Agenda and minutes

An apology for absence was received from Councillor Hardy.

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 23 June 2022

Decision Made:

That the Minutes of the meeting held on 23 June 2022 be confirmed as a correct record. 

Report of the Chief Legal and Democratic Officer

The Cabinet considered the report of the Chief Legal and Democratic Officer that Sefton Council was the 100% shareholder in Sefton (ACS) Holding Company Limited which in turn was the sole shareholder in Sandway Homes Limited; that the Council and the companies had recently undertaken a review of the governance documentation determining the relationship between the Council and the companies and revised governance documentation was being presented to Cabinet for approval; and that in accordance with the Council’s Constitution Cabinet performed the shareholder function for the Council. 

Decision Made:

Reasons for the Decision:

The formal governance arrangements determining the relationship between the Council and Sefton Holding Company and Sandway Homes Limited have not been reviewed since the creation of the companies and it is felt appropriate to do so now.

Alternative Options Considered and Rejected:

To remain with current governance documentation. This would not reflect good practice in the governance arrangements between the Council and the companies.

Report of the Chief Legal and Democratic Officer

The Cabinet considered the report of the Chief Legal and Democratic Officer that presented formally the final report of the Impact of Covid 19 on the Primary Curriculum Working Group. The report would also be considered by Council at its meeting to be held on 15 September 2022.

Decision Made:

(1)      That, once data is available, the Head of Education Excellence be requested to submit a monitoring report to the Overview and Scrutiny Committee (Children’s Services and Safeguarding), on primary school performance, to include school attendance and any available information on SATs results, and other performance indicators, in order to draw comparisons with 2019 performance and also with regional and national performance.

(2)      That the Council be requested to agree in writing to all Headteachers of schools throughout the Borough, to thank teaching staff for their on-going input throughout the pandemic and to raise the following matters:

(a)           to remind schools of the continued support available from the              Council.

(b)      to remind schools of the various options available for securing additional teaching staff, such as:

·       the graduate teaching apprenticeship scheme

·       School Centred Initial Teacher Training (SCITT)

·       Teach First

·       Degree course in Bachelor of Education (B.Ed.) and

·       a Post Graduate Certificate in Education (PGCE)

(c)      to remind schools of the availability of mental health support, including the Young People’s Emotional Wellbeing Toolkit that can be accessed via the following link:

Mental Health & Emotional Wellbeing (sefton.gov.uk)

(d)      to encourage schools to try to re-engage with families as a source of support in schools where possible and where practical, particularly given covid concerns.

(3)      That the Mayor of Sefton be requested to consider hosting an event for representatives of all schools throughout the Borough, to thank them for their on-going input throughout the pandemic.

(4)      That the Council be requested to agree to writing to the Department for Education in the strongest terms, to request additional resources for Sefton schools, particularly in view of forthcoming literacy and numeracy expectations on primary schools by 2030.

(5)      That the Senior Democratic Services Officer be requested to liaise with relevant officers in order to ensure that the Overview and Scrutiny Committee (Children’s Services and Safeguarding) receives a six-monthly monitoring report, setting out progress made against each of the recommendations outlined above.

Reasons for the Decision:

1.       The Working Group has made a number of recommendations that require approval by the Overview and Scrutiny Committee (Children’s Services and Safeguarding); the Cabinet; and the Council.

2.       Chapter 6 – Overview and Scrutiny – of the Council’s Constitution    states that

“7.      All Overview and Scrutiny Working Group Final Reports should    be reported to Cabinet and full Council for final approval.”

Alternative Options Considered and Rejected:

No alternative options were considered. The Overview and Scrutiny Committee (Children’s Services and Safeguarding) established the Working Group to review the impact of covid 19 on the primary curriculum and the Working Group has performed this task.

Report of the Chief Legal and Democratic Officer

The Cabinet considered the report of the Chief Legal and Democratic Officer that sought the appointment of two further elected Members to serve on the Sefton New Directions Limited Board; the appointment of elected Members as substitutes to the Standing Advisory Committee for Religious Education (SACRE); and to change the Council representative serving on the Liverpool University Hospital NHS Foundation Trust - Council of Governors. 

Decision Made:

That:

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.

The draft SACRE constitution states that “Elected members may appoint alternates to attend meetings on their behalf.”

Alternative Options Considered and Rejected:

None.

Report of the Head of Strategic Support

The Cabinet considered the report of the Head of Strategic Support that updated on the outcome of the Local Government Association Peer Review Revisit; advised of the intentions to action the areas identified; and informed of the intention to review and refresh the Vision 2030.

The LGA Corporate Peer Challenge – Re-visit Report was appended to the report.

Councillor Lappin, Cabinet Member – Regulatory, Compliance and Corporate Services referred to the Member Development section of the LGA Corporate Peer Challenge – Re-visit Report and stressed the importance of providing support for Chairs, Vice-Chairs and all other members of Overview and Scrutiny Committees.  

Decision Made:

That:

Reasons for the Decision:

Peer Reviews are a proven tool for sector-led improvement and the Council has always been open to learning from others and sharing good practice.

The peer challenge that took place in 2018 provided external recognition of the things it believes the Council was doing well, highlighted where the Council can learn from other councils considering best practice elsewhere and recommended several key actions.

The follow up revisit took place in April 2022 and the peers have made a number of recommendations.

Sefton Council is a listening Council and intends to review and refresh Vison 2030 as per the timeline presented in the report.

In the interim Council are asked to consider and note the strengthened Core Purpose at Annex A.

Alternative Options Considered and Rejected:

None.

Report of the Head of Communities

The Cabinet considered the report of the Head of Communities that provided an overview of how the Council had allocated the various grants from the Department for Work and Pensions (DWP) to support residents with the cost-of-living crisis and to highlight the additional measures that had been introduced to in light of the emerging priorities.

Decision Made:

That the report be noted.

Reasons for the Decision:

To keep the Cabinet updated on actions taken.

Alternative Options Considered and Rejected:

None.

Report of the Executive Director of Children's Social Care and Education

The Cabinet considered the report of the Executive Director of Children's Social Care and Education that advised of:

Decision Made:

That in respect of the Dedicated Schools Grant – High Needs Budget:

That in respect of the update on the 2022/23 Special Educational Needs Review / Sufficiency Programme:

Reasons for the Decision:

Alternative Options Considered and Rejected:

None.

Report of the Head of Highways and Public Protection

The Cabinet considered the report of the Head of Highways and Public Protection that:

·        advise Cabinet on the outcomes of the Clean Air Plan Outline Business Case, which presented the preferred option for potentially progressing a Clean Air Zone as part of the Clean Air Plan

·        sought approval of the Outline Business Case findings and recommendations

·        provided recommendations on next steps / pathways for further progression of the Clean Air Plan Outline Business Case - for later determination by Cabinet

Decision Made:

That:

Reasons for the Decision:

Sefton Council has statutory Local Air Quality Management duties and public health responsibilities and has also declared a Climate Emergency.

The Clean Air Plan Outline Business Case (CAP OBC) has been prepared to enable the Council to improve local air quality, enhance public health and to help reduce carbon emissions.

The business case for the Clean Air Plan (CAP) has been developed in accordance with the appropriate guidance and needs to be approved to facilitate the next stage of the process. The issues associated with the proposed CAP and the options for the next steps need to be considered in deciding whether and how to proceed.

There is a need for Cabinet to consider the outcomes of the OBC, specifically the next steps/pathway for the CAP and to consider the implications of proceeding to a Full Business Case (FBC) for the CAP.

Alternative Options Considered and Rejected:

A range of different air quality interventions were considered as part of an initial feasibility report and different options for a Clean Air Zone were appraised in detail as part of the business case process. The alternative options were rejected as they were less effective in meeting the strategic objectives of the CAP and less readily deliverable.

Report of the Executive Director of Corporate Resources and Customer Services

The Cabinet considered the report of the Executive Director of Corporate Resources and Customer Services that advised that the Council had, for many years, used the services of external enforcement agent companies as a last resort to recover various debts it was owed, such as for Council Tax, Business Rates, Housing Benefit overpayments, Sundry Debts and other income from fees and charges including penalty charge notices for parking fines. The report also advised that most people paid the Council on time, but some simply tried to delay payment. However, the Council recognised that people and businesses in the community were facing challenges in the current economic climate, particularly in the light of rises in the cost of living, post COVID economic recovery and the Government’s welfare reform changes; and that to help mitigate these issues support procedures remained under constant review within the debt collection process.

The report continued that before a debt was passed to an enforcement agent company to collect, the Council attempted to engage with the debtor to offer help and assistance at each stage in the collection and recovery process and, where possible, supported them to make affordable arrangements based on their individual circumstances together with providing information about voluntary sector or business advice organisations that could give further practical support with debt and welfare advice. Regrettably for some, the refusal to engage or to seek independent advice could leave the Council with limited alternatives and sometimes it became necessary to pass the debt to an enforcement agent company to enforce a Liability Order which had been obtained from the Magistrates Courts.

The Council complied with all relevant Government legislation that governed the collection of debt and applied best practice to Council Tax debt collection, as recommended by the Local Government Association; and the Council worked in partnership with Sefton Citizens’ Advice and contracted enforcement agents to ensure that people with Council Tax arrears were treated fairly.

The report concluded that the Council’s existing contract which was entered into under the Rotherham Enforcement and Debt Collection Services Framework was due to expire on the 31 March 2023.; and that therefore, to ensure enforcement action could continue a procurement process for enforcement agent services was required. The report sought approval to commence a mini competition under the YPO Enforcement Agency Services Framework 953.

Decision Made:

That:

Report of the Executive Director of Corporate Resources and Customer Services

The Cabinet considered the report of the Executive Director of Corporate Resources and Customer Services that provided a review of the Treasury Management activities undertaken during 2021/22; and advised that Cabinet received this outturn report to allow monitoring against the Treasury Management Policy and Strategy and Prudential Indicators approved by Cabinet and Council in March 2021.

Decision Made:

That the Treasury Management position during 2021/22 and the update to 31st May 2022, the effects of decisions taken in pursuit of the Treasury Management Strategy and the implications of changes resulting from regulatory, economic and market factors affecting the Council’s treasury management activities be noted.

Reasons for the Decision:

To ensure that Members are fully apprised of the treasury activity undertaken during 2021/22 and also to 31st May 2022 in order to meet the reporting requirements set out in Sefton’s Treasury Management Practices and those recommended by the CIPFA code.

Alternative Options Considered and Rejected:

None.

Report of the Executive Director of Corporate Resources and Customer Services

The Cabinet considered the report of the Executive Director of Corporate Resources and Customer Services that advised of the revenue and capital outturn position in relation to the 2021/22 financial year; and in doing so the report outlined any key variations and where appropriate any impact on future years’ financial performance.  In addition, the report provided details of the Council Corporate Performance for 2021/22.

Councillor Lappin, Cabinet Member – Regulatory, Compliance and Corporate Services indicated that the production of an executive summary, on a quarterly basis, would be helpful to monitor corporate performance. 

Decision Made:

That in respect of the Revenue Outturn

That in respect of the Capital Outturn

That in respect of Corporate Performance:

Reasons for the Decision:

The production of a revenue and capital outturn report is a key feature of effective financial management and will allow Members to make informed decisions that will support service delivery and medium-term financial sustainability.

This report should be read in conjunction with the Treasury Management Outturn report for 2021/22 and the High Needs Funding report which are also on the agenda for this meeting.

Alternative Options Considered and Rejected:

None.

Report of the Executive Director of Corporate Resources and Customer Services

The Cabinet considered the report of the Executive Director of Corporate Resources and Customer Services that informed of:

Decision Made:

Reasons for the Decision:

To ensure Cabinet are informed of the current position in relation to the 2022/23 revenue budget.

To provide an updated forecast of the outturn position with regard to the collection of Council Tax and Business Rates. 

To keep members informed of the progress of the Capital Programme against the profiled budget for  ...  view the full minutes text for item 37.

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 X 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 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 Executive Director - Place

The Cabinet considered exempt information relating to the Marine Lake Event Centre business report and appendices.

Decision Made:

That the exempt information be considered as part of the public report in relation to the Marine Lake Event Centre (Minute No. 41 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 Executive Director - Place

The Cabinet considered the report of the Executive Director – Place that updated on the Marine Lake Events Centre (incorporating The Light Fantastic) and presented the preferred option for progressing the commitment of Southport Town Deal funding for the project. The report also included the business case for the project for required submission by the Council, as accountable body, to Government on behalf of the Town Deal Board; and set out the next steps required in relation to the appointment of a main contractor and Operator.

Decision Made:

That:

Reasons for the Decision:

Cabinet has previously approved to progress with a new Marine Lake Events Centre in Southport as part of the successful Southport Town Deal.  ...  view the full minutes text for item 41.