Archived decisions

AT A MEETING of the CABINET of HAMPSHIRE COUNTY COUNCIL held at the Castle on 26 October 2009.

Chairman:

p Councillor T. K. Thornber, CBE

Councillors:

Also present with the agreement of the Chairman:

Councillors B.D. Dash; A.G. Dowden; P.R. Edgar; K. Evans; K. House; Mrs A.M. McNair Scott; Mrs M. Tucker and Mrs P.A. West.

38. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Colin Davidovitz.

39. DECLARATIONS OF INTEREST

Members were mindful that where they believed they had a personal or prejudicial interest in any matter considered at the meeting declared that interest at the time of the relevant debate and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, considered whether to leave the meeting whilst the matter was discussed, save for exercising any right to speak in accordance with paragraph 12 of the code.

40. CONFIRMATION OF MINUTES

The minutes of the meeting held on 28 September 2009 were confirmed as a correct record subject to noting that Councillor Keith House also attended the meeting. There were no matters arising.

41. CHAIRMAN'S ANNOUNCEMENTS

There were no announcements on this occasion.

42. COUNTY COUNCIL RESPONSE TO THE GOVERNMENT'S "SHAPING THE FUTURE OF CARE TOGETHER" GREEN PAPER CONSULTATION

Councillor Jonathan Glen declared a personal interest having given evidence to the Commission on Personalisation.

The Cabinet considered the report of the Director of Adult Services and County Treasurer (Item 5 in the Minute book) seeking approval of the proposed County Council response to the Government's consultation paper, which sets out the Government's vision for a new care and support system. The Director of Adult Services expanded on the report and drew the Cabinet's attention to a summarised version of the proposed County Council's response (Appendix C) as well as the full response (Appendix D). The Director of Adult Services also sought the Cabinet's agreement to add the text contained in paragraph 4.8 of Appendix D to the summary Appendix C to highlight the option of operating a "stop loss scheme."

The Cabinet expressed concern that the consultation paper could mislead those requiring care to believe that their entire care costs would be met. This is not the case and indeed, the paper is largely silent on the care and support issues facing people with learning and physical disabilities and mental health issues. The Cabinet strongly emphasised that they were firmly opposed to a national care service but were in favour of a national assessment arrangement and the portability this would provide.

In considering in detail the proposed County Council response (Appendix D), an addendum was moved by the Executive Member for Adult Social Care, seconded by the Leader in respect of paragraphs 2.4 and 2.5:

"2.4 The Green Paper proposes `joined up approaches' but does not give practical solutions. The Department of Health should give proper consideration to two solutions. These being that Local Authorities be given the Lead commissioning role for frail elderly services working closely alongside general practice to ensure that all community services are planned and delivered at a local level. This could be delivered through a Local Operating and Delivery framework that aligns national standards with local delivery and flexibility.

2.5 Alongside this the Department of Health should also consider whether it would be more effective if community health services were located within local authorities alongside social services responsibilities. It would promote an immediate step change in the level and quality of integration between health and social care and deliver increased efficiency and productivity for savings and reinvestment. This would be of particular benefit in relation to early intervention and prevention and reablement services. Early intervention and prevention in social care has been proven to deliver savings in the NHS, which could be achieved through a Local Operating and Delivery framework. It would also connect community health services through local democratic accountability ensuring they are driven both by national health outcomes and local needs and priorities."

The Cabinet agreed the response subject to the addition of the addendum moved to paragraphs 2.4 and 2.5 of Appendix D, some point of strengthening and a number of other contextual points which the Director of Adult Services would discuss with the Executive Member for Adult Social Care. The decision record is attached to these Minutes as Appendix 1.

43. UPDATE ON SWINE FLU ISSUES

The Cabinet received a verbal update from the Chief Executive (County Emergency Planning Officer) and the Director of Adult Services regarding the measures being taken by the County Council to respond to swine flu issues.

The County Emergency Planning Officer reported that on 20 October 2009 a significant increase in the number of reported infections had been confirmed for the whole of England, albeit the virus remains relatively mild in the majority of cases. A vaccination programme commenced on 26 October 2009 and doctors had been given lists prioritising the groups of people who should receive the vaccination.

In respect of the front line staff in Adults and Children's Services who should receive the vaccination, the County Council would not be charged for the vaccinations following negotiations with the NHS. The Tactical Management Group continues to meet monthly to consider weekly departmental reports. Currently a small number of staff were absent due to flu symptoms therefore services had not been impacted so far. In conclusion the Director of Adult Services and the County Emergency Planning Officer confirmed that close monitoring of the situation would continue and a further report would be made to the Cabinet at its next meeting on 23 November 2009. The situation would continue to be monitored closely with the proviso that any significant issues arising in the meantime will be reported to the Cabinet immediately.

44. PORT OF SOUTHAMPTON MASTER PLAN - CONSULTATION

The Cabinet considered the report of the Director of Environment (Item 7 in the Minute Book) seeking approval of the recommended approach and County Council response to the public consultation on the Port of Southampton Master Plan. The Director of Environment and the Executive Member for Environment expanded on the key points contained in the report and the proposed response.

During the course of a full discussion the Cabinet were mindful that the assumptions and calculations underlying the trade forecasts detailed in the Master Plan were not published and therefore could not be fully scrutinised. In order to reach a conclusion on the Master Plan proposals it was necessary to weigh up potential economic advantages that growth at the Port might bring against the significant environmental impacts of development. This is a particularly significant test of any development proposal in this area, given that the Dibden foreshore was designated as a Special Protection Area, a Ramsar site (wetland of international importance) and a Site of Special Scientific Interest. The Cabinet concluded that no compelling case had been made to change the stance previously adopted by the County Council and adopted by the Secretary of State following the Public Inquiry in 2002. The Cabinet also expressed strong concern about increased pressure on local settlements and the already strained infrastructure of the surrounding area including the A326 and communities such as Marchwood, Fawley, Totton and Hythe, as well as the wider strategic road network across Hampshire including the M27, M3 A34 and A36. In conclusion the Cabinet were of the view that the need for development at Dibden Bay had not been demonstrated at this stage and that the County Council should object to the draft Master Plan.

The Cabinet adopted the recommendations set out in the report together with a further resolution, proposed from the Chair, drawing attention to the unanimous agreement by the County Council at its meeting on 17 September 2009 that Dibden Bay be included within the New Forest National Park area as originally recommended by English Nature. The final response would be submitted to meet the deadline of 13 November 2009. The Cabinet also requested that the Director of Environment prepare a further report investigating potential economic prospects in relation to the short to medium term growth plans which would be contained within the existing Port area, for consideration at a future meeting. The substantive decision record is attached to these Minutes as Appendix 2.

45. COMMUNITY INFRASTRUCTURE LEVY - CONSULTATION

The Cabinet considered the report of the Director of Environment (Item 8 in the Minute book) seeking approval of the recommended response to the Government's proposals for the implementation of Community Infrastructure Levy (CIL).

During the course of a detailed discussion, the Cabinet expressed strong concern that CIL presents an ill considered approach which leaves many questions unanswered. Of particular concern was the fact that CIL would also apply to public service developments such as the building of a new school and that the County Council, as an upper-tier authority, would not be able to charge CIL. It would instead need to rely on engaging with the districts to firstly make the case for infrastructure provided by the Council. This would inevitably lead to the loss of co-ordination across the County Council which is achieved through the critical engagement and control that the County Council currently exercises through the S106 planning obligations process. This would reduce the certainty of delivery of important projects.

In conclusion therefore the Cabinet adopted the recommendations set out in the report. The decision record is attached to these Minutes as Appendix 3.

46. INTERIM ARRANGEMENTS TO SUPPORT THE COUNCILLOR
CALL FOR ACTION - DRAFT PROTOCOL

The Cabinet considered the report of the Chief Executive (Corporate Scrutiny Manager) (Item 9 in the Minute book) providing Members with information and guidance about the `Councillor Call for Action' (CCfA) and seeking approval of a proposed protocol for handling CCfAs. The Corporate Scrutiny Manager highlighted the key points contained in the report and confirmed that as requested by the Cabinet when it last considered the report, the protocol had been streamlined as had the chart at Appendix 2 to provide a Guide for the Member making the referral and for the Select Committee Chairman to whose Committee the matter had been referred.

During the course of discussion the Cabinet sought clarification in respect of specific points and expressed concern that the "Relevant Partner Authorities List" (Appendix 1) which is enshrined in law, had disappointingly overlooked organisations such as the Highways Agency. The Cabinet noted the point that that all other avenues to resolve the matter would need to have been exhausted before a Councillor could raise a CCfA and that it does not affect the existing decision making responsibilities and management arrangements of the County Council.

The Cabinet adopted the recommendations set out in the report. The
decision record is attached to these Minutes as Appendix 4.

47. MEDIUM TERM FINANCIAL AND EFFICIENCY STRATEGY 2009/10 TO 2011/12

The Cabinet considered the report of the County Treasurer (Item 10 in the Minute book) regarding the County Council's medium term financial and efficiency strategy for the period 2009/10 to 2011/12, aimed at mitigating the effects of the expected reduction in Government grant. The County Treasurer circulated a summary of the key points particularly emphasising the position in respect of efficiency savings and the implications for the County Council.

During the course of a detailed discussion the Cabinet emphasised the importance of safeguarding the future of local services such as care for the elderly and the safeguarding of vulnerable adults and children whilst giving best value for money at the least cost to council taxpayers. They were pleased to note that due to previous action taken by them the position was relatively stable for 2010/11. However, there was no room for complacency and the importance of putting this time to good use to plan ahead for the undoubted challenges that 2011/12 will bring would be very important. In terms of the recession, the Cabinet also recognised that there were some small advantages to be gained, particularly in respect of extra care housing which was coming on line quicker and at slightly better prices. The Cabinet also noted that the work of the Efficiency Panel to look at providing more for less during the present economic climate was underway.

The Cabinet adopted the recommendations set out in the report. The
decision record is attached to these Minutes as Appendix 5.

48. RESPONSIBILITY FOR EXECUTIVE FUNCTIONS

The Cabinet received the verbal report of the Chief Executive regarding responsibility for Executive functions. The Chief Executive confirmed the latest position in respect of a number of matters namely:

o the investigation into the unauthorised disclosure of exempt County Council information - a report would be considered by the Standards Committee on 30 October detailing the outcomes of the investigation by the Monitoring Officer


o the wider review of exempt/confidential information including
how it is handled and who is entitled to receive the information

and


o progress with the review of the Constitution

The Cabinet noted that the in respect of the last two bullet points above, a report was currently being prepared for their consideration.

Lastly, the Chief Executive reported that a meeting of the Independent Remuneration Panel would be convened to make its recommendations in respect of a Members' Allowances Scheme for 2010/11.