are listed below with reasons.

It was AGREED that:

1. In order to ensure that the Council is able to resume providing services once the COVID 19 emergency has eased, the following measures of financial support to be offered to existing service providers were agreed:

1.1 Payments on account, whereby all organisations that SCC commissions services with should be able to submit a claim for an up-front payment on account equivalent to a maximum of what SCC would have normally expected to pay for their services in April – June 2020.

1.2 Support & Funding on an agreed “percentage sliding scale” basis in instances where Commissioned Providers are unable to deliver their contracted services but payment is needed to ensure their survival.

Reasons for Decision:

1. With the Covid 19 emergency likely to last for a number of months, service providers that the council currently contracts with are likely to be adversely affected for a variety of reasons, including an inability to deliver services because of Government advice or direction, the impact on their workforce and the impact on the end user.  It is vital that the Council is able to resume providing services as the crisis eases, and it will be much easier to do this if existing providers are still in place.  It is also consistent with the Council’s role in protecting the local economy and the employment of its residents.

2. In March 2020, the Cabinet Office published Procurement Policy Note 02/20 (PPN02), setting out information and guidance for public bodies on payment of their suppliers to ensure service continuity during and after the current coronavirus, COVID-19, outbreak. According to PPN02, contracting authorities must act now to ensure suppliers at risk are in a position to resume normal contract delivery once the outbreak is over. All contracting authorities are advised to put in place the most appropriate payment measures to support supplier cash flow, including a range of approaches such as forward ordering, payment in advance/prepayment, interim payments and payment on order (not receipt).

3. At its meeting on 23 March, the Corporate Leadership agreed the following principles for extending measures of support to providers to help ensure their sustainability through the current crisis:

3.1There is a genuine long term need for the service

3.2Providers use the full range of support offered by national Government as these are made available to minimise the impact on the County Council.

3.3Help to businesses maintains the employment of the current workforce.

3.4Where Providers are being paid and no service is being delivered, the workforce is repurposed (where possible) to support other critical activity.  Taking advantage of the Government’s offer to reimburse 80% of wage costs to staff who are kept on, despite having little or no work to do, would be one way on doing this.

4. Two measure were agreed:

4.1 Payments on account. Payments for these services would only be made once the value of actual services delivered exceeds the payment on account.  If at the end of June 2020, the value of services actually delivered does not exceed the payment on account, then SCC will need to agree with providers how to manage future payments.  This could include agreeing to write off the difference (i.e. in effect this would become a hardship payment) and / or making a further payment on account.  As the end of the first quarter of 2020/21 approaches, SCC can consider whether it wishes to put in place arrangements for another set of payments on account for a further period.

4.2 Support & Funding on an agreed % sliding scale basis. As the Covid 19 outbreak spreads and its impact on service delivery increases there will be a number of providers, who for a variety of reasons will be unable to deliver their contracted services. Although the Government is making commitments to support organisations and employees, this may not be enough to secure the survival of these organisations. Funding organisations at any level when they are unable to deliver their services would not be done under ordinary circumstances. However, CLT considered that the infrastructure of provision needs to be maintained at some level or there will be insufficient capacity after the current crisis abates to deliver statutory services and costs will significantly escalate. It was agreed that a percentage of funding will be needed to preserve the provider base.  These payments may turn out to be payments on account in the same way as at 12.1.  However, further analysis of providers may identify some as “high risk” which may result in them requiring additional financial support. Treatment can then be considered on a case by case basis such as in option 1.#

5.    CLT also considered a third measure consistent with government guidance: hardship payments, whereby all organisations are able to submit claims setting out the additional costs and / or loss of funding they have suffered as a result of Covid19. Under the advice of the Monitoring Officer, this option will be part of an urgent report to be considered by Cabinet on 31 March.

This contract covers all the Council’s printing requirements from publicity and promotional material to corporate stationery and printed forms where required by the business. Apart from the corporate stationery and forms all the print requirements are bespoke material, one-offs and hugely varied in their requirements. Over the life of the previous contract the Council's print spend has being driven down through a combination of better buying through the contract and a move to digital communications, but there is still a need for printed material to communicate with residents.

The new contract is for an initial period of three (3) years and has two (2) optional two (2) year extensions.

A full OJEU procurement has been carried out and following the evaluation of the seven (7) responses received, the response from Corporate Document Services Ltd, scoring highest for both quality and price, has been identified as the most economically advantageous tender.

Summary

Decision made

The Council is responding to the Covid-19 major incident and therefore needs to make urgent decisions to ensure that residents are protected. Urgent decisions taken at the above named meeting are listed below with reasons.

It was AGREED that:

1. The following principles to be applied to cancellations of bookings for SCC facilities:
   1. Encourage postponement rather than cancellation
   2. Waive any admin fees charged for making changes to bookings.
   3. Honour 19/20 prices for bookings which need to be rearranged in 20/21 year at higher prices.?
   4. Amend cancellation policies, particularly those that would not honour a refund for short notice cancellation?
   5. Provide a full refund with no cancellation fee.?

.

Reasons for Decision:

1. The council is committed to supporting the government’s guidance to the public to avoid all unnecessary gatherings to help reduce the spread of the virus and reduce the mounting pressure on our National Health Service. On 22 March, the Government issued new instructions to businesses and other venues across the United Kingdom to close as soon as they reasonably can, and not to open for trade from Saturday 21 Marchin order to ensure that the public avoids unnecessary social contact. Councils were made responsible for responsible for enforcing regulations requiring those businesses asked to close. In order to be consistent with the expectations of businesses, the council is also closing all sites and facilities that could facilitate or encourage non-essential contact.
2. Even before these strictures came into place, the council had started to receive an increasing number of requests to cancel or postpone existing bookings of council facilities as a result of COVID19?. The main areas affected are

·         Registrars – ceremonies?

·         Property – weddings & filming at County Hall?

·         Outdoor Learning Centres?

·         Libraries?

·         Adult Education*

3. Ordinarily, such cancellations or postponements would be subject to penalties or charges made clear in the terms and conditions of the original booking. In light of both our commitment to prevent non-essential contact and on compassionate grounds recognising the tremendous uncertainty and disruption currently facing residents, the Corporate Leadership Team agreed the new policy on refunds and charges.

It is recognised that this policy could result in a material loss of income for the council. One potential mitigation to the loss of income could be to draw on the new emergency funding being made available to councils, of which Surrey County Council’s allocation is £25 million.

RESOLVED:

That the four decisions taken by officers as set out in annexes to the submitted report be noted.

Reason for decision:

To inform the Leader and Cabinet Members of decisions taken officers under delegated authority.

RESOLVED:

1.    That the latest public health situation with regard to COVID-19 and Surrey’s response and acknowledge the impact on Surrey’s residents and the Council be noted.

2. That the changes to Local Authority powers and duties introduced by the Coronavirus Act be noted and that authority be delegated to the relevant Executive Director in consultation with the relevant Cabinet member to amend service provision in accordance with the Council’s statutory duties as these may be varied by the Act, regulations and guidance made thereunder be noted.

3.    That the initial assessment of the impact on Surrey County Council’s short and medium-term financial position be noted.

4.    That the development of a COVID-19 package of support for key suppliers and service providers and the Voluntary, Community and Faith Sector in Surrey, delegating authority to the Executive Director of Resources and Executive Director of Transformation, Prosperity and Partnerships in consultation with the Leader to determine the detail of the scheme was approved.

5.    That the reprioritisation of services and transformation programmes due to the impact of COVID-19, acknowledging it is a fast-changing situation that will require regular review of priorities be agreed.

6.    That the establishment of economic stimulus measures for businesses to support their survival and recovery from COVID-19, delegating authority to the Executive Director of Resources and Executive Director of Transformation, Prosperity and Partnerships in consultation with the Deputy Leader and Cabinet Member for Financeto determine the detail of the scheme be agreed.

Reason for decision:

We are facing unprecedented challenges due to the COVID-19 emergency and therefore need to supplement our established goals and ambitions for Surrey and its communities, as outlined in the Community Vision 2030, with very clear immediate priority objectives, to: delay the spread of the virus in Surrey and save lives, protect our most vulnerable residents and communities and support colleagues in health to ensure that we reduce pressure on the health system.

These will guide our decisions, both at a strategic level as we regularly re-prioritise services and redirect our staff and resources, and at an individual level as we make important choices day-by-day. The recommendations set out in this report will enable us to do this and provide the best services and support to our communities through the emergency and recovery phases.

[This decision is subject to call-in by the relevant Select Committee Chairman dependent on the recommendation.]

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.

RESOLVED:

That the delegated decisions taken since the last meeting of the Cabinet be noted.

Reason for decision:

To inform the Cabinet of decisions taken by Cabinet Members, Strategic Investment Board and the Committee in Common subcommittee under delegated authority.

There was one report from the Special Educational Needs and Disabilities (SEND) Task and Finish Group and an update from the Communities, Environment & Highways Select Committee on the climate change strategy.  These and the responses were published with the agenda.

There were none.

There was one question from Mr Will Forster, this and the response were published as a supplement to the agenda.

There were none.

The Minutes of the meeting held on 25 February 2020 were approved as a correct record.

To approve the new Digital Strategy.

RESOLVED:

1.    That the Digital Strategy 2025 be approved.

2.    That the Digital Strategy 2025 sets the direction for the Digital Transformation Programme, ensuring that resources deployed on the programme are core contributors to the delivery of the strategy was noted.

Reason for decision:

To enable the Council to adopt a consistent approach and level of ambition to the use of digital technology, and to ensure that the Digital Transformation Programme contributes directly to the outcomes described in the Organisation Strategy 2025.

[The decisions on this item can be called in by the Resources & Performance Select Committee]

This report seeks endorsement from Cabinet for the initial Greener Futures Investment Programme and asks for Cabinet approval to continue to develop the initiatives outlined.

RESOLVED:

1.    That the proposed investment in our Greener Futures Investment Programme was endorsed.

2.    That officers will further develop the pipeline capital schemes so that they are fully scoped and costed, refining the information contained in Annex 2. Individual schemes will be brought to Cabinet for approval when they are developed to business case stage be noted.

Reason for decision:

Surrey County Council is directly responsible for carbon emissions resulting from our own estate and operations. Due to the nature of the services we provide, there are also carbon emissions within the county which we can reduce through investment in infrastructure, planning policy and other measures. 

To tackle our own emissions, and those which fall within our scope of influence, to meet our 2030 and 2050 carbon reduction targets, we will be required to make significant changes to the way we deliver services across the spectrum of local authority activities. This will require additional resource, significant investment in our buildings and infrastructure and other associated costs. 

However, there is more that the Council will need to do to ensure that our capital investment maximises carbon reduction opportunities and that these schemes, once delivered, are monitored to determine that expected carbon reductions are realised.  Baseline emissions research for Surrey, produced by Leeds University, has identified that there are a number of proven cost-effective and technically viable carbon reduction options that the County Council could deliver in addition to our existing capital programme to reduce carbon emissions. These types of initiatives and schemes are included below in Annexes 2 and 3. The majority of these schemes are still at feasibility stage and so further work is required by officers to develop these to business case stage with accurate costings. This report requests approval from Cabinet to continue to develop these initiatives. 

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

This Part 2 report contains information which is exempt from Access to Information requirements by virtue Information relating to the financial or business affairs of any particular person.

To consider the month end budget report and make any recommendations as appropriate.

RESOLVED:

That the Council’s forecast revenue and capital budget positions for the year be noted.

Reason for decision:

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

[The decisions on this item can be called in by the Resources and Performance Select Committee]

Please note this report is provided in two parts and all commercial in confidence information is contained in Part 2.

SCC’s Cabinet approved a new delivery model for Surrey County Council’s (SCC) Countryside Estate (CE) dated 2002, as attached on the 31^st March 2020. It returned the responsibility for visitor services and access to the Council. Conservation and habitat management continues to be managed by Surrey Wildlife Trust (SWT). A new deed of variation and lease was signed with SWT on 14^th August 2020 to formalise this new delivery model.

The sawmill was part of the CE when transferred to SWT in 2002 and has been managed by SWT throughout the contract. Aside from two financial years in this 18-year period, it required funding from the estate budget to support its operation.

The sawmill does not fit within the responsibilities for either party in the new operating model. SWT have confirmed they do not want to continue with responsibility for its operation, returning their focus to core biodiversity activity, and the running of a commercial sawmill is not a core function of the Council and.

SCC committed to undertaking an options appraisal, as part of the transitional arrangements for estate property and, pending completion of the variation, to explore whether the operation could continue. The Options Appraisal concluded closure was the best option.

RESOLVED:

1.    That the variation of the agreement with Surrey Wildlife Trust (SWT) for the management of the Countryside Estate in accordance with the proposals detailed in the report, noting the cost implications outline in paragraphs 34-38 of the submitted report be agreed.

2.    That authority be delegated to the Executive Director for Environment, Transport and Infrastructure and the Executive Director for Resources in consultation with the Cabinet Member for Community Safety, Fire & Resilience and the Cabinet Member for Finance to:

            a.        enter into final negotiations with Surrey Wildlife Trust and complete the variation to the agreement, including the surrender of Phase 1 and 2 leases and re-grant of lease.

            b.        agree the implementation of transitional arrangements with Surrey Wildlife Trust for the management of Countryside Visitor Services and property management responsibilities pending completion of the variation.

            c.        transfer the responsibilities for visitor services to Surrey County Council on the 1 April 2020 subject to ‘call-in’ arrangements.

Reason for decision:

Approval of the recommendations to implement changes to the agreement with SWT, improves its effectiveness and efficiency. SWT are fully supportive of the proposed changes as set out in this report. The countryside is a natural resource offering significant opportunities to support and benefit the health and wellbeing of residents.

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

RESOLVED:

1.    That the latest public health situation with regard to COVID-19 and Surrey’s response and acknowledge the impact on Surrey’s residents and the Council be noted.

2.    That the changes to Local Authority powers and duties introduced by the Coronavirus Act be noted and that authority be delegated to the relevant Executive Director in consultation with the relevant Cabinet member to amend service provision in accordance with the Council’s statutory duties as these may be varied by the Act, regulations and guidance made thereunder be noted.

3.    That the initial assessment of the impact on Surrey County Council’s short and medium-term financial position be noted.

4.    That the development of a COVID-19 package of support for key suppliers and service providers and the Voluntary, Community and Faith Sector in Surrey, delegating authority to the Executive Director of Resources and Executive Director of Transformation, Prosperity and Partnerships in consultation with the Leader to determine the detail of the scheme was approved.

5.    That the reprioritisation of services and transformation programmes due to the impact of COVID-19, acknowledging it is a fast-changing situation that will require regular review of priorities be agreed.

6.    That the establishment of economic stimulus measures for businesses to support their survival and recovery from COVID-19, delegating authority to the Executive Director of Resources and Executive Director of Transformation, Prosperity and Partnerships in consultation with the Deputy Leader and Cabinet Member for Financeto determine the detail of the scheme be agreed.

COVID 19 - URGENT DECISIONS TAKEN BY OFFICERS (item 7b)

RESOLVED:

That the four decisions taken by officers as set out in annexes to the submitted report be noted.

Reason for decision:

We are facing unprecedented challenges due to the COVID-19 emergency and therefore need to supplement our established goals and ambitions for Surrey and its communities, as outlined in the Community Vision 2030, with very clear immediate priority objectives, to: delay the spread of the virus in Surrey and save lives, protect our most vulnerable residents and communities and support colleagues in health to ensure that we reduce pressure on the health system.

These will guide our decisions, both at a strategic level as we regularly re-prioritise services and redirect our staff and resources, and at an individual level as we make important choices day-by-day. The recommendations set out in this report will enable us to do this and provide the best services and support to our communities through the emergency and recovery phases.

[This decision is subject to call-in by the relevant Select Committee Chairman dependent on the recommendation.]

An apology was received from Mr Colin Kemp.

The Council is responding to the Covid-19 major incident and therefore needs to make urgent decisions to ensure that residents are protected. Urgent decisions taken at the above named meeting are listed below with reasons.

It was AGREED that:

.             Expenditure required to address the impacts of COVID-19 on residents and support the sustainability of service providers is authorised, subject to costs being tracked in order to seek government reimbursement in due course        

Reasons for Decision:

1.               In an address to council Leaders on 16 March 2020, Local Government Secretary Rt Hon Robert Jenrick MP committed to giving councils the support they need to contribute to the national effort to respond to coronavirus. The Government has committed to providing local authorities:

·         £1.6 billion to help them respond to other coronavirus (COVID-19) pressures across all the services they deliver

·         £500 million to support economically vulnerable individuals and households

·         Compensation to increase the Business Rates retail discount to 100% for one year and expand it to the leisure and hospitality sectors, and increase the planned rates discount for pubs to £5,000.

·         an additional £2.2 billion to support small businesses that already pay little or no Business Rates because of Small Business Rate Relief

The Government has encouraged support to be provided swiftly and offered assurance that local authority costs will be fully compensated. Although specific allocations and funding mechanisms have not yet been announced, it was agreed that spending to enable residents to access the support they need and help ensure the sustainability of providers should start to be delivered with immediate effect. An urgent report will be taken to Cabinet on 31 March 2020 to seek approval to adopt provisions in government guidance that provide new flexibilities in relation to specific services and duties; secure permission to incur new expenditure to respond to the impacts of COVID-19 within the county in line with government guidance, and adopt a process to govern and track extra spending and activity.

The Council is responding to the Covid-19 major incident and therefore needs to make urgent decisions to ensure that residents are protected. Urgent decisions taken at the above named meeting are listed below with reasons.

It was AGREED that:

1. Carry Forward and Payment of Annual Leave

• All staff are encouraged wherever operationally possible to take their statutory minimum 20 days plus 8 days Bank Holidays during 20/21.  If staff are unable to take leave, due to current circumstances and in line with Government guidance, a maximum of four weeks may be carried over into the next two years.
• Should it be necessary an option remains to offer payment for untaken annual leave at a later stage should the need arise.
• Any annual leave which was previously purchased under the Council’s salary sacrifice scheme for 2020/2021 and cannot now be taken, may be refunded at the request of the employee.
• Staff who are currently self-isolating will have the option to cancel their annual leave

2. Re-instate enhanced rates of pay for unsocial and weekend hours working which were previously removed under the 2016 reward strategy and now only remain as legacy payments for non-schools employees who were employed before 2016.

• Enhanced rates of pay for unsocial and weekend working is extended to all Surrey Pay employees (excluding those on the Leadership pay model ie PS15 and above).  
• The current premium payments for alternating shift working is maintained and extended to all Surrey Pay employees (excluding those on the Leadership pay model).

Reasons for Decision:

1. Changes to the annual leave policy were made because employees may have to cancel planned annual leave during the current situation because travel is no longer possible, under government guidance. Some employees may have been asked to support the council, in the hope that they will be able to take leave in the latter part of the year. In some cases it may be that annual leave cannot be granted later in the year because of operational requirements.
2. In order to maintain the business continuity of key services during Covid 19, assuming an increase in the sickness rates of staff and requirement to stand up services for residents at short notice, SCC may required staff to work different working patterns, in order to meet demand 
3. As part of the 2016 reward strategy review the council introduced a seven-day contract for new employees. This meant that several payments were removed for new starters and most staff are no longer entitled to allowances or enhancements for working evenings, nights, weekends of bank holidays. Premium payments exist within Surrey Pay as a legacy payment and are only payable to employees appointed in non-schools before 1^st July 2016. In order to support the Council’s response to Covid 19, these legacy payments will need to be reinstated for all staff (excluding those on the Leadership pay model – PS15 and above)