Agenda and minutes

Apologies for absence were received from Councillor Cummins.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were made.

Minutes of the meeting held on 24 May 2012

RESOLVED:

That the Minutes of the Cabinet meeting held on 24 May 2012 be confirmed as a correct record.

Report of the Head of Corporate Finance and ICT

The Cabinet considered the report of the Head of Corporate Finance and ICT which provided an update on the latest assumptions contained in the Medium Term Financial Plan (MTFP) 2013/14 – 2014/15; highlighted the potential budget gaps for that period and recommended the first stage of budget reductions to contribute to the balancing of the 2013/14 budget.

The report also sets out proposals for a change to the Treasury Management Policy to allow improvement of cash management.

This was a Key Decision and was included in the Council’s Forward Plan of Key Decisions.

RESOLVED: That:

(1)       the Council be recommended to approve the Medium Term Financial Plan (MTFP) projected assumptions contained in the report;

(2)       the potential budget shortfalls within the MTFP be noted as follows:-

                                    £m

            2013/14          21.7

            2014/15          22.0

(3)       the Council be recommended to approve the initial budget proposals for 2013/14 and future years outlined in paragraph 8 of the report, and that officers be delegated to take the necessary actions to achieve the impact outlined;

(4)       the Council be recommended to approve the change to the Treasury Management Policy as outlined in paragraph 8 of the report.

Report of the Director of Older People

The Cabinet considered the report of the Director of Older People which provided an update on the progress of the Supporting People Review and set out the proposed commissioning priorities for the Supporting People Service with regard to the achievement of budget savings required for 2012/13 and 2013/14.

This was a Key Decision and was included in the Council’s Forward Plan of Key Decisions.

RESOLVED: That:

(1)       approval be given to the adoption of the principles set out in 5.1 of the report;

(2)       Officers be authorised to work with providers, utilising the principles, to formulate reduction proposals to meet the required budget savings in 2012/13 and 2013/14; and

(3)       that a further report be submitted to the next meeting of the Cabinet on 19 July 2012.

Report of the Director of Older People

Further to Minute No. 94(5) of the meeting held on 2 February 2012, the Cabinet considered the report of the Director of Older People on the current position relating to the fees payable to Care Homes for 2011/12 and 2012/13 in respect of residents placed in those homes by the Council.

The report indicated that in December 2010, as part of the budget-setting process for 2011/12, the Council decided to make no increase for 2011/12 to fees payable to Care Homes in respect of residents placed in those homes by the Council.  An application was subsequently made to the High Court by Sefton Care Association (SCA) and four Care Home providers for a Judicial Review of that decision.  The case was heard in August 2011 and the Judgment that was handed down on 9 November 2011 quashed the Council’s decision, on the grounds that the consultation on the decision had not been adequate and in making the decision the Council had not had “due regard” to the “actual costs” of providing that care.  A full copy of the Judgment was provided at Annex 1 to the report.

The Judgment ordered that the Council make a fresh decision as to the fees that it will pay to care homes in Sefton for its financial year 2011/12 in respect of residents placed in those homes by the Council, and before making the decision the Council should consult with, and shall take into account representations made and evidence provided by the Claimants (i.e. SCA and the four Care Home Providers who brought this case).  A copy of all the representations received, including the Laing and Buisson Report on the actual costs of residential care in Sefton were also appended to the report.

The Leader of the Council indicated that the subject of the report was very complex and it was crucial that the Cabinet Members gave full consideration to the content of the report and in particular, took into account the equality impact assessment and risk management issues in Sections 4 and 5 of the report before reaching a decision.

The Strategic Director – People referred to Sections 4 and 5 of the report; the extensive consultations which had taken place with the Care Home Providers; the representations which the Providers had submitted and the officer response, which were set out within the report. He indicated that officers would continue to meet and consult the Providers on this issue and consider any further evidence submitted with regard to the actual cost of providing care for residents placed in those homes by the Council.

Members of the Cabinet raised questions on the following issues referred to in the report and Officers responded to the issues as referred to below:

Report of the Director of Built Environment

Further to Minute No. 242 of the meeting held on 3 March 2011, the Cabinet considered the report of the Director of Built Environment seeking approval to make, advertise and submit for confirmation a Side Roads Order for the proposed Thornton to Switch Island Link.

This was a Key Decision and was included in the Council’s Forward Plan of Key Decisions.

RESOLVED: That:

(1)       a Side Roads Order be made under Sections 14 and 125 and Schedule 1 of the Highways Act 1980 to be known as the Sefton Metropolitan Borough Council (Thornton to Switch Island Link Road) A5758 Broom’s Cross Road (Side Roads) Order 2012 for highway improvements and modifications (described in Annex A of the report) needed for the construction of the proposed new highway, the Thornton to Switch Island Link; and

(2)       the Director of Built Environment in consultation with the Head of Investment Programmes and Infrastructure, the Head of Planning Services and Head of Corporate Legal Services be authorised to take all necessary steps to secure the making, submission for confirmation and implementation of the Side Roads Order including (but not limited to) drafting and publishing the Statement of Reasons, the publication, advertisement, notification and service of all notices, the investigation of and response to objections, and the presentation of the Council’s case at any Public Inquiry.

Report of the Director of Built Environment

Further to Minute No. 19 above, the Cabinet considered the report of the Director of Built Environment seeking authority to make, advertise and submit for confirmation a Compulsory Purchase Order to acquire land and rights for the proposed Thornton to Switch Island Link and associated works and to publish and approve the accompanying Statement of Reasons.

This was a Key Decision and was included in the Council’s Forward Plan of Key Decisions.

RESOLVED: That

(1)       a Compulsory Purchase Order be made under Sections 239, 240, 246, 249 and 250 of the Highways Act 1980 and the Acquisition of Land Act 1981 to be known as the Sefton Metropolitan Borough Council (Thornton to Switch Island Link Road) A5758 Broom’s Cross Road Compulsory Purchase Order 2012 for the acquisition of land and new rights (the ‘Order Land’) within the areas shown on the plans in Annex A for the construction of the proposed new highway, the Thornton to Switch Island Link and associated works described in the Side Roads Order;

(2)       the Director of Built Environment in consultation with the Head of Investment Programmes and Infrastructure, the Head of Planning Services and Head of Corporate Legal Services be authorised to:

·                    take all necessary steps to secure the making, submission to Secretary of State for confirmation and implementation of the Compulsory Purchase Order including (but not limited to) drafting and publishing the Statement of Reasons, the publication, advertisement, notification and service of all notices, the investigation of and response to objections, and the presentation of the Council’s case at any Public Inquiry;

·                    negotiate and acquire interests in land and new rights set out in the Compulsory Purchase Order either by agreement or compulsorily; and

·                    negotiate and enter into any appropriate agreements with Government departments and agencies to secure the necessary access and rights to construct the scheme and undertake any associated works.

Report of the Director of Corporate Commissioning

The Cabinet considered the report of the Director of Corporate Commissioning on the proposals by the Independent Remuneration Panel for the implementation of a new Scheme of Members’ Allowances.

This was a Key Decision and was included in the Council’s Forward Plan of Key Decisions.

RESOLVED:

That the following recommendations be submitted to the Council for consideration on 5 July 2012:-

(1)       the recommendations made by the Independent Remuneration Panel set out in paragraph 2.1 of the report be noted;

(2)       the Cabinet’s view that Members’ Allowances be frozen at the current level be forwarded to the Council, subject to the need to comply with the Department for Communities and Local Government Guidance referred to in the report;

(3)       the publicity required as set out in Section 3 of the report be      undertaken; and

(4)       the Council’s Constitution be amended to insert the revised Scheme.

Report of the Leader of the Council

The Cabinet considered the report of the Leader of the Council which provided details of an urgent decision he had taken on 30 May 2012 relating to the closure of St. George of England High School on 30 August 2012.

RESOLVED:

That the report be noted.