Agenda and draft minutes

Apologies for absence were received from Councillors Harvey and Howard.

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 6 March 2025

Decision Made:

That the Minutes of the meeting held on 6 March 2025 be confirmed as a correct record.

Report of the Executive Director - Adult Social Care, Health and Wellbeing (Place Director)

The Cabinet considered the report of the Executive Director - Adult Social Care, Health and Wellbeing (Place Director) seeking authority to undertake the re-commissioning and procurement for Supported Living Services across Sefton.

Decisions Made:

That

(1)      the strategic joint commissioning approach with regards to the care and support contracts for Supported Living (SL), which includes provision for people with Learning Disabilities, Autism, Mental Health and or Physical Disabilities, be approved;

(2)      the commencement of a procurement process in line with Public Procurement legislation be approved and delegated authority be granted to the Executive Director - Adult Social Care, Health and Wellbeing (Place Director), in consultation with the Cabinet Member – Adult Social Care and Health, if applicable, for the re-opening of the purchasing system from time to time;

(3)      throughout the life of the new commissioning and procurement arrangements established, delegated authority be granted to the Executive Director - Adult Social Care, Health and Wellbeing (Place Director), in consultation with the Cabinet Member – Adult Social Care and Health, to make decisions on the award of contracts, the contracting models, contract terms and conditions, service specifications and extension periods; and

(4)      the Executive Director - Adult Social Care, Health and Wellbeing (Place Director), in consultation with the Cabinet Member - Adult Social Care and Health, be granted approval to seek to explore integrated budget arrangements under their authority and then in line with ICB governance / approval arrangements; the current approved gross Council budget for supported living in Sefton being £33.3m and the current ICB budget being based on packages and activity.

Reasons for the Decisions:

The recommissioning of Supported Living would ensure that there was greater control of the market, clearer expectations of Key Performance Indicators (KPI’s) and outcomes to be achieved and a greater focus on commissioning quality services.

Alternative Options Considered and Rejected:

Maintaining the status quo – This was not considered a viable option due to identification of the need to establish new commissioning and contractual arrangements in Sefton for the Supported Living sector that would improve outcomes for individuals accessing these services whilst achieving system wide efficiencies.

Report of the Director of Public Health

The Cabinet considered the report of the Director of Public Health seeking approval for the following:

1.       To undertake a tender exercise to re-procure the Integrated Sexual Health Service (ISHS) via the competitive process of the Health Care Services Provider Selection Regime (PSR) Regulations 2023. The current contract was due to expire on 31 March 2026. Public Health intended to commission the service for a core contract period of 4 years with the option to extend for a further 3 x 12-month periods, subject to satisfactory on-going performance and value for money being evidenced.

2.       To grant delegated authority for the Director of Public Health, in consultation with the Cabinet Member – Public Health and Wellbeing, to award the contract and to authorise and execute extensions to the contract within the terms of the award.

The following appendix was attached to the report:

·       Sexual Health Equality Impact Assessment.

Decisions Made:

That

(1)      the Director of Public Health be authorised to undertake a competitive tender exercise under the PSR 2023 Regulations for the ISHS to run for a period of 4 years from 1 April 2026, with the option of 3 further 12-month extensions, subject to satisfactory ongoing performance and value for money being evidenced;

(2)      the Director of Public Health in consultation with the Cabinet Member – Public Health and Wellbeing, be authorised to award the contract to the successful tenderer following the completion of the above tender exercise; and

(3)      the Director of Public Health in consultation with the Cabinet Member – Public Health and Wellbeing, be authorised to execute any extension options within the terms of the award.

Reasons for the Decisions:

1.       The current contract will expire on 31st March 2026.

2.       Following the Trust merger, ongoing internal governance changes within the Trust had meant that the incumbent provider was currently unable to proceed via a PSR direct award process and had requested the Council to proceed via a competitive tender process.

3.       Local authorities were nationally mandated under the Health and Social Care Act 2012 to commission sexual health services. Re-procurement of the ISHS was required to ensure ongoing continuity of sexual healthcare in Sefton.

Alternative Options Considered and Rejected:

1.       Direct Award Process A – the Council did not consider the existing provider to be the only capable provider, and the Council was not concluding a framework agreement. Therefore, Direct Award Process A was not appropriate.

2.       Direct Award Process B – it was not a contracting arrangement where people had a choice of providers nor where the number of providers were restricted by the Authority. Therefore, Direct Award Process B was not appropriate.

3.       Direct Award Process C – the incumbent Trust had confirmed they were currently unable to consider a direct award via Direct Award Process C, therefore, Direct Award Process C was not appropriate.

4.       Most suitable provider process – where the relevant authority was able to identify the most suitable provider this option might be considered without running a completive process.  ...  view the full minutes text for item 124.

Report of the Executive Director – Regeneration, Economy and Assets

Further to Minute No. 89 of 7 December 2023, the Cabinet considered the report of the Executive Director – Regeneration, Economy and Assets that provided an update on the progress and delivery of new homes as part of the Phase 1 Business Plan for Sandway Homes Limited and followed on from the revised Business Plan approved by the Cabinet in December 2023.

Decisions Made:

That

(1)      the updated position of the Phase 1 Business Plan previously approved by the Cabinet be noted; and

(2)      the amendment to the company articles, as outlined at paragraph 3.6 of the report, be approved.

Reasons for the Decisions:

The homes that Sandway was developing in the Borough would increase housing completions and the availability of choice for residents and those wishing to live in Sefton.

Alternative Options Considered and Rejected:

Other than rejection of the proposal, there were no alternative options for Members to consider.

Report of the Executive Director – Operations and Partnerships

The Cabinet considered the report of the Executive Director – Operations and Partnerships providing details of the Zero Tolerance Policy and supporting documents for information and approval.

The following appendices were attached to the report:

·       Zero Tolerance Policy

·       Zero Tolerance Guidance: Racial Abuse and Discrimination towards Staff

·       Manager Guidance

·       Elected Members’ Guidance

Cabinet Members thanked officers for their work on the Policy, particularly the report author.

Decision Made:

That the Zero Tolerance Policy be approved.

Reasons for the Decision:

The Zero Tolerance Policy had been created as a whole-Council message regarding any form of abusive or discriminatory behaviour and also as a guide for employees and elected Members who might experience this whilst carrying out their duties.

Alternative Options Considered and Rejected:

Not to approve a Zero Tolerance Policy. This option was rejected because employees and elected Members were entitled to support in the workplace, particularly around their protected characteristics.

Report of the Assistant Director - Economic Growth and Housing

The Cabinet considered the report of the Assistant Director - Economic Growth and Housing indicating that furniture poverty was a widely recognised issue across the country and was known to impact the physical and mental health of tenants as well as playing a key role in tenancy sustainment. Furniture poverty affected people on lower incomes, who were living without the access or means to purchase essential items of furniture or floor and window coverings. By providing furnished tenancies to those in need of financial support and those who were most at risk of failing a tenancy, the scheme could help people to live more comfortably, alleviate financial pressures and reduce problematic debt or high-cost lending, enabling tenants to feel more settled and invested in their homes, leading to longer, more successful tenancies. With the current and ongoing cost of living pressures, this was of particular relevance to future prospective tenants of Council homes. The report detailed the proposal to introduce a furnished tenancy scheme to provide essential furniture items to be provided by a third-party supplier. The scheme was designed to provide an enhanced tenancy for tenants of the Council’s homes which would be optional and flexible to meet needs of individual tenants, subject to meeting eligibility and affordability assessment.

Cabinet Members commented on the significance of recognising furniture poverty.

Decisions Made:

That

(1)      the proposal to introduce a furnished tenancy scheme for furniture via a third-party supplier to be procured and appointed through the Northern Housing Consortium Framework Agreement for Furniture Services, be approved;

(2)      the scheme be evaluated after 12 months to establish take-up, financial viability, opportunity for expansion, delivery model and risk, and it be noted that this will be reported to the Council’s Housing Advisory Board; and

(3)      following the evaluation detailed in recommendation (2) above, any future decision to widen the proposed furnished tenancy scheme be delegated to the Assistant Director - Economic Growth and Housing, in consultation with the Cabinet Member - Housing and Highways, subject to any budget requirement being approved in accordance with the Council’s Financial Procedure Rules.

Reasons for the Decisions:

There were a range of benefits attributed to providing furnished tenancies recognised to both tenants and to the social housing landlord.

Alternative Options Considered and Rejected:

Option 1 – Do nothing and make no provision for a furnished tenancy opportunity. Tenants moving into new council tenancies would face the same and existing pressures that they currently face.

Option 2 – Provide a furniture service directly. This would involve upfront capital cost to cover the purchase of furniture items, might reduce flexibility to tenants, would place liability on the Council to repair and maintain furniture items including coordinating delivery, installation, asset management, warranty claims, repairs, replacement and potential future storing and/or disposing of items.

Option 3 – Provide floor and window coverings and gift to tenants. Whilst this option would remove the liability of repairs and maintenance, it was also not considered financially viable at the present time given the  ...  view the full minutes text for item 127.

Report of the Assistant Director – Highways and Public Protection

Further to Minute No. 103 of 4 January 2024, the Cabinet considered the report of the Assistant Director – Highways and Public Protection seeking approval to appoint Balfour Beatty under the Scape Framework to provide Early Contract Involvement in the development of the works information for the second Phase of the Maritime Corridor Scheme, with a view to a further appointment to deliver the works. The Maritime Corridor Scheme sought to deliver measures in the south of the Borough to improve access for all highway users to employment sites. The Scape Framework allowed a contractor to be appointed during the scheme design and development stage. For this commission, Balfour Beatty would revise the previously completed Feasibility Report at no cost, followed by an Early Contractor Involvement stage during which a Target Cost was established and other pre-construction activities undertaken leading to a Contract to deliver the works. Balfour Beatty had been appointed to deliver Phase 1 of the works under the same framework. Council approval was required for additional sums in the Capital Programme over £1m in value. The second Phase of the Maritime Corridor Scheme was expected to cost approximately £12.15m and a Grant Funding Agreement had been received for this amount. The report also sought approval for the signing for the Grant Funding Agreement for Phase 2 and a recommendation that the funding was brought within the Council’s Transport Capital Programme.

Cabinet Members raised the following issues:

·       The strong social value commitment across the scheme, particularly with regard to the impact on young people, and how this was conveyed to the wider community.

·       Consultation on Phase 2 of the Scheme with elected Members and the wider community.

·       The provision of newsletters on the Scheme to Cabinet and Ward Members.

Decisions Made:

That

(1)      the Council be recommended to approve a supplementary capital estimate for £12.15m externally funded using the City Region Sustainable Transport Settlement (CRSTS) from the Liverpool City Region Combined Authority (LCRCA) for the delivery of Maritime Corridor Phase 2, pending the signing of a grant funding agreement from the LCRCA;

(2)      the appointment of Balfour Beatty under the Scape Framework to update the previously developed Feasibility Report to focus on the delivery of Maritime Corridor Scheme Phase 2 at no cost to the Council, be approved;

(3)      delegated authority be granted to the Chief Legal and Democratic Officer, following consultation with Cabinet Member - Housing and Highways, to sign the Grant Funding Agreement to cover the costs for the delivery of Maritime Corridor Phase 2;

(4)      delegated authority be granted to the Assistant Director - Highways and Public Protection, following consultation with the Cabinet Member - Housing and Highways, to award the Contract for Early Contractor Involvement (ECI) in the construction of Maritime Corridor Phase 2 works to Balfour Beatty; and

(5)      delegated authority be granted to the Assistant Director - Highways and Public Protection, following consultation with the Cabinet Member - Housing and Highways, to award the Contract for the construction of Maritime Corridor Phase  ...  view the full minutes text for item 128.

Report of the Assistant Director – Highways and Public Protection

Further to Minute No. 102 of 4 January 2024, the Cabinet considered the report of the Assistant Director – Highways and Public Protection seeking approval to appoint Balfour Beatty, under the Scape Framework. to provide Early Contract Involvement in the development of the works information for Phase 2 of the Southport Eastern Access scheme with a view to a further appointment to deliver the works. The Southport Eastern Access scheme sought to deliver highway improvement measures at a series of junctions and links on the eastern approaches to Southport to improve access and safety for all road users to the town centre from the east. The Scape Framework allowed a contractor to be appointed during the scheme design and development stage. For this commission, Balfour Beatty would revise the previously completed Feasibility Report at no cost, followed by an Early Contractor Involvement stage during which a Target Cost was established and other pre-construction activities undertaken leading to a Contract to deliver the works. Balfour Beatty had been appointed to deliver Phase 1 of the works under the same framework.

Cabinet Members commented on the positive impact of the scheme on local employers.

Decisions Made:

That

(1)      the appointment of Balfour Beatty under the Scape Framework to update the previously developed Feasibility Report to focus on the delivery of the Southport Eastern Access Scheme Phase 2 at no cost to the Council, be approved;

(2)      authority be delegated to the Assistant Director -Highways and Public Protection, following consultation with the Cabinet Member – Housing and Highways, to award the Contract for Early Contractor Involvement (ECI) in the construction of Southport Eastern Access Phase 2 works to Balfour Beatty, subject to the Feasibility Input; and

(3)      authority be delegated to the Assistant Director -Highways and Public Protection, following consultation with the Cabinet Member – Housing and Highways, to award the Contract for the construction of Southport Eastern Access Phase 2 works to Balfour Beatty, subject to the Feasibility Input and ECI (above) referred to above.

Reasons for the Decisions:

With the Procurement Strategy adopted for Phase 1 having delivered strong outcomes and Balfour Beatty having a good knowledge of the works through both their engagement on Phase 1 and the Feasibility exercise, it was strongly recommended that they were appointed to deliver Phase 2, subject to successful  appraisal at the various stages.

Alternative Options Considered and Rejected:

The works could be delivered using a tendering process. This would introduce some further competition into the procurement process. However, the project planning would not have the benefit of contractor input until following the award of the contract for the works, thus increasing the risk of delay and claims. There was also the risk that contractors might choose not to tender due to current workloads. The tender appraisal process would also shorten the time available for construction and therefore increase the risk of the funds not being expended by the deadline.

Report of the Executive Director - Corporate Services and Commercial?

The Cabinet considered the report of the Executive Director - Corporate Services and Commercial that detailed the background to the Council’s current Corporate Internet and Wide Area Network connectivity contract, providing details of the current set up and also the proposed changes to the delivery model. The report also detailed the associated procurement route required to make this change.

Decisions Made:

That

(1)      the Executive Director - Corporate Services and Commercial be authorised to conduct a procurement exercise for a new corporate internet and wide area network provision for a period of 5 years, with the option to extend for a further two periods of 12 months; and

(2)      the Executive Director - Corporate Services and Commercial, in consultation with the Cabinet Member - Corporate Services, be granted delegated authority to award a Contract resulting from the procurement exercise and any extension to the contract.

Reasons for the Decisions:

The current WAN contract would end on 8 December 2026. In the event that the recommendations contained within the report were accepted and approved, the next steps would be to begin a procurement exercise (further competition) under the Crown Commercial Services Framework RM6116 Network Services 3. The proposed term of a new contract would be for an initial period of 5 years, followed by two optional 12-month extension periods.

Alternative Options Considered and Rejected:

A direct award route for a new contract could have been explored by the Council. However, given that the Council was seeking to change its network model (namely to SD-WAN), it was more appropriate to run a competition-based procurement. Running a further competition and inviting suppliers to tender should also ensure that the market was tested and value for money was ensured.

Report of the Executive Director - Corporate Services and Commercial

The Cabinet considered the report of the Executive Director - Corporate Services and Commercial that provided assurance on the progress made to implement the Council’s Health and Safety policy during 2023/24.

The following appendix was attached to the report:

·       Annual Health and Safety report for 2023/24

Cabinet Members commented on the importance of health and safety for all Council employees and sufficient staffing levels to ensure compliance across the organisation.

Decision Made:

That the progress on implementing the Council’s Corporate Health and Safety Policy during 2023/24 be noted.

Reasons for the Decision:

The annual report provided assurance to the Cabinet, which had strategic responsibility for employee health and safety, that there was continued progress to implement and enhance an effective health and safety system across the Council.

Alternative Options Considered and Rejected:

None.

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.

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 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.

To comply with Regulation 5(2) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, notice had 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 and 6a 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.

Exempt appendix of the Executive Director – Operations and Partnerships

The Cabinet considered exempt information provided by the Executive Director – Operations and Partnerships in relation to the Procurement of Fully Integrated Community Domestic Abuse Service (Minute No. 135 below refers).

Decision Made:

That the exempt information be considered as part of the report in relation to Procurement of Fully Integrated Community Domestic Abuse Service (Minute No. 135 below refers).

Reasons for the Decision:

The exempt information is required to be considered with the information in the public domain 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 – Operations and Partnerships

The Cabinet considered the report of the Executive Director – Operations and Partnerships indicating that the Council was seeking to procure a fully Integrated Domestic Abuse Service (IDAS) from 2025 for a minimum of 3 years. The service would provide holistic support to victims and families of domestic abuse, irrespective of protected characteristic or risk level. The service would provide therapeutic counselling to those who required it to build resilience and aid recovery from the long-term effects of domestic abuse. The service would address several of the priorities outlined in the action plan accompanying the Domestic and Sexual Abuse Strategy 2023-2028.

The following appendices were attached to the report:

·       Appendix 1 – Equality Impact Assessment

·       Appendix 2 – Financial and Commercially Sensitive Information

Decisions Made:

That

(1)      the Assistant Director - Communities be authorised to conduct a procurement exercise for a fully Integrated Domestic Abuse Service, with a view to entering a Contract/Contracts for a minimum period of 3 years, plus 2 optional years (1+1); and

(2)      the Assistant Director - Communities, in consultation with the Cabinet Member - Communities and Partnership Engagement, be granted delegated authority to award the Contract/Contracts resulting from the procurement and to award any extension thereof following a review of the original award.

Reasons for the Decisions:

The IDAS would provide holistic support to the victims and families of domestic abuse, irrespective of protected characteristic or risk level. The integrated service model would underpin the Domestic and Sexual Abuse Strategy 2023-2028 and would address key priorities outlined within the action plan.

Alternative Options Considered and Rejected:

Consideration had been given as to how to secure the various elements of the contract, and it was intended that this approach aimed to commission a focused community offer to join up the system which was currently disjointed. Domestic abuse service provision in Sefton had evolved historically and it was important that each element worked effectively together to provide the best outcome for service users. The report proposed the procurement of a victim focused Integrated Community Domestic Abuse service that operated on a network approach through effective collaboration across the system.

The Chair reported that this would be the final Cabinet meeting for Stephan Van Arendsen, Executive Director – Corporate Services and Commercial, as he would be leaving the Council. On behalf of the Cabinet and all elected Members, the Chair thanked Mr. Van Arendsen for his dedicated service to Sefton and wished him well for the future.