The following declarations of interest were received:

(i)         Councillor I Khan disclosed a prejudicial interest in the item relating to       the 2017-18 and 2018-19 Budget Update and Financial Outlook to      2020/21, as a Member who worked in the voluntary sector.  The   Member stated that he had been granted a dispensation by the        City Solicitor under the Localism Act to speak and vote on the    respective budget items.

(ii)        Councillor Ross-Shaw also disclosed a prejudicial interest in the item        relating to the 2017-18 and 2018-19 Budget Update and Financial       Outlook to 2020/21, as a close relative worked in a school. The   Member stated that he had also been granted a dispensation by the           City Solicitor under the Localism Act to speak and vote on the          respective budget items.

ACTION:       City Solicitor

Recommended –

That the minutes of the meeting held on 6 December 2016 be signed as a correct record (previously circulated).

(Jill Bell  - 01274 434580)

Resolved –

That the minutes of the meeting held on 6 December 2016 be signed as a correct record.

The receipt of the following recommendations to the Executive was noted:

1.            Corporate Overview & Scrutiny Committee 11 January 2017

RISK MANAGEMENT UPDATE 2016

Resolved –

(1)          That the Executive ensures that Portfolio holders review Departmental Risk Registers in their respective areas of responsibility.

(2)       That this committee requests that all Overview and Scrutiny Committees consider Departmental Risk Registers relevant to their area of responsibility.

(3)       That a progress report be presented to this Committee in 12 months time.

NOTE: In receiving the above recommendation the Leader reminded all Portfolio Holders to review Departmental Risk Registers with the appropriate Strategic Director on a regular basis.

2.            Council 17 February 2017

Petition – Ian Clough Hall Baildon

Resolved –

That the petition be referred to the Executive.

NOTE: In noting the receipt of the above recommendation the Leader stated that it would be considered later in the meeting under the item relating to Consultation Feedback and Equality Impact Assessments for the 2017-18 and 2018-19 budget proposals.

3.            Children’s Services Overview & Scrutiny Committee 31 January 2017

The report of the City Solicitor (Document “AY”) recommends a schedule of ordinary meetings for Council and the Executive for the municipal year 2017-18.

Recommended -

(1)       That the schedule of meetings of the Executive for 2017-18 as set out in appendix 1 to this report be approved.

(2)       That it be a recommendation to the annual meeting of Council that the ordinary meetings of Council for 2017-18 as set out in appendix 1 to this report be approved.

(Jill Bell – 01274 434580)

The report of the City Solicitor (Document “AY”) recommended a schedule of ordinary meetings for Council and the Executive for the municipal year 2017-18.

Resolved -

(1)       That the schedule of meetings of the Executive for 2017-18 as set out in appendix 1 to Document “AY” be approved.

(2)       That it be a recommendation to the annual meeting of Council that the ordinary meetings of Council for 2017-18 as set out in appendix 1 to Document “AY” be approved.

ACTION: City Solicitor

On 6 December 2016 the Executive approved amended and new budget proposals for consultation as required with the public, interested parties, staff and the Trade Unions.

The report of the Strategic Director of Corporate Services (Document “AZ”) provides the Executive with an update on national announcements and local decisions since 6 December 2016. It also identifies issues and uncertainties which could still have a bearing on the final size of the funding gap for the financial years 2017/18 and 2018/19 to be closed by Budget decisions.

Executive will need to have regard to the information contained in this report when considering the recommendations to make to Council at their meeting on 21 February 2017.

Recommended -

Executive is asked to note the contents of Document “AZ” and to have regard to the information contained within this report when considering the recommendations to make to Council on a budget for 2017/18 and budget proposals for 2018/19 at their meeting on 21 February 2017.

(Corporate Overview & Scrutiny Committee) (Tom Castleton – 01274 434472)

On 6 December 2016 the Executive approved amended and new budget proposals for consultation as required with the public, interested parties, staff and the Trade Unions.

The report of the Strategic Director of Corporate Services (Document “AZ”) provided the Executive with an update on national announcements and local decisions since 6 December 2016. It also identified issues and uncertainties which could still have had a bearing on the final size of the funding gap for the financial years 2017/18 and 2018/19 to be closed by Budget decisions.

Executive would need to have regard to the information contained in the report when considering the recommendations to make to Council at its meeting on 21 February 2017.

The Strategic Director, Corporate Services introduced the document which comprised an interim report on the changes to the financial landscape since December 2016.  He highlighted the two main issues in the Local Government settlement which were the flexibility to introduce a social care precept up to a maximum of 6% over 3 years; and the proposed changes to the New Homes Bonus scheme.  He highlighted the summary of potential movements contained in table 5 of the report.  He noted that National Funding Formula changes for schools had been approved by the Schools Forum on 18 January 2017.  He explained that the report had been written based on the interim financial settlement and that the final settlement would be approved by Parliament.

The Leader noted that the authority would no longer receive Revenue Support Grant by 2020 which would have a significant impact on decisions that the Council would have to take.

The Health and Wellbeing Portfolio Holder referred to the Council decision to send a deputation to the Secretary of State for Health to highlight the need to undertake a complete overhaul of social care funding.  She added that the Government had only given a one off grant and the ability to introduce a social care precept which was not considered sufficient to fund social care for residents of the District.  She set this in the context of the growing number of older people and people with additional needs in the District.

The Strategic Director advised members that unallocated reserves were £13.8m.  He was proposing to redirect allocated reserves to new purposes but to leave unallocated reserves.  He stressed the need to ensure that the Council remaind financially resilient.  He would report to Executive on 21 February on the adequacy of reserves.

Resolved -

That Executive note the contents of Document “AZ” and have regard to the information contained within this report when considering the recommendations to make to Council on a budget for 2017/18 and budget proposals for 2018/19 at their meeting on 21 February 2017.

ACTION: Strategic Director of Corporate Services

On 6 December 2016 the Executive approved new budget proposals for consultation as required with the public, interested parties, staff and the Trade Unions.  The report of the Chief Executive (Document “BA”) and appendices provide feedback from the public engagement and consultation programme and sets out a summary of the equality assessments carried out on the Executive’s Budget proposals for 2017-18 and 2018-19. There is particular reference to the Council’s responsibilities under equality legislation to enable the Executive to have due regard to the Public Sector Equality Duty when considering its recommendations to Council on a budget for 2017-18 and 2018-19.

Recommended -

That in accordance with Section 149 of the Equality Act 2010, the Executive has regard to the information contained in this report, appendices and equality assessments when considering the recommendations to make to the Council on a budget for 2017-18 and 2018-19 on 23 February 2017.

(Corporate Overview & Scrutiny Committee) (Dave Preston – 01274 431241)

On 6 December 2016 the Executive approved new budget proposals for consultation as required with the public, interested parties, staff and the Trade Unions.  The report of the Chief Executive (Document “BA”) and appendices provided feedback from the public engagement and consultation programme and set out a summary of the equality assessments carried out on the Executive’s Budget proposals for 2017-18 and 2018-19. There was particular reference to the Council’s responsibilities under equality legislation to enable the Executive to have due regard to the Public Sector Equality Duty when considering its recommendations to Council on a budget for 2017-18 and 2018-19. The Chief Executive also submitted an addendum to Document “BA”. 

It was noted that the consultation would close on 12 February 2017 and that a final addendum would be presented to the Executive on 21 February.  The Chief Executive summarised the consultation and engagement programme, the level of responses received and specific issues raised.  It was noted that community interest groups had raised Adult Social Care and Public Health as areas of most concern.  Petitions had been received regarding Ian Clough Hall, Baildon and Silsden Town Hall.  

The Leader stressed that no decision would be made at this meeting, that updated feedback would be reported to the Executive on 21 February at which meeting recommendations would be made to Council on 23 February.

It was noted that the number of on-line responses and letters received was similar to the previous year.

The Health and Wellbeing Portfolio Holder referred to the additional feedback on Adult Social Care contained in the addendum and noted that it accounted for £158m which was a large proportion of the Council’s overall budget.  She stressed the need to ensure that the views of these vulnerable people were taken into account.

The Chief Executive emphasised the events that had been undertaken with partnerships and service users to receive their feedback, which were recorded in the report.  It was noted that suggestions had been received on how to manage services going forward which were similar to those received in previous years and that respondents had tended to focus on the first two years of the four year period being consulted on.  Participants had been encouraged to put forward alternative suggestions at consultation events.

The Regeneration, Planning and Transport Portfolio Holder referred to the consultation that had taken place with the business sector.

The Strategic Director reported on the building rationalisation programme which had been in operation for a number of years and had made an impact on the number of buildings that the Council occupied.  He referred to buildings with backlog maintenance issues and also the need to make them more energy efficient and noted the on going programme to reduce the footprint of buildings used by the Council.

The Chief Executive confirmed that the Equality Impact Assessments would be updated in line with feedback received and presented to the Executive on 21 February.

A number of Silsden Town Hall petitioners attended the meeting  one  ...  view the full minutes text for item 85.

The report of the Director of Human Resources (Document “BB”) and appendices provide interim feedback from the Council’s Trade Unions on the Council’s budget proposals for the 2017/18 and 2018/19 Council Budget for consideration by Executive.

Recommended -

That Executive considers and has regard to the interim feedback received from the Council’s Trade Unions in relation to the budget proposals when considering its recommendations to Council on the Council’s budget for the financial years 2017/18 and 2018/19.

(Corporate Overview & Scrutiny Committee)

(Michelle Moverley – 01274 437883)

On 6 December 2016 the Executive approved new budget proposals for consultation as required with the public, interested parties, staff and the Trade Unions.  The report of the Chief Executive (Document “BA”) and appendices provided feedback from the public engagement and consultation programme and set out a summary of the equality assessments carried out on the Executive’s Budget proposals for 2017-18 and 2018-19. There was particular reference to the Council’s responsibilities under equality legislation to enable the Executive to have due regard to the Public Sector Equality Duty when considering its recommendations to Council on a budget for 2017-18 and 2018-19.

The Leader thanked staff and unions for the meaningful and constructive consultation. 

Resolved -

That Executive considers and has regard to the interim feedback received from the Council’s Trade Unions contained in Document “BB” in relation to the budget proposals when considering its recommendations to Council on the Council’s budget for the financial years 2017/18 and 2018/19.

ACTION: Director of Human Resources

The report of the Strategic Director of Corporate Services (Document “BC”) provides Members with an overview of the forecast financial position of the Council for 2016-17.

It examines the latest spend against revenue and capital budgets and forecasts the financial position at the year end. It states the Council’s current balances and reserves and forecasts school balances for the year.

Recommended -

That the Executive approve the actions being taken in departments to mitigate the forecast overspend.

(Corporate Overview & Scrutiny Committee) (Andrew Cross – 01274 4368230

The report of the Strategic Director of Corporate Services (Document “BC”) provided Members with an overview of the forecast financial position of the Council for 2016-17.

It examined the latest spend against revenue and capital budgets and forecast the financial position at the year end. It stated the Council’s current balances and reserves and forecast school balances for the year.

The Leader noted that the forecast spend was £5.8m less than reported in Quarter 2 and thanked officers for their actions to balance the books.  She noted, however that the Department of Health and Wellbeing (formerly Adult Services and Public Health) and Children’s Services were still forecast to overspend.  

The Health and Wellbeing Portfolio Holder stressed that both services had seen an increase in demand, with 25% higher rates of contact in Adult Services and a 9% increase in the number of children coming into care.  She added that work was being undertaken within the Department of Health and Wellbeing on changing the way that services were delivered.  Within Children’s Services, officers were looking into how the Council worked with vulnerable children and whether children in care outside the District could be cared for within the District.  She stressed that the Council could not set a deficit budget so other Council services had to make savings to account for the increased demand in Adults and Children’s Services.

The Environment, Sport and Culture Portfolio Holder noted that officers had taken action to mitigate pressures in waste services.  She referred to the success of the garden waste collection which had exceeded the budget by £0.2m.  A pilot two weekly bin collection was to be introduced which would help with financial pressures going forward.

Resolved -

That the actions being taken in departments to mitigate the forecast overspend be approved.

ACTION: Strategic Director of Corporate Services

(Councillor Ross-Shaw)

NOTE: The following item has been included on this agenda as an exception to the Forward Plan in accordance with paragraph 10 of the Executive Procedure Rules set out in the Council’s Constitution.

A petition was received by the Council seeking the reinstatement of the Post of Development Officer Inclusion & Mobility within Planning Transportation and Highways Service. The petition was referred to Executive by Full Council on 13 December 2016.

This report sets out the background to the deletion of the post including as part of the budget process and a service wide restructure in 2016 and the alternative arrangements to be put in place to undertake this work and meet its duties to equalities groups in on going service delivery.

The report of the Strategic Director of Place (Document “BD”) has not been included on the published forward plan as an issue for consideration however the matter relates to the implementation of a restructure and agreed budget proposal and as such a decision is needed urgently in order to be consider as soon as possible any budget implications and also implications for the current post holder .  As it is impractical to defer the decision until it has been included in the published Forward Plan the report is submitted in accordance with paragraph 10 of the Executive Procedure Rules set out in the Council’s Constitution.

Recommended -

That the post of Development officer Mobility and inclusion is not reinstated and the new arrangements are endorsed.

(Regeneration & Economy Overview & Scrutiny Committee)

(Andrew Marshall – 01274 434050)

A petition was received by the Council seeking the reinstatement of the Post of Development Officer Inclusion & Mobility within Planning Transportation and Highways Service. The petition was referred to Executive by  Council on 13 December 2016.

The report of the Strategic Director of Place (Document “BD”) set out the background to the deletion of the post included as part of the budget process and a service wide restructure in 2016 and the alternative arrangements which were to be put in place to undertake this work and meet its duties to equalities groups in on going service delivery.

The report of the Strategic Director of Place had not been included on the published forward plan as an issue for consideration however the matter related to the implementation of a restructure and agreed budget proposal and as such a decision was needed urgently in order to be consider as soon as possible any budget implications and also implications for the current post holder .  As it was impractical to defer the decision until it has been included in the published Forward Plan the report was submitted in accordance with paragraph 10 of the Executive Procedure Rules set out in the Council’s Constitution.

A number of people with disabilities attended the meeting and spoke in support of reinstating the post.  They stressed that the current post holder was disabled and understood the daily difficulties of life as a disabled person.  They maintained that there was no one in the Council who understood the principles of disability design and who had the current post holder’s skill sets and networks.  They asked that the Executive have sight of the Equality Impact Assessment (EIA) to demonstrate how the Council had undertaken a rigorous EIA.  They stated that, without the post, the Council’s planning would be less effective.  They stressed that he was a dedicated specialist mobility officer with a specialist set of skills.  He had built bridges and given people with disabilities access to members of Council and transport providers in the district.  The post provided a lifeline for people with disabilities.  There were growing numbers of disabled adults and children in the district and people who could not access the disability planning group needed a voice.  The post holder was specialised in mobility issues and was able to represent people with disabilities to the Council and represent the Council to people with disabilities.  He was their advocate, representative and liaison officer. 

A member who was the Co-Chair of the Strategic Disability Partnership attended the meeting and spoke in opposition to the deletion of the post. He expressed concern about the way in which the views of the Partnership had been related to members.  He questioned who would be responsible for training.

In response the Strategic Director reminded members that the post had been introduced in 2006 on a temporary basis to embed mobility and inclusion into the way in which officers worked.  He went on to report that a lot of good work  ...  view the full minutes text for item 88.

The decision of the Executive has been called in.  The reasons for the call in are set out below:

In accordance with Paragraph 8.6.2 of the Council Constitution, I request that the decision of the Executive Committee, 10 January 2017, relating to Agenda Item7, Fostering Allowances Review, be called in for the reasons detailed below.

·         It is acknowledged by the council that Foster Carers already possess a strong sense of being undervalued, though the report provides members with no indication or projection of the potential impact that the implementation of the Executive’s decision, may have upon the Council’s Sufficiency Duty in relation to looked after children.

·         Whilst the report makes reference to legal requirements relating to payments made to the carers of Looked After Children and the actions of the Courts, in to date rejecting local authority justifications for differences in allowances paid to the different types of carers, the information provided regarding the legal requirements is not sufficient for members to ascertain whether the Council’s circumstances are comparable and thus whether any legal obligations are likely to be breached.  

The Call-in will be considered by the Children’s Services Overview and Scrutiny Committee on Tuesday 31 January 2017. In response to the call-in the Strategic Director of Children’s Services will submit to the Children’s Services Overview & Scrutiny Committee Document “AG” which provides a commentary on the call-in. 

The recommendations from the Children’s Services Overview & Scrutiny Committee, if any will be reported to the Executive.

                                    (Jill Bell / Yusuf Patel - 01274 434580 434579)

On 31 January the Children’s Services Overview & Scrutiny Committee

It was noted that a further report would be considered at the meeting of the Executive on 21 February 2017.

The report of the Strategic Director of Children’s Services (Document “BE”) asks the Executive to determine the admission arrangements for September 2018 including:

·         Approving the Admission Arrangements forCommunity and Voluntary-Controlled Schools

·         Approving the Coordinated Admission Schemes.

·         Approving the In Year Coordinated Admission Scheme

·         Approve the publication of Statutory Proposals  for the expansion of All Saints’ C of E Primary School( Ilkley)

·         Approve the publication of Statutory Proposals for the expansion of Poplars Farm Primary school.

·         Consider the proposed expansion of Steeton Primary School.

·         Approve changes to the admissions policy for Sandal Primary School to include an oversubscription priority area.

·         Approve changes to the admissions policy for Silsden Primary School to include an oversubscription priority area.

·         Noting the “own admissions authority schools” proposing changes to their admission policies.

·         Noting Published Admission Numbers

Recommended -

(1)       That the Executive approve the Primary and Secondary Admission Arrangements.

(2)       That the Executive approve the Primary and Secondary Co-ordinated Admissions Scheme.

(3)          That the Executive approve the In-Year Coordinated Admissions Scheme.

(4)          That the Executive approve the increase in the PAN from 45 to 60 and the publication of Statutory Proposals to enlarge the school premises of All Saints’ C of E Primary School (Ilkley) by increasing the capacity of the school from 315 to 420 from September 2018.

(5)          That the Executive approve the increase in the PAN from 30 to 60 and the publication of Statutory Proposals to enlarge the schools premises of  Poplars Farm Primary School by increasing the capacity of the school from 210 to 420 from September 2018.

(6)          That the Executive postpone the proposed increase in the PAN and enlargement of Steeton Primary School whilst additional monitoring be carried out on the demand for places and the possible creation of admission oversubscription priority areas in this and the Keighley area.

(7)          That the Executive  approve the inclusion of priority area option 1 to be included as part of to the admissions oversubscription for Sandal Primary School as shown in Appendix K

(8)          That the Executive approve the inclusion of priority area option 3 to be included as part of the admissions oversubscription for Silsden Primary School as shown in Appendix L.

(9)          That the Executive note the proposed changes to the admissions oversubscription criteria for own admissions authority schools listed in section 3.7.

(10)       That the Executive note the Published Admission Numbers contained in appendix G.

(Children’s Services Overview & Scrutiny Committee)

                                    (Judith Kirk – 01274 431078)

The report of the Strategic Director of Children’s Services (Document “BE”) asked the Executive to determine the admission arrangements for September 2018 including:

·         Approving the Admission Arrangements forCommunity and Voluntary-Controlled Schools

·         Approving the Coordinated Admission Schemes.

·         Approving the In Year Coordinated Admission Scheme

·         Approve the publication of Statutory Proposals  for the expansion of All Saints’ C of E Primary School( Ilkley)

·         Approve the publication of Statutory Proposals for the expansion of Poplars Farm Primary school.

·         Consider the proposed expansion of Steeton Primary School.

·         Approve changes to the admissions policy for Sandal Primary School to include an oversubscription priority area.

·         Approve changes to the admissions policy for Silsden Primary School to include an oversubscription priority area.

·         Noting the “own admissions authority schools” proposing changes to their admission policies.

·         Noting Published Admission Numbers

The Education, Employment and Skills Portfolio Holder welcomed the report and stressed that the authority would continue to ensure that school places where provided where they were needed.

The Leader added that there was a need to ensure that good school places were made available as Bradford was the city with the youngest population in the country .

Resolved -

(1)       That the Primary and Secondary Admission Arrangements contained in Document “BE” be approved.

(2)       That the Primary and Secondary Co-ordinated Admissions Scheme contained in Document “BE” be approved.

(3)          That the In-Year Coordinated Admissions Scheme contained in Document “BE” be approved.

(4)          That the increase in the PAN from 45 to 60 and the publication of Statutory Proposals to enlarge the school premises of All Saints’ C of E Primary School (Ilkley) by increasing the capacity of the school from 315 to 420 from September 2018 be approved.

(5)          That the increase in the PAN from 30 to 60 and the publication of Statutory Proposals to enlarge the schools premises of  Poplars Farm Primary School by increasing the capacity of the school from 210 to 420 from September 2018 be approved.

(6)          That the proposed increase in the PAN and enlargement of Steeton Primary School be postponed whilst additional monitoring be carried out on the demand for places and the possible creation of admission oversubscription priority areas in this and the Keighley area.

(7)          That the inclusion of priority area option 1 to be included as part of to the admissions oversubscription for Sandal Primary School as shown in Appendix K to Document “BE” be approved.

(8)          That the inclusion of priority area option 3 to be included as part of the admissions oversubscription for Silsden Primary School as shown in Appendix L to Document “BE” be approved.

(9)          That the proposed changes to the admissions oversubscription criteria for own admissions authority schools listed in section 3.7 of Document “BE” be noted.

(10)       That the Published Admission Numbers contained in appendix G to Document “BE” be noted.

ACTION: Strategic Director of Children’s Services

The report of the Strategic Director of Place (Document “BF” which contains a Not For Publication Appendix) seeks Executive approval to an increase in Trade Waste charges for 2017/18 financial year as required by financial regulations, as the proposals represent an above inflation increase, to take full account of and therefore fully recover waste collection, treatment and disposal costs of the service.

Recommended -

That option “Proposal 2” contained in the not for publication Appendix 1 that the full price increase for all containers be applied in 2017/18 with the exception of the 240L container which should be staggered over 2 financial years 2017/18 and 2018/19, be approved.

(Environment & Waste Management Overview & Scrutiny)

(Richard Longcake – 01274 432855)

The report of the Strategic Director of Place (Document “BF” which contains a Not For Publication Appendix) sought Executive approval to an increase in Trade Waste charges for 2017/18 financial year as required by financial regulations, as the proposals represented an above inflation increase, to take full account of and therefore fully recover waste collection, treatment and disposal costs of the service.

Resolved -

That option “Proposal 2” contained in the Not For Publication Appendix 1 to Document “BF”, that the full price increase for all containers be applied in 2017/18 with the exception of the 240L container which should be staggered over 2 financial years 2017/18 and 2018/19, be approved.

Environment & Waste Management Overview & Scrutiny

ACTION: Strategic Director of Place