Dispensations under the Localism Act 2011

Under the Constitution the Monitoring Officer, in consultation with the Chair of Standards Committee, may grant a dispensation to all Executive Members who have Disclosable Pecuniary Interests, as defined in the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 for the purposes of the Executive Budget meeting on 20 February 2018.

Section 33 of the Localism Act 2011 provides that on written request a dispensation may be granted relieving the Member from the restrictions which apply to Members with a DPI.

The Act allows a dispensation to be granted in the following circumstances for a specified period of time not exceeding 4 years:-

-       Members of the Executive would be prohibited from participating in particular business to be transacted by the Executive.

On the same basis as the case for dispensations in respect of DPIs, the Deputy Monitoring Officer has advised Members who have personal interests where there is or may be a conflict of interest that they should also not be prevented from speaking and voting at the Executive budget meeting owing to the number of Councillors likely to be affected.

In the circumstances, the Deputy Monitoring Officer, in consultation with the Chair of Standards Committee, is satisfied that the criterion is met and has granted a dispensation to those Members of Executive who have requested such dispensations to enable them to participate in the consideration of the Council budget and the recommendation of the Council Tax and Business Rates for 2018/19.

The following declarations of interest were received:

(i)                    Elected Members granted dispensations under the Localism Act 2011 in relation to their declared Disclosable Pecuniary Interests relating to employment, sponsorship and land for the purposes of speaking and voting at the Executive Budget meeting on 20 February 2018

EMPLOYMENT

(ii)                  The following members disclosed a personal interest in the item on the agenda relating to the Budget  2018 –19  and of the nature and description indicated by each category:

Members with a spouse, partner or close relative in the employment of the Council

Members employed by or who have a spouse, partner or close relative employed by a voluntary organisation/public body funded by the Council.

Members who occupied land or who had a spouse, partner or relative who did or who were directors of companies or sat on the management committee of an organisation that occupies land under a lease or licence granted by the Council.

Members of other public authorities.

Airedale Partnership

Councillor Ross Shaw 

City Regions Board (LGA)

Councillor Hinchcliffe

Greenmoor Community Board – City and Great Horton Wards          

Councillor Jabar     

Key Cities

Councillor Hinchcliffe

Councillor I Khan 

Leeds Bradford International Airport – Consultative Committee

Councillor Ross-Shaw 

Leeds City Region Local Enterprise Partnership

Councillor Hinchcliffe 

Leeds City Region  ...  view the full minutes text for item 91.

Recommended –

That the minutes of the meetings held on 5 December 2017 and

9 January 2018 be signed as a correct record (previously circulated).

(Jill Bell  - 01274 434580)

Resolved-

That the minutes of the meetings held on 5 December 2017 and 9 January 2018 be signed as a correct record.

(Access to Information Procedure Rules – Part 3B of the Constitution)

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

If that request is refused, there is a right of appeal to this meeting. 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

(Jill Bell - 01274 434580)

There were no appeals submitted by the public to review decisions to restrict documents.

To note any recommendations to the Executive that may be the subject of report to a future meeting.  (Schedule to be tabled at the meeting). 

 (Jill Bell - 01274 434580)

(i)         CHILDREN’S SERVICES OVERVIEW AND SCRUTINY COMMITTEE – 14 FEBRUARY 2018

Note:  In noting the receipt of the above recommendation the Leader requested the item be fed into the consultation process and responded to by officers when this item is  considered at a future meeting.

Action:           Strategic Director Children’s Services

The report of the Assistant Director Finance and Procurement (Document “AZ”) provides Members with details of the Council’s Revenue Estimates for 2018/19 and 2019/20.

RECOMMENDATIONS TO COUNCIL

Executive is asked to approve the following recommendations to Council:

1          REVENUE ESTIMATES 2018/19

              (a)     That the Base Revenue Forecast of £370.995m for 2018/19 as set out in this report “AZ” (Revenue Estimates) be approved.

(b)      That Executive Document “AZ” and the consequent net reduction in investments of £7.697m in 2018/19 be approved.

(c)       That Executive Document “AZ” and the service savings and additional income of £6.138m in 2018/19 be approved.

(d)    That it be noted that within the revenue budget there is a net contribution of            £2.746m to revenue reserves in 2018/19.

(e)       That Executive Document “AZ” and the service savings proposals for 2018/19 be approved, requiring the Chief Executive, Strategic Directors and Directors to take necessary action during 2018/19 to ensure those savings are fully achievable for 2019/20.

(f)   That the comments of the Assistant Director Finance and Procurement set out in Executive Document “AZ” on the robustness of the estimates and the adequacy of reserves taking account of the recommendations made at 8.1(a) to (e) above be noted.

2        PROPOSED COUNCIL TAX 2018/19

2.1 That it be noted that the projected council tax base and expenditure forecasts outlined in this report together with the 2018/19 resources and the budget variations approved at 8.1(b) and 8.1(c) above produce a proposed Band D council tax of £1,333.21 for 2018/19. This includes a social care precept of 3.0% which is to be ring fenced for expenditure on adult social care.

3       PAYMENT DATES FOR COUNCIL TAX AND NATIONAL NON-DOMESTIC RATES

3.1    That the first instalment date for payment of National Non-Domestic Rates and Council Tax shall be specified by the s151 Officer.

4        DELEGATION TO OFFICERS

4.1    That for the avoidance of doubt and without prejudice to any of the powers contained in Article 14 of Part 2 of the Council's Constitution on the Function of Officers, the s151 Officer shall have full delegated powers to act on behalf of the Council on all matters relating to the Council Tax, Non-Domestic Rates and Accounts Receivable Debtors including (without prejudice to the generality of the delegation) assessments, determinations, recovery, enforcement and, in accordance with the statutory scheme, full delegated powers to act on behalf of the Council with regard to all aspects of the granting of Discretionary and Hardship Rate Relief to qualifying ratepayers.

5          PREPARATION OF ACCOUNTS

           (a)         That in preparing the Final Accounts for 2017/18, the s151 Officer be empowered to take appropriate steps to secure the best advantage for the Council's financial position.

           (b)         That the s151 Officer be empowered to deal with items which involve the transfer of net spending between the financial years 2017/18 and 2018/19 in a manner which secures the best advantage for the Council's financial position.

           (c)         That the s151 Officer report any action taken in pursuance of 8.5(a) and 8.5 (b) above  ...  view the full agenda text for item 95.

The report of the Assistant Director Finance and Procurement (Document “AZ”) provided Members with details of the Council’s Revenue Estimates for 2018/19 and 2019/20.

The Chair emphasised that there had been a long period of consultation on the budget proposals and difficult decisions about how to balance the budget had to be made in a challenging environment due to the enormous cuts from Central Government.

The resolution to this item, was presented and agreed in light of the Labour Group’s amended budget recommendation to Council (See Minute 101 ). This was followed by agreement on the Schools Budget and Capital Investment Plan proposals.

The report of the Assistant Director, Finance and Procurement

(Document “BA”) seeks Executive approval of the recommendations of the Schools Forum in allocating the Dedicated Schools Grant (DSG) for 2018/19 and subsequent recommendation to Full Council.

It is recommended that the Executive asks Council to:

            (a) Accept and approve the proposals from the Schools Forum for        the allocation of the 2018/19 DSG as set out in this report.

            (b) Approve the total amount of £535.908m to be appropriated in            respect of all schools covered by the Bradford Scheme for the        Local Management of Schools, so as to establish the Individual      Schools Budget for 2018/19.

(Andrew Redding – 01274 432678)

The report of the Assistant Director, Finance and Procurement

(Document “BA”) sought Executive approval of the recommendations of the Schools Forum in allocating the Dedicated Schools Grant (DSG) for 2018/19 and subsequent recommendation to Full Council.

The Deputy Leader commended the work undertaken by the Schools Forum.

Resolved-

That it be recommended to Council to:

(a)       Accept and approve the proposals from the Schools Forum for the allocation of the 2018/19 DSG as set out in Document “BA”.

(b)       Approve the total amount of £535.908m to be appropriated in respect of all schools covered by the Bradford Scheme for the Local             Management of Schools, so as to establish the Individual Schools Budget for 2018/19.

Action:           Assistant Director, Finance and Procurement

The report of the Assistant Director Finance and Procurement (Document “BB”) presents the Capital Investment Plan for 2018-19 to 2021-22. Appendix A sets out the Council’s Capital Strategy to date.

Recommended -

That the Executive requests Council to approve:

a)    The Capital Investment Plan as set out at Appendix 2 to Document “BB” is adopted. Commitments against reserve schemes and contingencies can only be made after a business case has been assessed by the Project Appraisal Group and approved by Executive.

b)   Approve the £2m Property Programme Essential Maintenance Programme, to be funded from Reserves and Contingencies (See paragraph 4.10 of Document “BB”).

c)    The Chief Executive, Strategic Directors and Directors enter into commitments on capital schemes within the Capital Investment Plan subject to approval of business cases by Executive up to the approved amounts each year except that, where it is indicated that schemes are funded or partly funded from specific resources such as capital grants or contributions, revenue or capital receipts, the approved amount will be subject to the securing of those resources and be adjusted to reflect the amounts actually received.

d)   Where necessary, the payments arising under the Capital Investment Plan are met from loans.

e)    In order to provide the flexibility necessary to effectively manage the Capital Investment Plan, the Chief Executive, Strategic Directors and Directors be specifically empowered to advance or defer approved schemes subject to consultation with the Assistant Director Finance and Procurement and the availability of resources.

f)     Additional capital schemes shall only commence where the scheme is wholly funded from specific resources on the approval of the Section 151 Officer – the Assistant Director, Finance & Procurement.

g)   The Borrowing Limits and Prudential Indicators as set out in Appendix 1to Document “BB” are adopted by the Council. 

h)   The Minimum Revenue Provision (MRP) policy as set out in paragraph 7.4 of Document “BB” is approved and adopted by the Council.

i)     The development of the Capital Strategy in Appendix A to Document “BB” is noted.

(Corporate Overview & Scrutiny Committee)

(James Hopwood – 01274 432882)

The report of the Assistant Director Finance and Procurement (Document “BB”) presented the Capital Investment Plan for 2018-19 to 2021-22. Appendix A sets out the Council’s Capital Strategy to date.

Resolved -

That Council be requested to approve:

(a)  The Capital Investment Plan as set out at Appendix 2 to Document “BB”. Commitments against reserve schemes and contingencies can only be made after a business case has been assessed by the Project Appraisal Group and approved by Executive.

(b)  Approve the £2m Property Programme Essential Maintenance Programme, to be funded from Reserves and Contingencies (See paragraph 4.10 of Document “BB”).

(c)  The Chief Executive, Strategic Directors and Directors enter into commitments on capital schemes within the Capital Investment Plan subject to approval of business cases by Executive up to the approved amounts each year except that, where it is indicated that schemes are funded or partly funded from specific resources such as capital grants or contributions, revenue or capital receipts, the approved amount will be subject to the securing of those resources and be adjusted to reflect the amounts actually received.

(d)  Where necessary, the payments arising under the Capital Investment Plan are met from loans.

(e)  In order to provide the flexibility necessary to effectively manage the Capital Investment Plan, the Chief Executive, Strategic Directors and Directors be specifically empowered to advance or defer approved schemes subject to consultation with the Assistant Director Finance and Procurement and the availability of resources.

(f)   Additional capital schemes shall only commence where the scheme is wholly funded from specific resources on the approval of the Section 151 Officer – the Assistant Director, Finance & Procurement.

(g)  The Borrowing Limits and Prudential Indicators as set out in Appendix 1 to Document “BB” are adopted by the Council. 

(h)  The Minimum Revenue Provision (MRP) policy as set out in paragraph 7.4 of Document “BB” is approved and adopted by the Council.

(i)    The development of the Capital Strategy in Appendix A to Document “BB” is noted.

Action:           Assistant Director, Finance and Procurement

The Chief Executive will submit a Second Addendum – (REPORT TO

FOLLOW) to the report presented to the meeting of Executive on 6

February 2018 (Document “AV”), which provides additional feedback

received 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 2018-19 and 2019-20.

Recommended –

That in accordance with Section 149 of the Equality Act 2010, the

Executive has regard to the information contained in Document

“AV”, the appendices and equality assessments to that report and

the First Addendum presented to Executive on 6 February 2018,

together with the information contained in this Second Addendum

when considering the recommendations to make to the Council

on a budget for 2018-19 and 2019-20 on 22 February 2018.

(Corporate Overview & Scrutiny Committee)

(Kathryn Jones – 01274 433664)

The Chief Executive submitted (Document “AV”) and addendum which provided feedback received 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 2018-19 and 2019-20.

Members were informed that no additional feedback had been received from the public engagement and consultation programme since the Executive’s 6 February 2018 meeting.

Resolved –

That in accordance with Section 149 of the Equality Act 2010, the

Executive had regard to the information contained in Document

“AV”, the appendices and equality assessments to that report and

the First Addendum presented to Executive on 6 February 2018,

when considering the recommendations to make to the Council

on a budget for 2018-19 and 2019-20 on 22 February 2018.

Action:           Chief Executive

The Director of Human Resources will submit a Second Addendum

(to be tabled at the meeting) to the report presented to the meeting of

Executive on 6 February 2018 (Document “AW”), which provides

further feedback from the Council’s Trade Unions on the Council’s

budget proposals for the 2018/19 and 2019/20 Council Budget for

consideration by Executive.

Recommended –

That Executive has regard to the further feedback received from the Council’s Trade Unions contained in the addendum presented (Document “AW” Second Addendum) together with the information contained in the Report, appendices and First Addendum presented to Executive on 6 February 2018 (Document “AW”) when considering its recommendations to Council on the Council’s budget for the financial years 2018/19 and 2019/20.

(Corporate Services Overview & Scrutiny Committee) 

                                                            (Michelle Moverley – 01274 437883)

The Director of Human Resources submitted a Second Addendum (tabled at the meeting) to the report presented to the meeting of Executive on 6 February 2018 (Document “AW”), which provided further feedback from the Council’s Trade Unions on the Council’s budget proposals for the 2018/19 and 2019/20 Council Budget for consideration by Executive.

The Leader emphasised that Early Help and Prevention was a difficult challenge and thanked staff for their dedicated hard work in the face of the cuts.  She reported that the Council had lost 2000 jobs since 2010 and thanked Staff and Trade Unions for their feedback.

Resolved –

That Executive had regard to the further feedback received from the Council’s Trade Unions contained in the addendum presented (Document “AW” Second Addendum) together with the information contained in the Report, appendices and First Addendum presented to Executive on 6 February 2018 (Document “AW”) when considering its recommendations to Council on the Council’s budget for the financial years 2018/19 and 2019/20.

Action:           Director of Human Resources

The Leader tabled the Labour Group’s amendments to Document “AZ”.  The Leader stated that in 2013/14, the government gave Bradford a core grant of £183 million to fund local services across the district; by 2020 this would be cut to zero.

She reported that the Council remained committed to maintaining the best possible services and making the best use of shrinking funds to support local people and to provide the best environment for businesses to grow, prosper and employ people.

She reported that the Council had a track record of delivering value for money; a recent independent study of local authorities rated Bradford Council as tenth best in the country for achieving value for money.

The Leader reported that the Council had been successful in its bid for a Leeds City Region business rates retention pilot which would generate new one-off business rates income for the next year; in addition to that the Council had also raised more in Bradford from business rates than projected; together this had generated additional funding to invest this year in areas which were most in need.

She reported that in summary, the net effect of the new incomings and outgoings amounted to an additional £3.3million in 2018/19, but followed by increased cost pressures in the next two years to 2021.

The Leader reported that the amendments included:

·         A proposal to invest £1million into Prevention and Early Help over two years subject to an appropriately detailed business case to support this important area of work should it transition to a new way of working; this money would only be available should the consultation result in a change in delivery model.  If the change did not go ahead then the additional monies would return to the Transition and Risk Reserve which is believed to be a prudent step especially given that adult social care was clearly continuing to face unprecedented pressures and national funding uncertainties.   

·         A proposal to invest £1.35 million into Children’s Social Work over 3 years; on going investment into children’s social work (recurrent £450,000 a year funded by the on going increase in business rates income), subject to an appropriately detailed business case.

·         With the remaining £1.8million for 2018/19, it was proposed to replenish the Transition and Risk Reserve. 

The Leader stressed the government’s policy for addressing  the shortfall in funding for local services was to continue to shift the burden over to Council tax payers; the money generated through Council tax rises was considerably less than the funding that it was designed to replace. In addition, the tax was regressive, bearing no relationship to household income.

The Assistant Director Finance and Procurement submitted an addendum to Document “BG” (Document “P”) in light of the Labour Group’s amended budget recommendations to Council and it was therefore:

Resolved-

That it be recommended to Council that:

(1)       REVENUE ESTIMATES 2018/19

              (a)     That the Base Revenue Forecast of £371.445m for 2018/19 as set out in this report “P” (Revenue Estimates) be approved.

(b)      That Council Document “P” and the consequent net reduction in investments of £7.197m in 2018/19 be approved.

(c)       That Council Document “P” and the service savings and additional income of £6.138m in 2018/19 be approved.

(d)       That it be noted that within the revenue budget there is a net contribution of  £1.796m to revenue reserves in 2018/19.

(e)       That Council Document “P” and the service savings proposals for 2018/19 be approved, requiring the Chief Executive, Strategic Directors and Directors to take necessary action during 2018/19 to ensure those savings are fully achievable for 2019/20.

(f)   That the comments of the Assistant Director Finance and Procurement set out in Council Document “Q” on the robustness of the estimates and the adequacy of reserves taking account of the recommendations made at  1(a) to (e) above be noted.

(2)     PROPOSED COUNCIL TAX 2018/19

          That it be noted that the projected council tax base and expenditure forecasts outlined in the report together with the 2018/19 resources and the budget variations approved at 1(b) and 1(c) above produce a proposed Band D council tax of £1,333.21 for 2018/19. This includes a social care precept of 3.0% which is to be ring fenced for expenditure on adult social care.

(3)     PAYMENT DATES FOR COUNCIL TAX AND NATIONAL NON-DOMESTIC RATES

          That the first instalment date for payment of National Non-Domestic Rates and Council Tax shall be specified by the s151 Officer.

(4)     DELEGATION TO OFFICERS

          That for the avoidance of doubt and without prejudice to any of the powers contained in Article 14 of Part 2 of the Council's Constitution on the Function of Officers, the s151 Officer shall have full delegated powers to act on behalf of the Council on all matters relating to the Council Tax, Non-Domestic Rates and Accounts Receivable Debtors including (without prejudice to the generality of the delegation) assessments, determinations, recovery, enforcement and, in accordance with the statutory scheme, full delegated powers to act on behalf of the Council with regard to all aspects of the granting of Discretionary and Hardship Rate Relief to qualifying ratepayers.

(5)       PREPARATION OF ACCOUNTS

           (a)         That in preparing the Final Accounts for 2017/18, the s151 Officer be empowered to take appropriate steps to secure the best advantage for the Council's financial position.

           (b)         That the s151 Officer be empowered to deal with items which involve the transfer of net spending between the financial years 2017/18 and 2018/19 in a manner which secures the best advantage for the Council's financial position.

           (c)         That the s151 Officer report any action taken in pursuance of 5(a) and 5(b) above when reporting on the Final  ...  view the full minutes text for item 101.

This report of the Assistant Director Finance and Procurement (Document “BC”) assesses the robustness of the proposed budget for 2018/19, the adequacy of forecast levels of reserves and associated risks. 

It concludes that the estimates are sufficiently robust for the Council to set the budget.  It also concludes that unallocated reserves should be maintained in the range of £12-15m over the period of the current financial strategy to ensure the continued financial resilience of the Council.

RECOMMENDATIONS

(1)  That Members have regard to this report in setting the budget, and in particular note the conclusions that:

• the estimates presented to Council are sufficiently robust, in the context of the overall £357m net expenditure requirement and available contingencies

• the reserves are adequate for the 2018/19 proposed budget, and will be drawn on in accordance with proposed plan and reserves policy, recognising that estimates will be subject to review as part of the rolling planning cycle

·         the projected corporate reserves to 2020/21 would, on current estimates, be adequate, subject to the implementation of the rest of the proposed financial plan.

(2)  As with all budgets there is the potential for amendments to be proposed/agreed which could change the overall package of proposals. In that respect, it should be highlighted that this statement would be amended or added to if a decision was proposed that lead to the Council’s reserves falling below their recommended level. In addition, any other amendments would be considered against the scale of the overall budget and depending upon the extent and nature, may result in a revised statement.

(Corporate Overview & Scrutiny Committee)

(Andrew Crookham – 01274 433656)

The report of the Assistant Director Finance and Procurement (Document “BC”) assessed the robustness of the proposed budget for 2018/19, the adequacy of forecast levels of reserves and associated risks. 

In the light of the Labour Group’s amendments, the Assistant Director Finance  and Procurement submitted Document “Q” which concluded that the estimates are sufficiently robust for the Council to set the budget.  He also concludes that unallocated reserves should be maintained in the range of £12-15m over the period of the current financial strategy to ensure the continued financial resilience of the Council.

Recommended to Council -

(1)That Members have regard to the report (Council Document “Q”) in setting the budget, and in particular note the conclusions that:

• the estimates presented to Council are sufficiently robust, in the context of the overall £358m net expenditure requirement and available contingencies

• the reserves are adequate for the 2018/19 proposed budget, and will be drawn on in accordance with proposed plan and reserves policy, recognising that estimates will be subject to review as part of the rolling planning cycle

·         the projected corporate reserves to 2020/21 would, on current estimates, be adequate, subject to the implementation of the rest of the proposed financial plan.

(2) As with all budgets there is the potential for amendments to be proposed/agreed which could change the overall package of proposals. In that respect, it should be highlighted that this statement would be amended or added to if a decision was proposed that lead to the Council’s reserves falling below their recommended level. In addition, any other amendments would be considered against the scale of the overall budget and depending upon the extent and nature, may result in a revised statement.

Action:           Assistant Director, Finance and Procurement