Agenda and minutes

The Chair welcomed newly appointed Cabinet Members Councillors Dowd and Harvey to the Cabinet meeting.

An apology for absence was received from Councillor Veidman.

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 April 2024

Decision Made:

That the Minutes of the meeting held on 4 April 2024 be confirmed 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 seeking approval for the future commissioning approach for the Sefton Adult Social Care Residential and Nursing Sector.

The Chair referred to the impending departure of Eleanor Moulton, Assistant Director – Integrated Life Course Commissioning, due to her taking a position in another local authority, and thanked Eleanor for all her hard work and support during her time with Sefton.

Decisions Made:

That

(1)      a new Sefton framework of Residential and Nursing Care Homes that will be established for up to, and not more than, a ten-year period, commencing in the 2024/25 financial year, compliant to the latest regulations effective of 1 October 2024, be established;

(2)      decisions on the award, contracting models, contract terms and conditions and service specification to be applied to the new Framework be delegated to the Executive Director of Adult Social Care and Health in consultation with the Cabinet Member – Adult Social Care and Health and Deputy Leader, on the basis that they can be contained within existing and approved budget provision within the service;

(3)      the Executive Director of Adult Social Care and Health in consultation with the Cabinet Member – Adult Social Care and Health and Deputy Leader, be given delegated authority to issue new contract terms and conditions to all care homes for adults over 18 who are commissioned by Sefton Council, to include the direct award of contracts to such homes, with the proviso that this approach and any such awards adhere to procurement regulations, and the intent that this approach maintains the prospective Care Home Residents’ Choice Directive;

(4)      periodic re-opening exercises of the Framework be approved, and decisions on the awarding of contracts to successful new applicants and with respect to any such specific commissioning exercises / competitions be made; and

(5)      over the course of the new Framework, delegated authority be granted to the Executive Director of Adult Social Care and Health in consultation with the Cabinet Member – Adult Social Care and Health and Deputy Leader, to make decisions on any amendments to its rules / operation.

Reasons for the Decisions:

To ensure that updated commissioning and contractual arrangements were put in place. These commissioning and contractual arrangements would adhere to the new CQC single assessment framework, which aimed to deliver Effective, Responsive, Safe, Caring and Well-led models of care, and which would ensure that there was greater control of the market, that future decisions on commissioning and market management could be made in a timely manner, and to put in place new contractual and service delivery arrangements which both sought to ensure market sustainability, and that there was a greater focus on commissioning high quality services with Providers that were willing to deliver services in line with the Framework arrangements.

Alternative Options Considered and Rejected:

1.             Maintaining the status quo – This was not considered to be a viable option due to identification of the need to establish new commissioning  ...  view the full minutes text for item 5.

Report of the Assistant Director of Children's Services (Education)

The Cabinet considered the report of the Executive Director for Children’s Social Care and Education seeking a determination on the proposal to establish a SEN Unit at Marshside Primary School. The Public Notices and the Proposal for Establishing SEND Resource Bases were attached to the report at Appendix A.

Decisions Made:

That the proposal as detailed in the statutory notice to establish a SEN UNIT at Marshside Primary School with effect from 1 September 2024 be approved.

Reasons for the Decisions:

The local authority had the power to consider all options including expanding a school following the statutory process detailed in the report.

The proposal would build on the good standards for teaching and learning already in place at the school. The development would provide places for children and young people with SEND within the SEN Unit. Marshside Primary School had been judged by Ofsted to be providing good quality education.

The development would not have any negative impact on other schools, academies, and educational institutions in the area.

The proposed SEN Unit would not replace existing provision but would supplement and improve provision across the borough.

The addition of the SEN Unit to the school would not have a direct impact on admissions or provision at other schools within the area.

Long-term value for money would be achieved by pupils having their needs met within appropriate mainstream provision with specialist support rather than in special school provision. This would free special school places for pupils with the highest level of needs and provide the opportunity to place high need pupils within the borough, rather than in out-of-borough provision.

Alternative Options Considered and Rejected:

Failure to provide sufficient places for children with Special Education Needs and Disability (SEND) in the borough would result in additional costs for the Council through more expensive specialist placements.

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:

• provided the Cabinet with an overview of the proposed changes to the Children’s Social Care staffing structure and to provide the rationale for those proposed changes.
• provided the cost implications for the proposed structure which would ensure that matters were dealt with within budget for this financial year.
• sought Cabinet approval for the proposals and approach to be adopted.
• Ensured the recommended proposals provide roles for all permanent staff.

Reference was made to the springboard model, in relation to the Youth Offending Team and further detailed information would be provided to Cabinet Members in due course.

Decisions Made:

That

(1)      all the structural and staffing changes detailed in the report, including the development of the new service areas (subject to the necessary consultation with staff affected, Trade Unions and the application of existing policies and practices as they apply to employees), be approved;

(2)      any prioritisation in implementation be delegated to the Cabinet Member – Children, Schools and Families within the approved budget for the Service;

(3)      it be noted that the review of Market Supplements will be completed within 4 months of the structure (excluding phase 2) being implemented; and

(4)      the virement of £2.450m within the Children’s Social Care budget between the Placements and Packages budget to the Service’s staffing budget, be approved.

Reasons for the Decisions:

To put into place a structure and approach which provided better service delivery and outcomes to children, young people, and families in respect of Children’s Social Care and its Improvement Journey.

There were no redundancies, and the Council was creating jobs to support the service whilst also creating opportunities for staff in terms of resilience, stability, support, training, development, and advancement.

Alternative Options Considered and Rejected:

The current staffing arrangements could continue without implementing the recommended changes. However, this would have a detrimental impact on the quality and efficiency of the service delivery and outcomes to children, young people, and families. It would also prevent the Service’s improvement journey as opposed to the approach within this report.

The current structure was supported by additional posts which were currently filled by agency workers due to the posts not forming part of the substantive staffing structure. Continuation of these high-cost interim posts would create a pressure on current and future budgets for children services.

Report of the Assistant Director of Children's Services (Education)

The Cabinet considered the report of the Interim Assistant Director of Children’s Services (Education) indicating that the local authority continued to receive an increased demand for specialist placements for children requiring specialist SEN support due to a rise in the amount of Education, Health and Care Plans (EHCP’s) that had been issued.

Although the local authority had increased the number of in-house SEN places to support increased demand and reduce the number of children needing more expensive “Out of Borough” independent school placements, there were currently not enough specialist places to meet this continued increase in SEN need.

The current 2023 and proposed 2024/2025 High Needs capital programmes sought to ensure existing schools and High Needs provision could support existing and new SEND pupils and create additional places at some of its current specialist provisions.

An overview of the High Needs capital programme 2022/23 and proposed High Needs capital programme 2024 was attached to the report at Annex A

Officers and Partners were thanked for all their hard work on high needs provision.

Decisions Made:

That

(1)           the High Needs schemes already approved in the 2023/24 High Needs capital programme of works, as highlighted in Section 1 of Annex A to the report, be noted;

(2)           the new High Needs schemes with a total value of £0.700m, as identified in Section 4 of the report and highlighted in Section 2 of Annex A to the report, into the proposed 2024/25 High Needs Capital Programme following formal approval of the 2024/24 High Needs capital budget by the Council, be approved; and

(3)           the new uncommitted High Needs schemes with a total value of £1.330m, as identified in Section 4 of the report and highlighted in Section 2 of Annex A to the report, into the proposed 2024/25 High Needs Capital Programme pending formal approval of the 2024/25 High Needs capital budget by the Council, be approved.

Reasons for the Decisions:

Having regard to the Children and Families Act 2014, Special Educational Needs and Disability Regulations 2014 and the SEN Code of Practise the LA was under a legal duty to secure the provision listed in Section I of the EHCP. The Council was unable to argue that a school was “full” and had to show how it would impact on the other pupils currently in attendance.

The Council was responsible for providing the provisions in Section F of the ECHP.

Alternative Options Considered and Rejected:

The purchase of the additional external placements in Independent Schools would help support the increase in the number of students requiring places in specialist SEND settings. However, this option had been rejected due to the significant cost difference compared to in-house placements.

The consultation might lead to some changes. Any decisions that might affect changes to the proposals would be presented to the Cabinet Member - Children Schools and Families.

Report of the Assistant Director of Place (Highways and Public Protection)

Consideration of the report was deferred to enable further consultation with Ward Councillors to take place.

Report of the Assistant Director of Place (Highways and Public Protection)

Consideration of the report was deferred to enable further consultation with Ward Councillors to take place.

Report of the Chief Legal and Democratic Officer

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 2024/25, 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 show the proposed appointments for 2024/25 following the submission of nominations by the Political Groups on the Council. Appendix 1 to the report set out the proposed appointments for a 12-month period expiring in May 2025. Appendix 2 to the report set out proposed appointments for a period of over one year.

Decisions Made:

That:

(1)      the proposed representation on the various Outside Bodies for a twelve-month period expiring in May 2025 as set out in Appendix 1 to the report be approved, and the following Members be appointed to serve on the Outside Bodies indicated below for 2024/25: