Agenda and minutes

No apologies for absence were received.

Members are requested to give notice of any disclosable pecuniary interest, which is not already included in their Register of Members' Interests and the nature of that interest, relating to any item on the agenda in accordance with the Members Code of Conduct, before leaving the meeting room during the discussion on that particular item.

The following declaration of pecuniary interest was made and the Member concerned left the room during the consideration of the item:

In accordance with Paragraph 9 of the Council’s Code of Conduct, the following declaration of personal interest was made and the Member concerned remained in the room during the consideration of the item:

Minutes of the meeting held on 3 July 2015

Decision Made:

That the minutes of the Cabinet meeting held on 3 July 2015 be confirmed as a correct record.

Report of the Interim Director of Public Health

The Cabinet considered the report of the Interim Director of Public Health which provided details of proposals to enter into a novation agreement with the current provider and commissioner of the 0-5 public health services contracts, to transfer those contracts to Sefton Council with effect from 1 October 2015; to undertake a review of existing 0-5 Public Health Services and to endorse the initiation of a tendering exercise to establish an integrated 0-19 Healthy Child Programme Contract (including Health Visiting and Family Nurse Partnership) with effect from 1 April 2016.

Decision Made: That:

(1)       approval be given to the novation of the 0-5 public health nursing services contracts (Health Visiting and Family Nurse Partnership) from NHS England to Sefton Council on 1 October 2015;

(2)       the Head of Regulation and Compliance be authorised to sign off the novation of the contracts prior to their transfer on 1 October 2015, with an end date of 31 March 2016;

(3)       approval be given to a review of the existing 0-5 Public Health Services and the initiation of a tendering exercise to establish an integrated 0-19 Healthy Child Programme Contract (including Health Visiting and Family Nurse Partnership) to commence on 1 April 2016; and

(4)       the Interim Director of Public Health and Chief Finance Officer be authorised to award the contracts to the highest scoring bidder(s) subject to financial sustainability.

Reasons for Decision:

The commissioning and provider environment, for a number of important child and women’s health services, is shifting and requires a planned response to ensure the continued delivery of services that are economical, efficient and effective.

The following three contracts that contribute to improving health outcomes particularly in child health and development, maternal wellbeing are due to expire at various dates:

•           Health Visiting

•           Family Nurse Partnership

•           School health

NHS England currently commission Liverpool Community Health to provide 0-5 Public Health Services including Health Visiting and Family Nurse Partnership (FNP) for family’s registered with Sefton General Practitioners. From the 1 October 2015, the Government intends Local Authorities take over this responsibility.

The current NHS England contract for Health visiting has an annual value of £3,875,370 and will expire on the 31 March 2016.

The current NHS England contract for Family Nurse Partnership (FNP) has an annual value of £288,730 and.will expire  on the 31 March 2016.

The School Health contract has an annual value of £1,388,687 and is due to end 31September 2017.

Recognising the current cost of separately procured services and in light of the Council’s reducing financial resources, it was anticipated that service improvements, cost efficiencies and added value might be gained from implementing a more integrated 0-19 Healthy Child Programme Contract. This would involve a coordinated approach due to various contracts having different expiry dates.

The commissioning process would be subject to the OJEU Light-Touch Regime Open Procedure due to it falling within Schedule 3, Social and Other Specific Services. The value of the total contract (i.e. the core period plus any option years) would be  ...  view the full minutes text for item 31.

Report of the Director of Social Care and Health

The Cabinet considered the report of the Director of Social Care and Health which provided an update on the ‘Get Healthy, Get Active’ project and sought approval to accept the grant recently awarded from Sport England.

Decision Made:

That approval be given to the acceptance of £398, 652 grant aid from Sport England and to the match funding requirement, as specified in the grant conditions.

Reasons for Decision:

In January 2015 the Senior Leadership Team approved the submission of an application to Sport Englands ‘Get Healthy Get Active’ fund.

Notification has recently been received that the application was successful and Sefton has been awarded a grant to the sum of £398,652, over the next 3 year period.

Alternative Options Considered and Rejected:

None.

Report of the Director of Social Care and Health

The Cabinet considered the report of the Director of Social Care and Health which provided details of the final draft of the Personalisation Strategy for Sefton and proposals for the future development of a Personal Budgets Policy and Direct Payments Policy alongside the refresh of the existing Charging Policy.

Decision Made: That:

(1)       the Personalisation Strategy be approved:

(2)       the Cabinet receive further updates on the work to implement the Personalisation Strategy Action Plan in Sefton

(3)       the continuing work on developing a life course/person centred approach to Personalisation in Sefton, which was focused on “all-age” principles and applies to both children and adults be noted;

(4)       the Director of Social Care and Health develop a draft Personal Budgets Policy, a draft Direct Payments Policy and refreshes the Charging Policy, in consultation with Cabinet Member for Adult Social Care and the Cabinet Member for Children, Schools and Safeguarding;

(5)       the Director of Social Care and Health undertake any necessary consultation and engagement in respect of the draft Personal Budgets Policy, draft Direct Payments Policy and refreshed Charging Policy, before presenting such policies to the Cabinet for approval; and

(6)       it be noted it was proposed by officers that the Cabinet receive the Personal Budgets Policy in November 2015 and the Direct Payments Policy and revised Charging Policy in January 2016.

Reasons for Decision:

The Personalisation Strategy underpins the changes to social care in light of the Care Act 2014.

It had been identified that as a result of the Personalisation Strategy there was a need to address the development of interlinked areas of work. These include Personal Budgets, Direct Payments and Charging.

Alternative Options Considered and Rejected:

None. Maintaining the status quo is not an option due to new legislation, demographic and budgetary pressures.

Report of the Head of Children’s Social Care

The Cabinet considered the report of the Director of Social Care and Health which provided details of proposals to renew the Northwest Leaving Care Commissioning Framework and replace the Care and Support for Children and Young Peoples Framework.

Decision Made: That;

The Care and Support Framework

(1)       the Council adopts the renewal of the consortia led “regional purchasing frame work” as its current chosen option in relation to the continued identification of providers of care packages for the care and support of Children and Young People with extra needs;

(2)       the Sefton Commissioning and Procurement Teams be authorised to work on the development of this model, including its underpinning service specification in conjunction with their regional colleagues;

(3)       the Head of Children’s Social Care be authorised to agree to the Council’s membership of the final version of this model and its underpinning service specification, and the subsequent purchase of services from providers included on the framework on behalf of Sefton Council when practicable;

(4)       the use of “Spot Purchase” in relation to care packages be approved using a legally sound means of procurement as a short term contingency measure, should it be required;

The Leaving Care Framework

(5)       the Council renew its membership of the Northwest Leaving Care (16+) Purchasing Framework and that it continues to procure leaving care services through this framework when practicable; and

(6)       the Head of Children’s Social Care and Cabinet Member - Children, Schools and Safeguarding be given delegated authority to decide on Sefton’s decision in relation to the extension of the leaving care framework at the end of year 2 and 3.

Reasons for Decision:

The Care and Support Framework

The option chosen was felt to be the most appropriate means of replacing the current framework arrangements with the aim of meeting the extra needs of children and young people within Sefton. The consortia option will also lead to the Council working in conjunction with neighbouring authorities across the Liverpool City Region. This group was currently composed of Halton, Knowsley, Liverpool, and Wirral. At this point St Helens Council is also considering joining the consortia.

The Leaving Care Framework

The current framework provides a legally sound, accountable and transparent means of finding and procuring appropriate leaving care services for young people living in Sefton. The framework comes to an end on the 30 September, 2015. These services were an essential component of supporting young people in care as they make the transition to a secure adulthood and independence. The proposal would enable the continued use of the framework in its refreshed form which would enable the process to continue. The continued use of the framework also linked the Council to other North West authorities and area wide standards of good practice.

Alternative Options Considered and Rejected:

The Care and Support Framework

Two further options were considered as part of the initial scoping exercise associated with this document.

The first option related to the Council’s spot purchasing of packages of care from the market as  ...  view the full minutes text for item 34.

Report of the Head of Inward Investment and Employment

The Cabinet considered the report of the Head of Inward Investment and Employment which provided details of the current applications for European Union Structural Funds and sought delegated authority to sign off full applications before the appropriate deadline.

Decision Made: That:

(1)       the progress towards the submission of full applications for Ways to Work, Integrated Business Support, and FIT for the Future projects be noted;

(2)       the Cabinet Member for Regeneration and Skills be granted authority to approve the full and final applications by the specified deadlines after taking advice of the Chief Financial Officer and Head of Regulation and Compliance as necessary prior to submission;

(3)       it be noted that if the FIT for the Future application was successful, then Sefton Council would be deemed to be accountable body for the project.

Reasons for Decision:

To ensure full applications for European Union funding are not delayed or prevented, as application deadlines precede the next Cabinet.

Alternative Options Considered and Rejected:

Not to apply for European Union funding would be to forego the benefits (financial, social, economic and environmental) associated with external funding. European Union funding would provide an essential component of the future funding of key elements of the council’s Investment and Employment Service from 2015 onwards, and would support the delivery of key objectives for prosperity and jobs.

Report of the Head of Inward Investment and Employment

Further to Minute No. 83 of the meeting held on 16 April 2015, the Cabinet considered the report of the Head of Inward Investment and Employment which provided details of the proposed operational arrangements for the Southport Theatre and Conference Centre to be undertaken by a variation to the procurement process.

Decision Made: That:

(1)       officers enter into a negotiated process with tenderer No 1 due to the absence of competition, as is afforded under Regulation 32 of the 2015 Public Contracts Regulations;

(2)       the Head of Inward Investment and Employment in consultation with the Chief Finance Officer submit a report on the outcome of the negotiated process to the Cabinet Member for Regeneration and Skills for determination;

(3)       following on from the negotiated process, the Head of Regulation and Compliance be requested to draw up the appropriate Lease and Management Agreements with tenderer No 1;

(4)       it be noted that the proposal was a Key Decision but had not been included in the Council's Forward Plan of Key Decisions. Consequently, the Leader of the Council and the Chair of the Overview and Scrutiny Committee (Regeneration and Skills) had been consulted under Rule 27 of the Access to Information Procedure Rules of the Constitution, to the decision being made by the Cabinet as a matter of urgency on the basis that it was impracticable to defer the decision until the commencement of the next Forward Plan because the Council received a minimal response to the tender opportunity, in spite of openly advertising it in the European marketplace. One of the two tender submissions received failed the Council’s financial assessment and so this could not be considered further. The Council is left with one tender submission and so no competition exists. The 2015 Public Contract Regulations afford the Council, under Regulation 32, the opportunity of switching the procurement process to a Negotiated process where there is an absence of competition. This situation requires a more rapid solution than is available within the timescale of the Forward Plan.

Reasons for Decision:

The Council received a minimal response to the tender opportunity, in spite of openly advertising it in the European marketplace. One of the two tender submissions received failed the Council’s financial assessment and so this could not be considered further. The Council was only left with one tender submission and so no competition exists. The 2015 Public Contract Regulations afford the Council, under Regulation 32, the opportunity of switching the procurement process to a negotiated process where there is an absence of competition. The panel of evaluating officers considered that a negotiation should be entered into with the remaining tenderer in order to secure a viable outcome for the Council.  

Alternative Options Considered and Rejected:

None of equivalent value.

Report of the Head of Regeneration and Housing to follow

The Cabinet considered the report of the Head of Regeneration and Housing which provided details of the proposals to introduce new slip roads on Junction 1 of the M58 motorway; to seek a contribution from the Capital Programme in order to draw down funds from the Liverpool City Region Growth Fund and to seek approval for officers to begin negotiations with the landowners affected by the scheme.

Decision Made: That:

(1)       the progress of the M58 Junction 1 Improvements scheme be noted;

(2)       the preferred scheme layout set out in the report be approved;

(3)       the Council be recommended to approve the inclusion of this scheme in the Capital Programme 2016/17 as a priority against available resources;

(4)       Officers begin negotiations with affected landowners on the understanding that no acquisitions would be completed until the Council received the Growth Fund Contribution; and

(5)       Officers develop a Memorandum of Understanding with Highways England for the procurement and delivery of the scheme, to be submitted to Cabinet Member – Regeneration and Skills for approval.

Reasons for Decision:

An indicative allocation of £5.5m had been allocated to the M58 Junction 1 Improvements project within the Liverpool City Region Growth Fund. The Combined Authority expects the funds to be expended from 2016/17. The indicative development programme for the project required the detailed design to be developed, the appropriate statutory approval process and the process of securing the necessary land to begin in early 2016 in order to enable works to begin in 2016/2017 and the Growth Fund money to be expended.

The process of securing the Growth fund money requires an Outline Business Case (OBC) to be submitted, and this needs to include confirmation for the Council’s Section 151 officer that the necessary match funding is available. The OBC is targeted for submission in September/October 2015.  If approved by the Combined Authority a Full Business Case (FBC) would be invited. This revisited and expanded on details within the OBC. The FBC was targeted for submission in December 2015. If successful the funding offer should be with the Council in early 2016.

Alternative Options Considered and Rejected:

An Optioneering Report had been completed by Atkins, the Council’s consultant, to examine other potential options for the junction. All the options proposed are broadly similar as there was little scope, due to geometric constraints and the need to comply with design criteria, of a significantly different layout. Some consideration was given within the report to a scheme including a cycle lane around the roundabout, which included amended parapets; however this scheme was due to be delivered separately by Highways England in 2016.

The proposed re-alignment of Giddygate Lane, the access track affected by the scheme, would be agreed following detailed discussions with the affected landowners and farmers.

Report of the Head of Regeneration and Housing to follow

The Cabinet considered the report of the Head of Regeneration and Housing which provided details of the progress of the A565 North Liverpool Key Corridor Major Scheme which included the proposed dualling of the A565 Derby Road from the junction of Millers Bridge (in Sefton) to Bank Hall Road (in Liverpool) and associated cycle improvements on Derby Road and sought approval for the scheme. The report also sought a contribution from the Capital Programme in order to draw down funds from the Liverpool City Region Growth Fund and approval for officers to begin negotiations with the landowners affected by the scheme.

Decision Made: That:

(1)           the progress of the A565 North Liverpool Key Corridor scheme be noted;

(2)           the proposed scheme layout set out Appendix A of the report be approved;

(3)          the Draft Memorandum of Understanding between Sefton Council and Liverpool City Council governing the delivery of the project be approved;

(4)          the Council be recommended to approve the inclusion of this scheme in the Capital Programme 2016/17 as a priority against available resources;

(5)          Sefton Officers begin negotiations with affected landowners with a view to acquiring the necessary land and associated rights to facilitate the delivery of the scheme in advance of the Cabinet approving the necessary Compulsory Purchase Order(s) at a future meeting;

(6)       the Head of Housing and Regeneration  in consultation with the Head of Regulation and Compliance be authorised to negotiate and enter into agreements with interested parties with a view to agreeing terms for the purchase  by agreement or payment of compensation for the purchase of any interest or rights over land included in the proposed scheme areas, including, where appropriate, compensation for disturbance and arrangements for relocation and to complete purchases and land transfers and pay compensation in accordance with agreement; and

(7)       authority be granted for the Section 151 officer to sign off the Outline Business Case based on the best estimates contained within the report.

Reasons for Decision:

Liverpool City Council, as the scheme’s sponsor, had determined a programme for delivery of the scheme to link with other proposed Key Corridor works within and around the city centre. They had also committed to achieving indicative spend targets of the Growth Fund within 2016/17 and 2017/18. In order to achieve the programme, the City Council had determined that Compulsory Purchase Orders would need to be served on affected properties along the corridor in November 2015. As such it was necessary to complete further consultation with affected owners to determine any details missing from the land referencing exercise completed to date and to begin negotiations over land value.

Liverpool City Council had taken a report to their Cabinet on 7 August 2015 to seek approval for the scheme, to confirm the City Council’s financial contribution to the project and to seek approval for negotiations with landowners within Liverpool.

It had been proposed that both Sefton Council and Liverpool City Council would bring further reports to their respective Cabinets to seek approval for the  ...  view the full minutes text for item 38.

Report of the Head of Regeneration and Housing

The Cabinet considered the report of the Head of Regeneration and Housing which provided details of proposals to seek delegated powers for the Cabinet Member for Planning and Building Control to agree minor proposed changes to the submitted Local Plan during the examination hearings. 

Decision Made:

That the Council be recommended to approve that the Cabinet Member for Planning and Building Control be given delegated powers to agree minor proposed changes to the submitted Local Plan during the examination hearings.

Reasons for Decision:

To seek delegated powers to the Cabinet Member to agree minor proposed changes to the draft Local Plan during the examination hearings. This would mean that only major proposed modifications would have to be reported to full Council.

Alternative Options Considered and Rejected:

The alternative would be to seek Council approval to consider all proposed changes to the draft Plan. This would require a significant number of very minor changes to be reported to Council which would not have any bearing on the strategy or intent of the Plan. 

Report of the Head of Corporate Support

The Cabinet considered the report of the Head of Corporate Support which provided details of the proposed procurement process for the implementation of a reactive day to day maintenance term contract for the Council’s property portfolio of properties.

Decision Made: That;

(1)       the proposed method of procurement as set out in the report be approved;

(2)       the proposals for the evaluation of tenders be approved;

(3)       the Head of Corporate Support be authorised to accept the most advantageous tender; and

(4)       subject to (3) above, the Head of Regulation and Compliance be authorised to enter into a contract with the sucessful tenderers.

Reasons for Decision:

To ensure that the proposals are the most appropriate to select good quality reactive responsive maintenance contractors whilst guaranteeing that the Council secures good value for the works carried out.

Alternative Options Considered and Rejected:

All practical options have been considered and are addressed in the body of the report.

Report of the Chief Finance Officer to follow

The Cabinet considered the report of the Chief Financial Officer which provided details of the revenue outturn position on the 2014/15 General Fund including the Schools’ Delegated Budget.

Decision Made: That:

(1)       the General Fund net surplus of £1.458 m for 2014/15 be noted

(2)       the Schools Delegated Budget net deficit of £0.346m for 2014/15 be noted;

(3)       approval be given to the carry forward of unspent resources in the Emergency Limited Assistance Scheme monies (£0.379m) into the 2015/16 financial year;

(4)       approval be given to the surplus in 2014/15 being utilised to:

(i)            assist in developing community support, extending the period of the modern apprenticeship scheme and providing additional recreational facilities at King’s Gardens as set out in paragraph 4.5 of this report; and

(ii)          provide a training course for aspiring instructors at the Crosby Lakeside Activity Centre at a cost of £30k.

Reasons for Decision:

To ensure Cabinet are informed of the revenue outturn position for 2014/15 and to seek approval to utilise available resources as set out in the report.

Alternative Options Considered and Rejected:

None.

Report of the Chief Finance Officer to follow

The Cabinet considered the report of the Chief Finance Officer which provided details of the progress in the achievement of the approved savings for 2015/16 (and any residual savings carried forward from 2014/15); the financial and staffing capacity risks elsewhere within the budget; proposals for the provision of additional financial resources; the proposed addition of a number of Section 106 schemes into the Capital Programme; and the latest forecast on Council Tax and Business Rates collection.

Decision Made: That:

(1)       the progress to date on the achievement of approved savings for 2015/16 and residual savings carried forward from previous years be noted;

(2)       the wider financial pressures being experienced in the remainder of the Budget be noted;

(3)       approval be given to the additional staffing and budget resources for social care purposes as set out in paragraph 4.3 of the report;

(4)       approval be given to the creation of a Cabinet Support Officer as outlined in paragraph 4.4 of the report and to approve the use of the 2014/15 surplus to meet the 2015/16 costs;

(5)       approval be given to the inclusion of additional Section 106 projects in the Capital Programme as outlined in paragraph 4.5 of the report subject to:

(i)         the deferral of the commuted sums for trees and greenspace in the Netherton and Orrell Ward to enable further consultations with the Ward Members and the Cabinet Member for Health and Wellbeing be given delegated authority to determine the agreed schemes within the available resources; and

(ii)        the deletion of the Haileybury Avenue commuted sums grass verges scheme in the Racecourse Retail Park because the works had already been completed.

(6)       the forecast position on the collection of Council Tax and Business Rates be noted.

Reasons for Decision:

To ensure Cabinet are informed of the latest position on the achievement of savings for the current financial year and to identify wider budget pressures being experienced elsewhere in the budget. To provide an update on the forecast the outturn position on the collection of Council Tax and Business Rates. To highlight service staffing pressures and to seek additional resources to meet that demand. To include additional schemes financed from Section 106 monies into the Capital Programme

Alternative Options Considered and Rejected:

None.

Report of the Head of Corporate Support

The Cabinet considered the report of the Head of Corporate Support which provided details of the tenders received as a result of the marketing exercise for the sale of the Council’s freehold interest in the former Maghull Library and adjoining Youth Centre, Liverpool Road North, Maghull.

Decision Made: That:

(1)       subject to the receipt of planning permission, approval be given to disposal of the Council freehold interest in the former Maghull Library and Youth Centre to the highest bidding tenderer detailed in Appendix 1, on the terms set out in the report; and.

(2)       the Head of Regulation and Compliance be authorised to prepare the necessary legal documentation on the terms and conditions detailed in the tender documents, by way of a Building Lease followed by Conveyance of the freehold interest, or an appropriate alternative means of Transfer, if required.

Reasons for Decision:

Maghull Library relocated to new premises within the Meadows Leisure Centre in Maghull and the existing property was declared surplus to operational requirements. The adjoining Youth Centre had also been closed and declared surplus to requirements. The premises are included in the Council’s Asset Disposal Programme for 2015/16. Disposal would bring the premises into productive use and relieve the Council of an ongoing liability.

Alternative Options Considered and Rejected:

The Council could retain the premises and continue to incur the holding costs.

Report of the Director of Built Environment

The Cabinet considered the report of the Director of Built Environment which provided details of the urgent decision made by Leader of the Council on 31 July 2015 to accept the highest tender received in relation to the disposal of the Council-owned site at Senate Business Park.

Decision Made:

That the urgent decision taken by the Leader of the Council be noted

Reasons for Decision:

The highest tenderer required the acquisition of the site to be progressed as a matter of urgency in order to achieve strict deadlines in relation to the re-development of the site for manufacturing purposes which would assist to secure 62 jobs currently based within Sefton.

Alternative Options Considered and Rejected:

The Council prepared the site utilising resources provided by the former North West Development Agency. Its successor, the Homes and Communities Agency, wished to secure the disposal of the site and the Council was obliged to dispose of the site under the agreements with the NWDA/HCA and would be in breach of these agreements if it did not dispose of the site.

The Council could treat this matter with less urgency and risk the loss of a significant capital receipt and the potential loss of 62 jobs currently based in Sefton and the opportunity for the creation of up to 122 new jobs as a result of the investment.