Agenda and minutes

An apology for absence was received from Councillor Cummins.

Members are requested at a meeting where a disclosable pecuniary interest or personal interest arises, which is not already included in their Register of Members' Interests, todeclare any interests that relate to an item on the agenda.

Where a Member discloses a Disclosable Pecuniary Interest, he/she must withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest, except where he/she is permitted to remain as a result of a grant of a dispensation.

Where a Member discloses a personal interest he/she must seek advice from the Monitoring Officer or staff member representing the Monitoring Officer to determine whether the Member should withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest or whether the Member can remain in the meeting or remain in the meeting and vote on the relevant decision.

No declarations of any disclosable pecuniary interests or personal interests were received.

Minutes of the meeting held on 7 April 2022

Decision Made:

That the Minutes of the meeting held on 7 April 2022 be approved as a correct record.

Report of the Executive Director of Adult Social Care and Health

The Cabinet considered the report of the Executive Director of Adult Social Care and Health that sought to enable Cabinet to determine the fees payable for Sefton Adult Social Care Service sectors during the financial year period 2022/23 and for Direct Payment Recipients who buy their services directly from a Care Quality Commission (CQC) registered agency and to outline the future strategic direction for services in Sefton, linked to wider national work, linked to national policy issued by the Department of Health and Social Care.

Decision Made:

That

the contents of the report be noted and having given full consideration to the options outlined in the body of the report and the associated Appendices, including the responses to the consultation and the Equality Impact Assessments, the implementation of the following fee increases be authorised, which are higher than those originally consulted upon, having taken into account a range of factors including the response from providers, national context, risks raised in relation to additional costs, regional averages and any other information available at the time of the consultation:

(1)      Residential & Nursing Care

(2)      the fact that for Residential and Nursing care services any existing placements which are costed based on an individual Service User assessment are increased based on the same percentage uplifts detailed in the table above, be noted;

(3)      Domiciliary Care

(4)      Direct Payment recipients who access an Agency - the above Domiciliary Care hourly rate be implemented and rates for night services be increased to the following:

(5)      Direct Payment recipients who utilise a Personal Assistant - the following rates be held apart from an increase to the Sleep-in rate:

(6)      Community Support Services

(7)      Supported Living

Report of the Head of Education

Further to Minute No. 94 of the meeting held on 3February 2022, the Cabinet considered the report of the Head of Education that sought a determination on the proposal for the closure of St Teresa’s Catholic Infant School, Southport. In accordance with the School Organisation (Establishment and Discontinuance of Schools) Regulations 2013 the decision maker for the proposal was the local authority. The Public Notice and Complete Proposal for St. Teresa’s was attached to the report at Appendix A.

Cabinet Members paid tribute to the governing body of the School for its efforts made to explore alternative options for the School and expressed regret at the recommendation now under discussion.

Decision Made:

That

(1)      the contents of the report be noted; and

(2)      the closure of St Teresa’s Catholic Infant School, Southport, with effect from 31August 2022, be approved.

Reasons for the Decision:

The Local Authority has the power to consider all options including closing a maintained school following the statutory process detailed in the report.

Alternative Options Considered and Rejected:

Alternative options have been explored by the governing body with support from Officers prior to the governing body making their request.

Report of the Chief Legal and Democratic Officer

Appendix 1 and 2 of the report to follow

The Cabinet considered the report of the Chief Legal and Democratic Officer which sought approval of the appointment of Council representatives to serve on Outside Bodies set out in the report for 2022/23, or for periods longer than one year. Details of the proposed representation on Outside Bodies were set out in the report and appendices.

The appendices showed the proposed appointments for 2022/23 following nominations submitted by the Political Groups on the Council.

The following amendments were raised:

·       Merseyside Strategic Flood and Coast Risk Management Partnership – Councillor Moncur to replace Councillor Hardman;

·       Sefton New Directions Limited Board – Executive Director – Place (Stephen Watson) resigned during 2021/22; and

·       Standing Advisory Committee for Religious Education (SACRE) – Cabinet Member – Education (Councillor Roscoe) is the chair of the Standing Committee.

Decision Made:

That:

(1)      subject to the following amendments, the proposed representation on the various Outside Bodies for a twelve-month period expiring in May 2023, as set out in Appendix 1 to the report, be approved:

(a)      Sefton New Directions Limited Board – delete Executive Director – Place (Stephen Watson); and

(b)      Standing Advisory Committee for Religious Education (SACRE) – inclusion of Cabinet Member – Education (Councillor Roscoe) as the chair of the Standing Committee;

(2)      to avoid delay in the appointment of Members to the Cheshire and Merseyside Integrated Care System Joint Health Scrutiny Committee authority be granted for the Leader of the Council to make the outstanding nominations, in accordance with political balance procedures and the political proportionality across the Cheshire and Merseyside local authorities;

(3)      the vacant position on the Joint Health Scrutiny Committee (where 3 or less local authorities request scrutiny of a substantial variation to a service), as referred to in paragraph 5 of the report, be nominated from the Labour Group; and

(4)      subject to the replacement of Councillor Hardman with Councillor Moncur on the Merseyside Strategic Flood and Coast Risk Management Partnership, the proposed representation on the various Outside Bodies for the term of office as indicated and set out in Appendix 2 to the report be approved.

Reasons for the Decision:

The Cabinet has delegated powers set out in Chapter 5, Paragraph 40 of the Constitution to appoint the Council’s representatives to serve on Outside Bodies.

Alternative Options Considered and Rejected:

None.

Report of the Executive Director - Place

The Cabinet considered the report of the Executive Director – Place that updated on the progress of the Bootle Canalside Project and sought approval to the details of the project Business Case, attached to the report, and the subsequent investment of both capital and revenue resources required to complete the project, as identified in the Business Case.

Decision Made:

That

(1)      the Canalside Business Case be agreed and approved;

(2)      the Executive Director - Place be authorised to implement the delivery plan outlined within the Canalside Business Case in consultation with the Cabinet Member – Regeneration and Skills;

(3)      the fact that the Cabinet Member - Regeneration and Skills in consultation with the Cabinet Member - Regulatory, Compliance and Corporate Services will be requested to approve a virement of £557k from the Economic Recovery Earmarked Reserve to the Capital Programme for the Economic Growth and Housing Service, be noted;

(4)      the Council be recommended to approve a supplementary capital estimate of £557k for the Bootle Canalside development;

(5)      the fact that the Cabinet Member - Regeneration and Skills, in consultation with the Cabinet Member - Regulatory, Compliance and Corporate Services, will be requested to approve a virement of £330k from the Growth Budget to the Economic Growth and Housing Service revenue budget, be noted;

(6)      any other key decisions required in the delivery of the project be delegated to the Executive Director - Place and Executive Director - Corporate Resources and Customer Services, in consultation with the Cabinet Member - Regeneration and Skills.

Reasons for the Recommendation(s):

To deliver the Canalside Project which will deliver economic and social benefits to the residents and businesses of Bootle.

Alternative Options Considered and Rejected:

Options for the delivery of the Canalside Project are dealt with in the Business Case report which are:

-       Do Nothing and leave the site vacant pending future investment

-       Deliver the Meanwhile Use project through a private sector operator

-       Deliver the Meanwhile Use project managed through a Partnership.

In consideration of the above, the preferred option is to manage and operate the site through the Council to retain control pending the wider Strand transformation project delivery.

To comply with Regulation 5(2) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, notice has been published regarding the intention to consider the following matter(s) in private for the reasons set out below.

The Cabinet is recommended to pass the following resolution:

That, under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the press and public be excluded from the meeting for the following item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972.  The Public Interest Test has been applied and favours exclusion of the information from the Press and Public.

To comply with Regulation 5(2) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, notice has been published regarding the intention to consider the following matter(s) in private for the reasons set out below.

Decision Made:

That, under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the press and public be excluded from the meeting for the following item on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972. The Public Interest Test has been applied and favours exclusion of the information from the Press and Public.

Report of the Head of Economic Growth and Housing

The Cabinet considered the report of the Head of Economic Growth and Housing in relation to exempt information regarding Provision of Council Housing at Buckley Hill Lane, Netherton.

Decision Made:

That the exempt information be considered as part of the public report in relation to Provision of Council Housing at Buckley Hill Lane, Netherton, Minute No. 11 below refers.

Reason for the Decision:

The exempt information is required to be considered with the information in the public report in order that an informed decision may be made.

Alternative Options Considered and Rejected:

None.

The Cabinet meeting will now move back into open session to consider the following agenda item:

Decision Made:

That the press and public be re-admitted to the meeting.

Report of the Head of Economic Growth and Housing

The Cabinet considered the report of the Head of Economic Growth and Housing that sought approval to proceed with the acquisition of homes at Buckley Hill Lane, Netherton through the provision of 13 homes for social rent and shared ownership.

Decision Made:

That

(1)      the Business Case for the acquisition of 9 homes for social rent and 4 homes for shared ownership from Sandway Homes at the Buckley Hill Lane development in Netherton be agreed and the Council be recommended to approve and financially support as a capital scheme committing the use of Section 106 affordable housing receipts and Historic Right to Buy receipts to fund the purchase;

(2)      authority be given to the Head of Economic Growth and Housing in consultation with the Cabinet Member - Communities and Housing and Cabinet Member - Regulatory Compliance and Corporate Services to negotiate and agree the financial terms with Sandway Homes as identified within the Business Case and formally submit an offer to acquire the homes subject to the Council being able to secure grant funding from Homes England to cover the viability gap;

(3)      authority be given to the Head of Economic Growth and Housing in consultation with the Cabinet Member - Communities and Housing and Cabinet Member - Regulatory Compliance and Corporate Services to submit a bid to Homes England for capital grant funding through the Affordable Homes Programme 2021-26 supporting the acquisition to cover the viability gap and subject to grant offer to enter into contract with Homes England;

(4)      authority be given to the Chief Legal and Democratic Officer to negotiate the contract terms and finalise all associated legal documentation for the purchase and acquisition;

(5)      officers be instructed to develop the operational requirements for the new council homes as set out in the Cabinet report and Business Case and delegate authority to the Executive Director - Place in consultation with the Cabinet Member - Communities and Housing to approve the details;

(6)      the intention to seek Council approval for a Supplementary Capital Estimate once negotiations have concluded and the overall costs of the scheme are known, be noted; and

(7)      the intention to seek Council approval for the net rental income from the scheme, including that received during the initial payback period, is reserved and reinvested into the Council Housing Programme, be noted.

Reasons for the Recommendation(s):

To progress with the delivery of council housing at Buckley Hill Lane through the acquisition of 9 apartments for social rent and 4 houses for shared ownership from Sandway Homes and apply for Homes England Affordable Homes Programme (AHP) 2021-26 grant funding to support the acquisition (Option 3 in the Business Case).

Alternative Options Considered and Rejected: (including any Risk Implications)

Option 1 – Do Nothing, choose not to provide council housing

The Council could choose not to provide council housing at Buckley Hill Lane, however this could limit the opportunity to provide new social housing aimed to meet identified housing need in Netherton and does not align with the  ...  view the full minutes text for item 11.