Agenda and decisions

Cabinet - Wednesday 25 January 2023 10.00 am

Venue: Cabinet Suite - Shire Hall, Gloucester

Contact: Stephen Bace 

Items
No. Item

1.

Apologies

To note any apologies for absence.

2.

Minutes pdf icon PDF 124 KB

To confirm the minutes of the meeting held on  23 November 2022. (minutes attached).

3.

Declarations of Interest

To  declare any pecuniary or personal interests relating to specific matters on the agenda.

 

Please see information note (1) at the end of the agenda

 

4.

Questions at Cabinet Meetings pdf icon PDF 226 KB

Up to 30 minutes is allowed for this item.

 

Written questions

 

To answer any written questions from a County Councillor, (or any person living or working in the county, or is affected by the work of the County Council), about any matter which relates to any item on the agenda for this meeting.

 

The closing date for the receipt of written questions is 4.00 pm on Thursday 19th January 2023.

 

Please submit any questions to stephen.bace@gloucestershire.gov.uk

 

A written answer will be provided for each written question received (to be presented to the questioner and to Cabinet (in advance of the meeting). The questions and answers will be taken as read and will not be read out at the meeting. At the discretion of the Leader of Council, each questioner ( in attendance at the meeting) will be allowed to ask one supplementary question (in response to the answer given to the original question).

 

A copy of all written questions and written answers circulated at the meeting will be attached to the signed copy of the minutes of the meeting.

 

Urgent questions

 

An urgent written question may be asked by a member of the public about any item on the Cabinet agenda for that meeting which the Chairperson considers could not have been reasonably submitted by the deadline for the receipt of written questions, provided he or she gives notice of the question to the Chief Executive by 12 noon the day before the meeting.

5.

Medium Term Financial Strategy 2023/24 to 2026/27 pdf icon PDF 348 KB

To recommend the Medium Term Financial Strategy (MTFS), Revenue and Capital Budget 2023/24 and Precept to Council.

 

Supporting documents:

 

Appendix 1 Medium Term Financial Strategy

Appendix 2 Budget Consultation Report

Appendix 3 Corporate Overview and Scrutiny draft minutes (4 January 2023)

Appendix 4 Equality Impact Assessment (see separate pack)

 

The decision to take into account the outcomes of the recent formal budget consultation and feedback from Corporate Overview and Scrutiny Committee.

 

Cllr Phil Awford (Chair of Corporate Overview and Scrutiny Committee) to present the Scrutiny Committee’s observations.

 

 

Additional documents:

Decision:

Cllr Lynden Stowe, Deputy Leader and Cabinet Member for Finance and Change, sought Cabinet approval to recommend the Medium Term Financial Strategy, (MTFS), 2023/24 budget and precept to Council.

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

1)    Consider the outcome of the budget consultation as set out in Appendix 2 and the report from the Corporate Overview and Scrutiny Committee (COSC) in Appendix 3.

2)    Approve the draft budget and to approve the MTFS and final revenue and capital budget for 2023/24 for recommendation to County Council, including all of the proposals set out in the annexes of the detailed MTFS (Appendix 1).

 

3)    Note the schools funding allocations, the provisional local government finance settlement and forecast reserve movements as summarised in this report and set out in the MTFS.

 

4)    Recommend to Council a revenue budget of £566.110 million, a band D council tax of £1,523.78 and consequential precepts on District Councils.

 

5)    Note the Capital Strategy and Treasury Management Strategy & Investment Strategy as set out in Annexes 7 & 10 of the detailed MTFS.

 

6)    Note the Risk Management Policy Statement & Strategy 2022-25 as set out in Annex 11 of the detailed MTFS for submission to County Council.

6.

Financial Monitoring Report 2022/23 pdf icon PDF 191 KB

Decision:

Cllr Lynden Stowe, Deputy Leader and Cabinet Member for Finance and Change, provided an update on the year-end forecast for the 2022/23 County Council’s Revenue and Capital Budgets

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

1.    Note the forecast revenue year end position based on December 2022 (Period 9) forecasts for the 2022/23 financial year, which is an overspend of £4.874 million all of which relates to non-Covid-19 expenditure. The Covid-19 related expenditure and income outturn is forecast to be a balanced position.

 

2.    Note delivery of the £6.772 million of savings against a target of £10.987 million in 2022/23 or 61.64% of target as detailed in Section B.

 

3.    Note the forecast capital year end position as at the end of November 2022, forecast made in December 2022 (P9) of £132.756 million against the current budget of £150.974 million.

 

4.    Approve the £1.209 million increase to the capital programme as detailed in Section C.

7.

Sufficiency Strategy for Children and Young People 2022-26 pdf icon PDF 132 KB

Additional documents:

Decision:

Cllr Stephen Davies, Cabinet Member for Children’s Safeguarding and Early Years, sought Cabinet approval for the Sufficiency Strategy Home@theHeart 2022-2026 attached at Appendix 1.

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

1.    Approve the Sufficiency Strategy for Children and Young People Homes@theHeart 2022- 2026

 

2.    Delegate authority to the Executive Director of Children’s Services in consultation with the Cabinet Member for Children’s Safeguarding and Early Years to:

 

a)    make any final changes prior to publication and implementation; and

 

b)    develop an implementation plan, in consultation with the Cabinet Member for Children’s Safeguarding and Early Years.

8.

Variation of existing contracts for Children and Family Centres pdf icon PDF 136 KB

Additional documents:

Decision:

Cllr Stephen Davies, Cabinet Member for Children’s Safeguarding and Early Years, sought Cabinet approval to enter into negotiations with the incumbent providers of targeted family support services via Children and Family Centres in Gloucestershire (encompassing Gloucester City, Forest of Dean, Stroud,

Cheltenham and Tewkesbury districts), namely Barnardos and Aspire Foundation, with a view to extending the term of the council’s existing contracts with them for a further period of 9 months, from 1 July 2023 to 31 March 2024, and to then consider and, if appropriate, approve such extensions.

 

Over the same period the provision in the Cotswolds would remain with the council’s in-house provider, delivered alongside the Supporting Families Programme.

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

Delegate authority to the Executive Director of Children’s Services to:

1. Enter into negotiations with the incumbent provider of Targeted Family Support Services within Children and Family’s Centres in the Gloucester City district and the Forest of Dean and Stroud districts, namely Barnardos, with a view to extending the term of the council’s existing contract with it for a further period of 9 months commencing 1July 2023; and

2. Enter into negotiations with the incumbent provider of Targeted Family Support Services within Children and Family’s Centres in the Cheltenham and Tewkesbury districts, namely Aspire Foundation, with a view to extending the term of the council’s existing contract with it for a further period of 9 months commencing 1July 2023.

 

3. Consider and, if appropriate, approve each of the said contract extensions following the conclusion of such negotiations.

 

Such modifications are necessitated by the transformation proposals the council is developing for its children’s services, in response to the findings of the Ofsted inspection (February 2022) and national reviews, detailed elsewhere in this report, which have made the procurement of two replacement Targeted Family Support Services contracts in the specified districts unachievable until further work is carried out by the council in developing a revised commissioning strategy which incorporates such transformation proposals. It will not be possible to complete such work in time to run a procurement process ready for a contract start date of 1July

2023, i.e., when the council’s current contracts with Barnardos and Aspire Foundation are due to expire.

 

Separate from the contract extensions referred to in Recommendations (1) (2) and (3) above, but complementary to them, the targeted family support services within Children and Family’s Centres in Cotswold district will continue to be delivered in-house by the council, through the Supporting Families Programme which will have a value of £306,395.

9.

Gloucestershire’s Holiday Activity and Food Programme 2023-2024 pdf icon PDF 197 KB

Additional documents:

Decision:

Cllr Stephen Davies, Cabinet Member for Children’s Safeguarding and Early Years, sought Cabinet approval for the commissioning of the Holiday Activities and Food (HAF) Programme.

 

Subject to amendment at the meeting and clarification of the District Lead Organisations as Cheltenham Borough Council, Cotswolds District Council, Forest Voluntary Action Forum, The Venture White City, Stroud District Council and Young Gloucestershire, and

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

1. Approve the allocation of £1,615,710 in funding received by the council from the Department for Education (“DfE”) pursuant to a Section 31 Grant Determination for the Holiday Activities and Food Programme (“HAF”) 2023 -2024 No: 31/6391 (the “HAF 2023-2024 Funding”) to the provision of the council’s HAF Programme, comprising the provision of holiday activities; food; family support; nutritional education, and such other related support as may be required, during the Spring, Summer and Winter school holiday periods as follows:

 

1.1 £1,263,045 shall, on the basis set out in Annex One to this report, be apportioned in the period 1st April 2023 – 31st March 2024 to providing support to children and families in each of Gloucestershire’s districts. Funding will be distributed in proportion to (a) the number of children and young people who are eligible to receive Free School Meals (“FSM”) in each district; (b) the rurality of each district and c) the number of children and young people with an Education and Health Care Plan (EHCP) in each district. Such funding will be used by council appointed organisations to meet the requirements of such HAF Programme in line with relevant funding guidance from the DfE.

 

1.2 £161,571 (i.e., 10% of the HAF 2023 -2024 Funding) shall be utilised, in the period 1st April 2023 to 31st March 2024, in support of the business and logistical processes that are essential for delivery of the HAF Programme. Such funding will be used by the council to ensure the effective and timely delivery of the HAF Programme across Gloucestershire.

 

 

1.3 £191,094 shall be allocated, in the period 1st April 2023 to 31st March 2024, to the delivery, by council appointed organisations, of any HAF Programme deliverables that are required to address gaps and shortfalls that may exist in relation to the HAF Programme deliverables procured under Recommendation 1.1 above. Such HAF Programme deliverables shall be delivered in accordance with relevant DfE funding guidance.

 

Save for the HAF 2023-2024 Funding to be allocated to District Leads on the basis set out in Annex One hereto (who were awarded 3-year contracts commencing 29th July 2022 under the under the HAF Modified Framework Agreement), the opportunity for organisations to receive the funding described in this Recommendation 1 will be advertised and made available on the basis described in Recommendation 3 below under the council’s HAF Modified Framework Agreement that was established in May 2022 pursuant to a Cabinet Decision dated 23rd February 2022, for the purpose of engaging public, voluntary and private  ...  view the full decision text for item 9.

10.

Recommissioning Youth Support Services - an extension to the current contract pdf icon PDF 166 KB

Additional documents:

Decision:

Cllr Stephen Davies, Cabinet Member for Children’s Safeguarding and Early Years, sought Cabinet approval to enter into negotiations with the incumbent providers of Youth Support Services with a view to extending the current contract, due to expire on 30th June 2023, for a further 12 months to allow for changes in the operating landscape to be fully embedded within partner arrangements

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

Delegate authority to the Executive Director of Children’s Services to:

 

1.    Enter into negotiations with the incumbent provider of Youth Support Services, namely Prospects, with a view to extending the term of the council’s existing contract with it for a further period of 12 months commencing 1st July 2023; and

2.    Consider and, if appropriate, approve the said contract extension following the conclusion of such negotiations.

 

11.

School Admission Arrangements for 2024/25 Academic Year pdf icon PDF 440 KB

Additional documents:

Decision:

Cllr Philip Robinson, Cabinet Member for Education, Skills and Bus Transport, sought Cabinet approval to determine the following school admission arrangements for 2024/25 academic year:

  • The Co-ordinated Admissions Schemes for all schools and academies
  • The Admission Arrangements for Community & Voluntary Controlled Schools
  • The Protocol for pupil admittance over Published Admission Number for Community & Voluntary Controlled Schools and Service Personnel.

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

Approve the School Co-ordination and Admission Arrangements as set out in the documents referred to below:

Appendix 1 The Co-ordinated Admissions Scheme for 2024 for all Primary/Infant/Junior/Secondary Schools and Academies

Appendix 2 The Admissions Arrangements for Community and Voluntary Controlled Primary/Infant/Junior Schools and Secondary School for 2024 (Including Published Admission Numbers)

Appendix 3 Protocol for pupil admittance over published admission number for Community and Voluntary Controlled Schools for 2024

 

Appendix 4 School Admissions guidance for children of UK service personnel and crown servants for Community and Voluntary Controlled Schools

 

12.

Decision to Procure and Award a Contract to Deliver Community Drug and Alcohol Services for Adults from 1st April 2024 pdf icon PDF 213 KB

Additional documents:

Decision:

Leader of the Council, Cllr Mark Hawthorne, sought Cabinet approval to competitively tender and award a contract for the delivery of Community Drug and Alcohol Services for Adults from 1st April 2024.

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

Delegate authority to the Director of Public Health, in consultation with the Leader of the Council to:

 

1.    Conduct a competitive procurement process in respect of a contract for the supply of community drug and alcohol treatment and recovery services for adults. The proposed contract shall continue for an initial period of five years and include options to extend its term either for a further period of four years on its fifth anniversary, or two further periods of two years on its fifth and seventh anniversaries respectively (i.e., 5+4 years or 5+2+2 years).

 

2.    Award such contract to the preferred tenderer; and

 

3.    Determine whether to exercise the options to extend the term of such contract for a further period of four years on its fifth anniversary or (as appropriate) two further periods of two years on its fifth and seventh anniversaries respectively

 

13.

Specialist Sexual Health Service delivery arrangements 2024 - 2033 pdf icon PDF 245 KB

Additional documents:

Decision:

Leader of the Council, Cllr Mark Hawthorne, sought Cabinet approval to continue to commission the Specialist Sexual Health Service via a Section 76 agreement with NHS Gloucestershire Integrated Care Board from 1April 2024, in order to secure the delivery of the Council’s statutory responsibilities for sexual health. Utilising the current arrangement, this will be under Section 76 agreement.

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

Delegate authority to the Director of Public Health, in consultation with the Leader of the Council to:

 

1)    Transfer monies to NHS Gloucestershire Integrated Care Board (the ICB) under a Section 76 Agreement (pursuant to s.76 of the National Health Service Act 2006, as amended by the Health and Social Care Act 2012), in order for the ICB to commission the delivery of the Specialist Sexual Health Service. The proposed funding arrangement shall continue for an initial period of 7 years and include an option to extend for a further period of not more than two years (1st April 2024 to 31st March 2033).

 

2)    Determine whether to exercise the option to extend the arrangement for a further period of not more than 2 years, on the expiry of the initial 7 year term.

 

14.

Public Health Nursing Service Delivery Arrangements 2024 - 2033 pdf icon PDF 153 KB

Additional documents:

Decision:

Leader of the Council, Cllr Mark Hawthorne, sought Cabinet approval to continue to commission Public Health Nursing services by means of a funding transfer from the Council to NHS Gloucestershire Integrated Care Board in order to secure the delivery, from 1st April 2024 until a date no later than 31st March 2033, of the Council’s statutory responsibilities in respect of the commissioning of health visiting and school nursing services.

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

1)    Approve the continuation of the arrangements currently in place between council and NHS Gloucestershire Integrated Care Board (“the ICB”) in respect of the supply of Public Health Nursing Services by means of a funding transfer from the council to the ICB under a Section 76 Transfer Agreement (in exercise of powers under Section 76 of the National Health Service Act 2006) on the basis that such transfer will secure a more effective use of public funds than the deployment of an equivalent amount on the provision of such services by the Council.

The proposed funding arrangement shall continue for an initial period of 7 years and include an option to extend for a further period of not more than 2 years (1st April 2024 to 31st March 2033 if so extended).

2)    Delegate authority to the Director of Public Health in consultation with the Leader of the Council to determine whether to exercise the option to extend the term of such arrangements for a further period of not more than 2 years on the expiry of the initial 7-year term.

15.

Extension of existing Section 75 (joint funding arrangements) between Gloucestershire County Council and NHS Gloucestershire to 31 March 2025. pdf icon PDF 138 KB

Decision:

Cllr Carole Allaway-Martin, Cabinet Member - Adult Social Care Commissioning, sought Cabinet approval to exercise a 2-year extension option under the council’s Framework Partnership Agreement with NHS Gloucestershire Integrated Care Board (NHS GICB), (the successor body to NHS Gloucestershire Clinical Commissioning Group (GCCG) with whom the agreement was entered into originally) relating to the commissioning of health and social care services

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

Approve the exercise of a 2-year extension option under a Framework Partnership Agreement between the council and NHS GICB relating to the commissioning of health, public health, children’s and adult social care services (in exercise of powers under Section 75 of the National Health Service Act 2006) that was entered into pursuant to a Cabinet decision on 11 March 2020 (the “Section 75 Agreement”).

 

16.

Gloucestershire Climate Change Strategy 3rd Annual Report & 5-Year Action Plan 2023/24 – 2027/28 pdf icon PDF 170 KB

Additional documents:

Decision:

Cllr David Gray, Cabinet Member for Environment and Planning, provided an update of progress on the Gloucestershire Climate Change Strategy and sought approval of the action plan 2023-2028.

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

1)    Note the overall emissions for the County Council and for Gloucestershire outlined in the decision report published with the agenda and in Annex 1 to the report;

 

2)    Note the progress and planned key actions outlined in the published decision report and in Annex 1; and

 

3)    Approve the outline five-year Action Plan (Annex 1, Appendix 2), for report to Leadership Gloucestershire’s Climate Leadership Group.

 

17.

M5 Junction 10 - Approval to move to DCO submission to seek Secretary of State consent for the scheme. pdf icon PDF 841 KB

Decision:

Cllr David Gray, Cabinet Member for Environment and Planning, sought approval to submit the M5 Junction 10 (M5J10) Development Consent Order (DCO) to the Planning Inspectorate and to progress planning permission and compulsory acquisition powers.

 

Members noted an inaccuracy to paragraph 19 of the decision report. Cllr Gray advised that the information was not relevant to the decision being considered by Cabinet at this meeting and, as such, had been excluded from the report. For clarification, Cllr Gray referred members to the cabinet decision report considered at the cabinet meeting on 22 July 2020; ‘M5J10 Improvement Scheme; Commitment to use Compulsory Purchase Powers’, and subsequent approval by Cabinet to exercise these powers, if required, alongside continued negotiated settlement. Cllr Gray assured members all landowners impacted by the scheme had been part of a comprehensive consultation and engagement process that would remain ongoing throughout the DCO process.

 

Subject to clarification of the inaccuracy to paragraph 19 above and having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

1)    Approve the submission of an application for a Development Consent Order (DCO) to the Planning Inspectorate (PINS) for planning permission to construct the M5 Junction 10 Improvements Scheme (including powers of compulsory acquisition and any other powers required to facilitate the Scheme).

 

2)    Delegate authority to Executive Director of Economy, Environment and Infrastructure in consultation with Cabinet Member for Environment and Planning to implement the programme as set out in paragraph 24 of this report.

 

18.

The Procurement of a Framework Agreement for the provision of large value Asset Management and Property related services. pdf icon PDF 114 KB

Additional documents:

Decision:

Cllr Lynden Stowe, Deputy Leader and Cabinet Member for Finance and Change, sought Cabinet approval to conduct a tender process for the procurement of a four year framework agreement and call-off contracts thereunder relating to the supply of medium and large asset management and property related services and/or projects. The council’s total estimated aggregate spend under the proposed framework agreement is £140m.

 

This Major Works Framework would also be offered to other public sector bodies within Gloucestershire giving them the ability to access these contractors and services, entering their own contracts with suppliers using GCC’s framework agreement.

 

Having considered all of the information, Cabinet noted the report and

 

RESOLVED to:

 

Delegate authority to the Assistant Director of Asset Management & Property Services, in consultation with the Cabinet Member for Finance and Change and the Executive Director of Corporate Resources to:

 

1) Conduct a competitive procurement process in respect of a 4-year Major Works Framework Agreement relating to the delivery of medium and large asset management and property related works, services and/or projects where the value of such works, services and/or projects under any individual call-off contract thereunder is £150k or more.

Such Framework Agreement shall be divided into the following two Lots:

  • Lot 1 - any works, services and/or projects whose value exceeds £150k but is less than £600k;
  • Lot 2 - any works, services and/or projects whose value is £600k or more, (no upper limit)

 

and shall permit District Councils, Parish, Town Councils, the NHS, and Academies in Gloucestershire to use such Framework Agreement to acquire works, services and/or projects under their own call-off contracts.

 

2) Appoint each of the preferred tenderers to the relevant Lot under the proposed Framework Agreement.

 

3) Procure and award as many Call-Off Contracts as may be required by the council under the relevant Lots of the proposed Framework Agreement, whose combined aggregate values, including the aggregate value of call-off contracts awarded by the public sector bodies described in Recommendation 1) above, shall not exceed £140m.

 

In the event that the value of any single proposed call-off contract under such Framework Agreement will exceed £500,000, a separate key decision shall be sought in order to approve the award of such call-off contract in accordance with the Council’s Constitution.