Venue: Committee Room A - County Hall, Llandrindod Wells, Powys. View directions
Contact: Stephen Boyd 01597 826374
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Apologies To receive apologies for absence. Minutes: Apologies for absence were receive from County Councillor RG Brown and from County Councillor RG Thomas who had wanted to speak as a local member on the Llanfyllin High School report but who was unwell.
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To authorise the Chair to sign the minutes of the last meeting held as a correct record. Minutes: The Leader was authorised to sign the minutes of the last meeting held on 24th May 2016 as a correct record.
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Declarations of Interest To receive any declarations of interest from Members relating to items to be considered on the agenda. Minutes: County Councillors EA Jones and AW Davies declared personal and prejudicial interests in the reports on Llanfyllin High School as they had relatives working at the school.
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Exempt Items The Monitoring Officer has determined that category 5 of the Access to Information Procedure Rules applies to the following item. His view on the public interest test (having taken account of the provisions of Rule 11.8 of the Council's Access to Information Rules) was that to make this information public would disclose information relating to
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
These factors in his view outweigh the public interest in disclosing this information. Members are asked to consider these factors when determining the public interest test, which they must decide when considering excluding the public from this part of the meeting.
Minutes: The Leader advised that the following report on Llanfyllin High School was not confidential so there was no need to pass a resolution to exclude the public.
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Llanfyllin High School's Use of Delegated Funds for Transport PDF 142 KB To consider a report on Llanfyllin High School’s use of delegated funds for transport. Minutes: County Councillors EA Jones and AW Davies left the meeting whilst this and the following item was being considered having declared personal and prejudicial interests.
The Portfolio Holder for Finance explained that the Leader, the two Deputy Leaders and senior officers had met the Governors of Llanfyllin High School to discuss the issue of the school’s non-compliance with council policy on the use of delegated budget to subsidise home to school transport. The school accepted it must comply with council policy and cease subsidising out of catchment transport from its delegated schools budget.
The Portfolio Holder pointed out that in Section 1.4 of the report there was an inaccuracy and the 16 pupils referred to were not being transported on a full cost recovery basis and were in effect also receiving subsidised transport. As a result they will now have to be included in the proposals contained within the report.
The Portfolio Holder for Finance explained that that having reflected upon the representations made on the impact on pupils he was recommending a two year transition period from September 2016 so that the school would be fully compliant by September 2018. This would be based on the implementation of a charging structure that uses the council’s vacant seats charges scheme. The Portfolio Holder noted that, in accordance with the vacant seat charges scheme, pupils in receipt of free school meals would not have to pay. In making this recommendation, the Portfolio Holder for Finance acknowledged that many Councillors and schools were likely to be unhappy that Llanfyllin High School were being given two years in which to comply. However, on balance, he felt that a two year transition would minimise the impact on pupils and parents particularly in those year groups taking, or about to take, their GCSEs and A Levels, whilst ensuring the overall integrity of Regulation 5.2.
County Councillors Peter Lewis and Darren Mayor spoke as local members and asked the Cabinet to support the recommendations.
County Councillor Sandra Davies Leader of the Labour group and County Councillor John Morris Leader of the Liberal Democrat group indicated their unhappiness at the recommendation. As Chair of the Audit Committee, Councillor Morris said that he would have expected, along with the Chair of the People Scrutiny Committee, to have had earlier sight of the report and for his views to have been sought. The Portfolio Holder noted Councillor Morris’ comments but explained that he wanted the report to come to Cabinet at the earliest opportunity to give certainty to parents and pupils.
Cabinet sought and received from the Monitoring Officer an assurance that it was legal for the Council to allow a two year transition period. The Section 151 Officer confirmed that he was content with the proposal and that he had kept Wales Audit Office fully informed. The Leader and Cabinet members expressed reservations about allowing a two year transition but accepted that pupils and parents were not to blame and, therefore, on balance were prepared to support the ... view the full minutes text for item C106- 2016 |
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Consideration of the Jonathan Walters Home to School Transport Investigation on behalf of Powys County Council & the Governing Body of Llanfyllin High School
To consider the report of the Solicitor to the Council. Additional documents:
Minutes: RESOLVED to exclude the public for the following items of business on the grounds that there would be disclosure to them of exempt information under category 5 of The Local Authorities (Access to Information) (Variation) (Wales) Order 2007).
Cabinet considered the confidential report of the Solicitor to the Council and the report of Jonathan Walters. The Solicitor to the Council explained that the general dispensation for LA appointed governors did not apply in all circumstances. County Councillors Peter Lewis and Darren Mayor declared interests and left the meeting. The Leader sought advice from the Solicitor to the Council on the position of Cabinet members named in the report and was advised that as they had been exonerated they did not have interests.
Having deliberated on the report by Jonathan Walters, and noting the findings that the County Councillors who were LA appointed governors had knowingly carried on using the delegated budget to fund school transport in breach of Council policy and that the then Portfolio Holder for Education had known this but failed to take any action, the Cabinet considered that there had been potential breaches of the Code of Conduct by these members.
County Councillors EA Jones and AW Davies returned to the meeting.
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Brecon High School - Financial Management To consider a report by County Councillor Arwel Jones, Portfolio Holder for Education and County Councillor Wynne Jones, Portfolio Holder for Finance. Minutes: This report was withdrawn. |
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Financial Outturn for the Year Ended 31st March 2016 PDF 244 KB To receive and consider a report by County Councillor Wynne Jones, Portfolio Holder for Finance. Minutes: Cabinet considered the financial outturn report for the year ended 31st March 2016. The Portfolio Holder for Finance explained that although there had been a £1.965m surplus on the budget, there had been a £3.052m shortfall on the savings achieved, 76% of the target. The surplus had only been achieved by two accounting changes, the capitalisation of redundancy charges and the change to Minimum Revenue Provision, both of which were one off savings which did not reduce the base budget. The Portfolio Holder for Finance explained that the shortfall in savings would be added to the £10m savings to be found in 2016/17 and he stressed to Cabinet colleagues the need to achieve savings. He also drew attention to the position of schools delegated budgets, with 4 secondary schools in deficit but 7 projected to go into deficit. The Portfolio Holder acknowledged the challenge of making savings but pointed out that £55m savings had already been delivered and services had continued to be delivered. He didn’t accept that the Cabinet’s approach was to salami slice services, rather it sought to implement the budget strategy agreed by Council to find alternative ways of delivering services rather than stop them.
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Annual Council Reporting Framework PDF 74 KB To receive and consider the Annual Council Reporting Framework report from the Director of Social Services. Additional documents: Minutes: The Strategic Director – People presented her annual report as statutory Director of Social Services.
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Corporate Improvement Plan 2016 -19 PDF 250 KB To receive and consider the Corporate Improvement Plan. Additional documents: Minutes: Cabinet considered the Corporate Improvement Plan 2016 – 2019.
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Local Development Plan Working Group To appoint a Montgomeryshire member of the Cabinet to serve on the Local Development Plan Working Group. Minutes: RESOLVED that County Councillor WT Jones be appointed to the Local Development Plan Working Group.
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Correspondence To receive such correspondence as in the opinion of the Leader is of such urgency as to warrant consideration. Minutes: There were no items of correspondence reported.
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Delegated Decisions Taken Since the Last Meeting PDF 55 KB To note the delegated decisions taken since the last meeting. Minutes: Cabinet received a list of delegated decisions taken since the last meeting.
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Forward Work Programme PDF 62 KB To consider the Cabinet forward work programme. Minutes: The Leader explained that he had discussed the Cabinet forward work programme with the Joint Chairs. The importance of keeping the programme up to date had been stressed as the Scrutiny Committees used it to plan their work. The Leader wanted a record of when reports slipped in the programme or were removed. Management Team would be considering a protocol on the timescales for producing reports.
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Exempt Items The Monitoring Officer has determined that category 3 of the Access to Information Procedure Rules applies to the following items. His view on the public interest test (having taken account of the provisions of Rule 11.8 of the Council's Access to Information Rules) was that to make this information public would disclose information relating to the financial or business affairs of any particular person (including the authority holding that information).
These factors in his view outweigh the public interest in disclosing this information. Members are asked to consider these factors when determining the public interest test, which they must decide when considering excluding the public from this part of the meeting.
Minutes: RESOLVED to exclude the public for the following items of business on the grounds that there would be disclosure to them of exempt information under category 3 of The Local Authorities (Access to Information) (Variation) (Wales) Order 2007).
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Learning Disabilities Day and Employment Project- Phase 2 Options Appraisal Report To receive and consider a report by County Councillor Stephen Hayes, Portfolio Holder for Adult Social Care. Additional documents:
Minutes:
Cabinet considered options for Learning Disability day services in the south of the county following a consultation exercise conducted in February and March.
The preferred option was for a mixed service model with different solutions for different areas which would deliver savings whilst retaining services
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Extension of Residual Waste Contract To consider a report by County Councillor John Powell, Portfolio Holder for Environment and Sustainability. Minutes: Cabinet considered the extension of the residual waste contract with the existing contractor. This would deliver £160,000 savings against the target of £250,000 set in the Medium Term Financial Strategy. The shortfall of £90,000 would be met from the revenue growth provided for the HTR service as part of the budget setting strategy.
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