Agenda and minutes

Apologies for absence were received from Councillors Cummins and Fairclough.

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 4 October 2018

Decision Made:

That the minutes of the Cabinet Meeting held on 4 October 2018 be confirmed as a correct record.

a)         Sand Dunes Nursery School – Public Petition

In accordance with the Council’s Constitution, the Head Teacher has submitted a petition, containing the signatures of at least 25 residents of the Borough, which opposes the closure of the above Nursery. Michelle Hoang, a parent, will be permitted to address the Cabinet on the content of the petition for a period of up to 5 minutes.

The petition states that:-

“Sand Dunes Nursery School in Seaforth is facing possible closure in July 2019. The school is well-established within the area and has been part of the immediate community for over 80 years. Sand Dunes provides a very strong support network for all their families, not only providing high quality education and care for children in the critical early stages of their development but supporting parents in numerous ways which include educational advice, support and general guidance which our families need and rely upon. The families that access Sand Dunes are very concerned that there will not be spaces available to cater for their children if this setting was to close and they are keen to make sure their children continue to receive the same high quality education and support.

Independent research has shown that Maintained Nursery Schools provide the highest quality Early Years Education, meeting higher standards and employing the most qualified staff. They provide a different service to other early years providers, closing the achievement gap for some of the most disadvantaged children in the country.”

b)        Sand Dunes Nursery School – Outcome of the Consultation on the Proposal to Close the School Because it is not Financially Viable.

Report of the Head of Schools and Families

In accordance with the Council’s Constitution, the Head Teacher of Sand Dunes Nursery School had submitted a petition, containing the signatures of 88 residents of the Borough, which opposed the closure of the Nursery. Michelle Hoang, a parent, was permitted to address the Cabinet for a period of up to 5 minutes on the content of the petition which stated that:

“Sand Dunes Nursery School in Seaforth is facing possible closure in July 2019. The school is well-established within the area and has been part of the immediate community for over 80 years. Sand Dunes provides a very strong support network for all their families, not only providing high quality education and care for children in the critical early stages of their development but supporting parents in numerous ways which include educational advice, support and general guidance which our families need and rely upon. The families that access Sand Dunes are very concerned that there will not be spaces available to cater for their children if this setting was to close and they are keen to make sure their children continue to receive the same high quality education and support.

Independent research has shown that Maintained Nursery Schools provide the highest quality Early Years Education, meeting higher standards and employing the most qualified staff. They provide a different service to other early years providers, closing the achievement gap for some of the most disadvantaged children in the country.”

During her presentation, Michelle Hoang referred to the number of children who currently attend Sand Dunes Nursery School, who are classed as vulnerable and have external involvement from various other agencies and she suggested that that there were other alternatives to closing the maintained nursery that are potentially viable and should be fully explored before a decision is made to close the nursery, such as:

·         Merging or working with other maintained nurseries in the area, before Sefton runs the risk of losing all four, and having a bigger cumulative financial debt.

·         Using Sand Dunes as a profitable educational training hub. Many other settings are having to attend courses/training outside of the area, and Sand Dunes are already providing advice and training for other local settings.

·         Consider using Sand Dunes as a specialist provision for those with Special Educational Needs, to free up places in similar settings, such as Rowan Park.

The Cabinet then considered the report of the Head of Schools and Families which indicated that the Cabinet at its meeting held on 26 July 2018 (Minute No. 29) had been advised that the Governing Body of Sand Dunes Nursery School had informed Council Officers that it was unable to set a budget and produce a plan to bring the school back into budget and consequently the school was no longer financially viable. The Cabinet had agreed to undertake a statutory consultation and the report provided details of the outcome of the consultation on the proposed closure of Sand Dunes Nursery School, the current financial position of the school and sought  ...  view the full minutes text for item 55.

Report of the Head of Adult Social Care

Further to Minute No. 130 of the meeting held on 8 March 2018, the Cabinet considered the report of the Head of Adult Social Care which provided an update on the outcome of the procurement activity relating to the establishment of a Pseudo Dynamic Purchasing System (PDPS) for purchasing care and support in Extra Care Housing, hosted by Liverpool for the Tripartite Authorities (Liverpool, Sefton and Knowsley). 

The report also sought authorisation for the procurement of replacement contracts for Care and Support services within two existing Extra Care Housing schemes in Sefton.

Decision Made: That:

(1)       the completion of the previously agreed procurement exercise, hosted by Liverpool City Council, establishing a Pseudo Dynamic Purchasing System (PDPS) accessible to Liverpool, Knowsley and Sefton councils for the procurement of Care and Support services in Extra Care Housing be noted;

(2)       it be noted that Sefton is not obliged to exclusively use the PDPS and can opt to use the PDPS or procure such services through alternative procurement routes, as appropriate to the specific circumstances;

(3)       the circumstances set out within the report in relation to the renewal of contracts for Care and Support services within the existing Extra Care Housing schemes in Sefton be noted; 

(4)       approval be given to the commencement of a “Light Touch Regime” OJEU Open procurement exercise that complies with the obligations of the Public Contract Regulations 2015, to award a 3 year contract, with 2 x 12 month extension options, for the provision of Care and Support at James Horrigan Court. The award criteria used for this procurement to be based on “MEAT” (Most Economically Advantageous Tender) taking into account a balance between Price and Quality that will be published in the Invitation to Tender documentation;

(5)       approval be given to the extension of the current contract for 3 months, to enable the above procurement and any subsequent transfer of provision to take place if required;

(6)       the Head of Adult Social Care, in conjunction with the Cabinet Member Adult Social Care, be authorised to award a contract following completion of the above procurement exercise; and

(7)       approval be given to the direct award of a 2-year contract for provision of Care and Support services at Parkhaven Court Extra Care Housing scheme to the existing Provider.

Reasons for Decision: 

To establish formal arrangements for the procurement of care and support services for vulnerable people in Extra Care services and to put contracts in place to ensure provision of care and support services for vulnerable people in 2 existing Extra Care Housing schemes.

Alternative Options Considered:

The following options were considered and rejected:

1.    Procuring the two contracts for Extra Care services at Parkhaven Court and James Horrigan Court through the PDPS was considered and rejected as it would prevent the existing care providers, who both provide good quality services, from inclusion in the procurement process.

2.   An open procurement process was considered for the contract for Extra Care services at Parkhaven Court but was  ...  view the full minutes text for item 56.

Report of the Head of Health and Wellbeing

The Cabinet considered the report of the Head of Health and Wellbeing which provided details of the options for the provision of a community infection prevention service following the expiration of the existing service contract with Mersey Care NHS Foundation Trust on 30 June 2019.

Decision Made: That:

 (1)      the Chief Executive be authorised to conduct an OJEU Light Touch Regime tender exercise for the Community Infection Control Service to run for a period of three years from 1September 2019 with the option of two further one-year extensions;

(2)       the evaluation be based on MEAT (Most Economically Advantageous Tender) taking into consideration a balance between Quality and Cost;

(3)       the Chief Executive be granted delegated authority to award the contract, following the tender exercise, in consultation with the Cabinet Member for Health and Wellbeing.

Reasons for the Decision:

The Sefton Community Infection Prevention and Control Service supports hospices, care homes and schools across the Borough to prevent and manage communicable disease outbreaks.

The Service works closely with care homes across the Borough to support the management, control and prevention of influenza and norovirus (winter vomiting bug). This ensured that vulnerable care home residents are protected during community outbreaks of norovirus and influenza. Consequently, there was a high level of critical activity for this Service when seasonal flu and norovirus are circulating within the community. This peak in activity typically occurs between early November and mid- April.

Extending the contract by an additional two months would ensure that activity related to procurement and mobilisation take place after this period. The submission of bids would take place toward the end of April 2019 and the mobilisation would take place from June to August 2019. This option would allow a period of two months following the new Service contract start date before we would expect a seasonal increase in activity.

The contract would be awarded on the basis of a core contract period of three years with two further optional extension periods of one year each. The purpose of building contracts around core and extension periods was to ensure that the quality of the contract is maintained throughout the life of the contract and to ensure that the Council, particularly at times of financial uncertainty, has flexibility to bring contracts to a conclusion and/or is able to refine services and or goods received under the contract.

The Community Infection Prevention and Control Service is part of the mandated health protection function of Public Health in the Local Authority, this is set out in Part 2 of the Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013, Regulation 8.

Alternative Options Considered and Rejected:

The option of re-procuring the Service with a start date of 1 July 2019 would involve submission of bids in January/February 2019 with mobilisation of the new Service commencing 1April 2019, during the services anticipated peak in activity.

Therefore, this option would potentially impact on the services ability to respond to  ...  view the full minutes text for item 57.

Report of the Head of Locality Services - Commissioned

The Cabinet considered the report of the Head of Locality Services - Commissioned which provided details of the results of the third year review of the permit scheme for road and street works operated within the Borough and sought approval to increase the current permit fees.

Decision Made: That:

(1)       the benefits of the permit scheme as detailed in the report be noted; and

(2)       approval be given to an increase in the permit fees as set out in Appendix A of the report.

Reasons for Decision:

The Council had successfully operated a permit scheme since 2February 2015. Each of the 3 yearly reviews had demonstrated the success of the scheme and the financial benefits to the economy and road user.

Increased operating costs over the duration of the permit scheme have highlighted the need to review the fee structure to ensure that the Council does not operate the scheme at a financial loss.

Alternative Options Considered and Rejected:

The Council could choose to maintain the existing permit fee structure, however, this may result in an operational loss for the running of the scheme.

Report of the Head of Commercial Development

Further to Minute No. 74 of the meeting held on 5 October 2017, the Cabinet considered the report of the Head of Commercial Development which provided details of two proposed changes and a clarification of the Articles of Association for the Council’s Housing Development Company (the DevCo), as follows:

1.       A change - to allow remuneration for Non-Executive Directors of the Company.

2.    A change – of the trading name of the company, following a brand development exercise, to “Sandway Homes”.

3.       A clarification - to provide a clearer definition of the responsibilities and authority of the Shareholder Representative, a role created to allow an individual Cabinet Member to represent the collective Cabinet in relation to the DevCo.

The report indicated that if approved by Cabinet, the Articles would be updated with those changes and registered with Companies House, becoming part of the Company’s constitution.

Councillor Hardy referred to a typographical error in paragraph 1 d of the reasons for the recommendations, set out in the report and indicated that the reference to a member of an Overview and Scrutiny Committee should read a Chair of an Overview and Scrutiny Committee.

The following appendices were attached to the report:

Appendix 1 – Agreed definition of the role of Non-Executive Directors.

Appendix 2a – Details of Brand Development Exercise (“Brand Book”)

Appendix 2b – Details of Brand Options (“Identity Proposal”)

Appendix 2c – Details of Brand Recommendation (“Tone of Voice and Guidelines”)

Appendix 3a – Existing Articles for the HoldCo

Appendix 3b – Existing Articles for the SaleCo

Decision Made: That:

 (1)      approval be given to the change to the Articles of Association to allow for the remuneration of Non-Executive Directors as set out in the report;

(2)       approval be given to the proposed change to the Articles to allow trading as ‘Sandway Homes’;

(3)       approval be given to the detailed definition of the role of the Shareholder Representative as set out in the report; and

(4)       the Executive Director (Sarah Kemp), in consultation with the Cabinet Member for Communities and Housing be authorised to implement these changes to the Articles and register updated Articles with Companies House.

Reasons for Decision:

1. Allowing remuneration of Non-Executive Directors (NEDs) would make it possible to attract industry leading individuals to the DevCo Board, ensuring that the Company benefits from the extensive skills and experience that these kinds of individuals possess helping to maximise the success of the Company and the return to the Shareholder (the Council). The recommended proposals are as follows:

a. NEDs will be external (i.e. not Officers or Members of the Council).

b. NEDs will have the same voting rights as the Executive Members of the

Council (which Executive Directors include an Executive Director of the

Council (initially acting as Chair of the Board), a Head of Service (acting as

Managing Director) and the Deputy Section151 Officer (acting as Finance

Director) along with a front-line (non-Cabinet member) councillor).

c. Any members of the Board who are officers of the  ...  view the full minutes text for item 59.

Report of the Head of Corporate Resources

The Cabinet considered the report of the Head of Corporate Resources which provided details of the current forecast revenue outturn position for the Council for 2018/19 and potential impact on the 2019/20 budget; the current forecast on Council Tax and Business Rates collection for 2018/19 and the current position of the 2018/19 Capital Programme.

Councillor Moncur enquired about the impact of the Chancellor of the Exchequer’s Budget announced on 29 October 2018 upon the Council and the Head of Corporate Resources indicated that officers were awaiting details of the allocations / bid criteria for the additional one - off funding to be provided for adult social care and highway potholes. He also indicated that more definitive information would be provided when the Government publishes the Local Government Financial Settlement on 6 December 2018. The details of which would be made available to Members of the Council in due course.

Councillor Hardy requested that a report on the funding of the Community Transition Fund be submitted to the Cabinet in due course.

Decision Made: That:

(1)       approval be given to the implementation of the mitigating actions to deal with the significant budget pressure that have been identified and are detailed within th report;

(2)       in the event that there is material change to the 2018/19 outturn

forecast, additional remedial measures should be identified in order that a balanced budget position can be achieved; and

(3)       as a result of the impact of the current financial position in 2018/19,

and its subsequent impact on the 2019/20 budget, officers continue to identify new budget saving proposals for Members to consider in order that a robust and sustainable budget can be set for 2019/20.

Reasons for Decision:

To ensure Cabinet are informed of the forecast outturn position for the 2018/19 revenue and capital budgets as at the end of September 2018 and to provide an updated forecast of the outturn position with regard to the collection of Council Tax and Business Rates.

In March 2017 Council approved a three-year budget plan to March 2020. The final two years of this plan were revised in March 2018 as part of the process of setting the 2018/19 budget. The Council is half way through the second year of the budget plan and remains confident that the strategic approach to budget planning alongside good financial management and extensive community engagement means that it will secure future sustainability to 2020 and beyond. However, in year demand for social care services is currently resulting in the costs for these services exceeding the budget. Corrective action will be required to bring the overall budget into balance before the end of the financial year if the position worsens over the coming months. 

Alternative Options Considered and Rejected: 

None.

Report of the Chief Legal and Democratic Officer

The Cabinet considered the report of the Chief Legal and Democratic Officer  which sought the appointment of a Council representative to serve on Veterans in Sefton until May 2019; and the North-West Boroughs Healthcare NHS Foundation Trust - Council of Governors for 2018/19 for the remainder of a 3 year appointment until 31 May 2020.

Decision Made: That:

(1)       Councillor Lappin be appointed to serve on the Veterans in Sefton outside body for the remainder of the 2018/19 Municipal Year; and

(2)       Councillor Moncur be appointed to serve on the North-West Boroughs Healthcare NHS Foundation Trust – Council of Governors outside body for the remainder of a 3 year appointment until 31 May 2020.

Reasons for Decision:

The Cabinet had 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 Chief Planning Officer

Further to Minute No. 66 of the meeting of the Planning Committee held on 17 October 2018, the Cabinet considered the report of the Chief Planning Officer which provided details of the urgent decision taken by the Leader of the Council to approve the removal of further permitted development rights at The Cottages, 1-3 Chapel Lane, Netherton following the revocation of Lawful Development Certificate DC/2014/01497 for the ‘proposed development for the erection of proposed buildings and means of enclosure incidental to the enjoyment of the dwellinghouse’.

Decision Made: 

That the decision of the Leader of the Council be noted.

Reasons for Decision: 

The removal of permitted development rights via Article 4 direction is necessary to prevent any further or alternative buildings being erected at the premises following the removal of that existing, causing continued public concern over harm to amenity.

Alternative Options Considered and Rejected:

The alternative is to not serve an Article 4 direction, which would allow the landowner to erect further buildings potentially injurious to amenity whilst undermining the steps taken to revoke a Lawful Development Certificate for the erection of buildings and means of enclosure incidental to the enjoyment of the dwellinghouse (ref. DC/2014/01497).