Agenda and minutes

Venue: County Hall, Morpeth

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies were received from Councillor A. Watson.

2.

MINUTES pdf icon PDF 310 KB

Minutes of the meeting of County Council held on Wednesday 5 January 2022 as circulated, to be confirmed as a true record, signed by the Business Chair and sealed with the Common Seal of the Council

Minutes:

Councillor Dickinson referred to Minute No. 72(iii) on page 32. He did not agree that members had confirmed they were happy to defer the remaining items on the agenda. The meeting had been closed by the Business Chair abruptly and not in a constitutionally correct way. The Business Chair did not agree that this had been the case.

 

Councillor Grimshaw asked for a named vote on the accuracy of the minutes. This was supported by the required number of members and the votes were cast as follows:-

 

FOR: 32:-

 

Bawn, D.

Jackson, P.A.

Beynon, J.

Jones, V.

Carr, D.

Mather, M.

Castle, G.

Oliver, N.

Cessford, T.

Pattison, W.

Daley, W.

Plozsaj, W.

Darwin, L.

Reid, J.

Dodd, R.

Renner-Thompson, G.

Dunbar, C.

Riddle, J.

Ezhilchelvan, P.

Sanderson, H.G.H.

Fairless-Aitken, S.

Seymour, C.

Flux, B.

Sharp, A.

Hardy, C.

Stewart, G.

Humphrey, C.

Thorne, T.N.

Hunter, E.I.

Towns, D.

Hutchinson, J.I.

Wearmouth, R.

 

AGAINST: 23:-

Ball, C.

Murphy, M.

Bowman, L.

Nisbet, K.

Cartie, E.

Parry, K.

Clark, T.

Purvis, M.

Dickinson, S.

Richardson, M.

Dunn, L.

Scott, A.

Foster, J.

Simpson, E.

Gallacher, B.

Swinbank, M.

Grimshaw, L.

Taylor, C.

Hill, G.

Waddell, H.

Lang, J.

Wilczek, R.

Morphet, N.

 

 

ABTENTIONS: 10:-

Bridgett, S.

Lee, S.

Dale, A.

Robinson, M.

Ferguson, D.

Swinburn, M.

Horncastle, C.W.

Wallace, A.

Kennedy, D.

Watson, J.

 

Councillor Wallace asked that his apologies be added, as they had been submitted for the meeting.

 

Councillor Hill referred to the ability to move a motion without notice as set out in Part 5 (11) of the Constitution. She then drew members’ attention to Part 2 Article 5 and the role and function of the Business Chair, which was to preside impartially over meetings of the Council so that its business could be carried out efficiently. At the last meeting, this had not been the case and it was important that when members were deciding on a multi-million pound budget, that there was proper order and impartiality. She sought assurances from the Business Chair that he would chair the meeting in an impartial way otherwise the meeting would have to elect another chair. The Business Chair replied that he would chair the meeting in an impartial way and would argue that he had always done that.

 

It was therefore RESOLVED that the minutes be confirmed as a true record, signed by the Business Chair and sealed with the Common Seal of the Council, subject to the inclusion of Councillor Wallace’s apologies.

3.

DISCLOSURE OF MEMBERS' INTERESTS

Unless already entered in the Council’s Register of Members’ interests, members are required to disclose any personal interest (which includes any disclosable pecuniary interest) they may have in any of the items included on the agenda for the meeting in accordance with the Code of Conduct adopted by the Council on 4 July 2012, and are reminded that if they have any personal interests of a prejudicial nature (as defined under paragraph 17 of the Code Conduct) they must not participate in any discussion or vote on the matter and must leave the room

NB Any member needing clarification must contact monitoringofficer@northumberland.gov.uk. Please refer to the guidance on disclosures at the rear of this agenda letter.

Minutes:

The Leader declared an interest in respect of item 10(1) on the agenda as he had a family member who was employed by the Council.

 

Councillor Jones made the same declaration, which was recorded in her register.

 

The Chief Executive declared that she had been advised by the Monitoring Officer that she had a personal interest in item 11 on the agenda and would withdraw from the meeting whilst it was discussed.

4.

ANNOUNCEMENTS by the Business Chair, Leader or Head of Paid Service.

Minutes:

The Business Chair referred to the recent death of Councillor Paul Scott and asked members to stand for a minute’s silence in his memory.

Councillor Hutchinson reminded members about his Black Tie Charity Event, for Motor Neurone at Linden Hall on 8 April. Tickets were £35 each, contact Susan Taylor for further information. 

The Business Chair advised that he was moving items 6-8 on the agenda to the end.

5.

CORRESPONDENCE (if any) to date of meeting

6.

REPORT OF THE DEPUTY LEADER pdf icon PDF 372 KB

Budget Consultation Report 2022-23

 

This report provides a summary of results of the budget consultation undertaken between 10th December 2021 and 21st January 2022.  The budget consultation helps to inform the Council’s Budget and Medium-Term Financial Plan

Minutes:

Budget Consultation Report 2022-23

 

The report provided a summary of results of the budget consultation undertaken between 10th December 2021 and 21st January 2022.  The budget consultation helped to inform the Council’s Budget and Medium-Term Financial Plan.  This was introduced by Councillor Wearmouth  who highlighted the main points of the report.

 

RESOLVED that summary results of the budget consultation undertaken between 10th December 2021 and 21st January 2022 as well as wider engagement undertaken, be noted. 

 

7.

REPORTS OF THE INTERIM EXECUTIVE DIRECTOR OF FINANCE AND S151 OFFICER pdf icon PDF 1 MB

(1)      Budget 2022-23 and Medium Term Financial Plan 2022-26

 

The report provides the Revenue Budget for 2022-23 and Revenue Medium-Term  Financial Plan (MTFP) 2022-26 and the Capital Budget for 2022-23 and Capital MTFP  2022-26, following the Government’s Spending Round Announcement 2021 (SR 2021), on 27 October 2021, and the publication of the provisional Local Government Finance Settlement on 16 December 2021. 

 

It is important to note that there may need to be some revisions to the figures following receipt of the Government’s February 2022 Final Local Government Finance Settlement figures. It is proposed that any changes to the figures as a result of this announcement, which impact on the Budget 2022-23 and MTFP 2022-26 are delegated to the Council’s Section 151 Officer in consultation with the Portfolio Holder for Corporate Services.

 

The budget book is enclosed for only those members who have not previously received it with their Cabinet or Scrutiny agendas. Members are asked to note that Appendices 1,3, 11 and 14 have been updated since those agendas were despatched. Copies of the updated appendices are enclosed. 

 

(2)      Approval of Revenues and Benefits Policies for 2022-23

 

The purpose of this report is to update Members on the policies governing the administration of Revenues and Benefits and seek approval for the updates and amendments highlighted.

 

(3)      Council Tax 2022-23

 

To provide Council Members with the financial information to enable the Council to calculate and set the Council Tax for 2022-23.

 

 

Additional documents:

Minutes:

(1) Budget 2022-23 and Medium Term Financial Plan 2022-26 

 

The report provided the Revenue Budget for 2022-23 and Revenue Medium-Term  Financial Plan (MTFP) 2022-26 and the Capital Budget for 2022-23 and Capital MTFP  2022-26, following the Government’s Spending Round Announcement 2021 (SR 2021), on 27 October 2021, and the publication of the provisional Local Government Finance Settlement on 16 December 2021. 

 

Before moving onto the report, the Leader advised that devolution discussions were progressing quickly and he hoped to update members further at the 30 March Council meeting. If members wished to raise anything, they should let him know.

 

In respect of the budget and MTFP, he thanked members of the Finance Team, Cabinet Members and his Group, as well as businesses and those members of the public who had contributed to the consultation. The budget had two clear themes – supporting and encouraging new and existing business and supporting those residents who most needed help. There would be no cuts to front line services and the Administration would continue with investment across an impressive range of initiatives including the Northumberland Line, British Volt and the Blyth Town Deal. Much of the progress which was being made was due to the work of Advance and he thanked them for that. He referred to many other capital investments which were being made throughout the County.

 

The Leader went on to say that there was a need to ensure that real progress was made in tackling inequality. As a starting point he had invited over 100 key stakeholders to an inequalities summit at the end of March. The aim was to draw together an action plan which had had £50,000 allocated to it.

 

For anyone that struggled with the 4.1% council rent increase, the Council was to look at two schemes to support those on benefits and just below the housing benefit cut off point. To this end, some amended recommendations had been circulated in the room.

 

Regarding the saving identified for social care provision, this has been discussed in great detail to ensure that it was deliverable without affecting anyone’s care plans, which officers had confirmed.  

 

He moved recommendations 1-55 as per the sheet circulated in the room, which was seconded by Councillor Horncastle. The Business Chair then opened the item up for debate.

 

Councillor Dickinson felt the budget was in fact full of front line cuts. The County continued to receive far less funding settlement from the government than other areas, even compared to other Conservative led Councils. The settlement had not been a good one, food and child poverty levels were rising, foodbanks and UC claimants were on the increase, officers were raising concerns about a capital spending programme that would exceed £1billion. He paid tribute to staff who had continued to deliver services well in the face of challenges such as Covid and Storm Arwen with far fewer of them around to deliver those services. His Group could not support this budget because they felt it was targeted  ...  view the full minutes text for item 7.

8.

REPORT OF THE HEAD OF PAID SERVICE pdf icon PDF 166 KB

Executive Management Structure Review

 

The purpose of the report is to seek approval to the implementation of the revised Executive management arrangements for Council

Additional documents:

Minutes:

Executive Management Structure Review 

 

The report sought approval to the implementation of the revised Executive management arrangements for Council.

 

The Business Chair then advised members that he had received advice from the S151 Officer and Monitoring Officer which he would circulate and members would be given time to read. Councillor Hill sought assurance that members would receive the full advice and instructions in the interests of transparency, or were members just to receive the opinion? The Business Chair replied that there were two documents to circulate and asked members to read them first.

 

Councillor Dickinson commented that this report had now been in front of members three times and the Leader had confirmed he had been happy with it in September. He did not understand why members were now receiving new advice and felt it was procedurally incorrect to do that. The Monitoring Officer suggested that members read the two documents which were to be circulated and then questions would be taken. One was the legal opinion, the other was the Statutory Officers’ advice.

 

Councillor Oliver commented that he had understood that the Leader, Portfolio Holder and Business Chair had not wanted this report to be on the agenda. He queried why in that case, it was on the agenda.

 

Councillor Jackson queried whether the documents to be circulated were confidential and subject to legal privilege, and therefore to be handed back after the meeting. The MO confirmed this was the case. The Leader suggested that this matter should be considered in closed session, and in response, Councillor Dickinson referred to the procedure which had been followed at a Staff and Appointments Committee recently to maintain confidentiality. If the advice to come to members was legally privileged, then the same procedures should be adopted and the matter considered at the end of the meeting following exclusion of press and public. However, the Business Chair was minded to deal with the matter now. The Leader moved that the appropriate resolution be passed, which was seconded by Councillor Reid. The MO suggested to members that they read the advice first, then make a decision on exclusion afterwards. The Business Chair the adjourned the meeting and it was reconvened at 7.10 pm.

 

Councillor Horncastle expressed concern at the amount of information members were being asked to take in in a short space of time. He was also concerned that, in order to understand the advice given, members needed to know what had been asked. He asked the MO how long she had been in possession of the information just circulated to members. She replied that she had circulated the QC’s advice to the Chief Executive and the S151 Officer on Saturday and had asked the Chief Executive whether, in light of it, she still wanted the report presented given the advice that there were flaws in the report and that she had a pecuniary interest. The Statutory Officers’ advice had been circulated the day before to the Chief Executive, again offering discussion on  ...  view the full minutes text for item 8.

9.

JOINT REPORT OF THE MONITORING OFFICER AND THE INTERIM SENIOR SERVICE DIRECTOR pdf icon PDF 295 KB

Political Proportionality

 

To determine the political proportionality of the registered political groups on the council and to allocate seats on committees in accordance with that proportionality in accordance with the provisions of Sections 15 and 16 of the Local Government and Housing Act 1989

Minutes:

Political Proportionality

 

Council was asked to determine the political proportionality of the registered political groups on the council and to allocate seats on committees in accordance with that proportionality in accordance with the provisions of Sections 15 and 16 of the Local Government and Housing Act 1989.

 

Councillor Wearmouth introduced the report. Discussion with Group Leaders had indicated a preference for Method 1 detailed in the report. Finalisation of the appointments and the pool places would be done in consultation with Group Leaders. If agreement could not be reached on any particular issues then Council would have to decide.  The recommendations were moved by the Leader, including the adoption of Method 1 for the allocation of places to Committees, which was seconded by Councillor Reid.

 

Councillor Hill referred to the pool positions and the need to identify a way of resolving a dispute. Democratic Services had advised that in such cases it would be the largest Group which would take priority. Councillor Wearmouth disagreed that this had been the advice, which had in fact said that hopefully the Groups would be able to reach an agreement. However, ultimately, it was for full Council to decide the places if the Groups could not reach agreement.  Councillor Reid commented that he was sure Group Leaders between them could reach consensus.  Councillor Kennedy concurred with this and sought assurance that this was the method to be used going forward as the framework for calculating any future changes.  Councillor Wearmouth replied that this could not be agreed as it would be binding a future Council.

 

Councillor Hill asked for an update on the proposed Grievance Committee. The MO advised that this had not been set up yet. The Constitution Working Group had asked officers to look at a couple of issues in more detail and an update would be provided to them at the next meeting due to take place soon. Then recommendations would come to Council to agree.

 

On this point, Councillor Dickinson commented that some of the issues which had been raised, such as around staff consultation, were urgent and he did not feel it was appropriate for members to still be waiting for a response over a month later.  

 

RESOLVED that:-

 

(a)      Council notes that immediately following the Hexham East By-election and notified changes to the Independent Group, the total number of councillors in each political group on the County Council is Conservative 33, Labour 21, Independent 6, Liberal Democrat 4, Green 2 and 1 un-grouped independent member;

 

(b)      Council confirms that the political proportionality of the Groups is as follows: Conservative 49.25%, Labour 31.34%, Independent 8.96%, Liberal Democrat 5.97%, Green 2.99% and un-grouped 1.49%;

 

(c)      Council approves the provisions of Appendix 1 which sets out the proportional allocation of places on committees in accordance with the proportionality approved above;

 

(d)      Council agrees Method 1 for allocation of seats to Northumberland County principal/decision making Committees attached as Appendix 2 to the report;

 

(e)      Council notes Appendix 4 attached to the report  ...  view the full minutes text for item 9.

10.

REPORT OF THE INTERIM EXECUTIVE DIRECTOR OF FINANCE AND S151 OFFICER pdf icon PDF 193 KB

Arrangements for the Appointment of the Local Auditor (External Auditor)

 

To seek Council approval to opt-in to the Public Sector Audit Appointments (PSAA) Limited arrangements from 1 April 2023 for the five financial years commencing 2023-24 to 2027-28

Minutes:

Arrangements for the Appointment of the Local Auditor (External Auditor) 

 

The report sought Council approval to opt-in to the Public Sector Audit Appointments (PSAA) Limited arrangements from 1 April 2023 for the five financial years commencing 2023-24 to 2027-28. 

 

The report was introduced by the S151 Officer who detailed the key points. She recommended that the Authority did opt into the PSAA arrangements and then the Council did not have to undertake its own procurement process and would not be responsible for the ongoing contract management arrangements. Very few authorities directly appointed their auditors these days. 

 

Councillor Dickinson asked if this was usual practice. The Chief Executive confirmed that this had been adopted last time around.

 

RESOLVED that:-

 

(a)    Council agrees to:

(i) accept the invitation to become an opted-in authority to the national scheme for the appointment of local auditors, which is managed by Public Sector Audit Appointments (PSAA) Ltd; and, 

(ii) agrees that the Section 151 Officer (or Deputy Section 151 Officer) completes the required paperwork in order to make the necessary arrangements; and

 

(b)    Council notes that the length of the compulsory appointing period covers the audits of the five consecutive financial years commencing 1 April 2023 (2023-24 to 2027-28). 

 

11.

REPORT OF THE INTERIM SENIOR SERVICE DIRECTOR pdf icon PDF 121 KB

Corporate Plan Refresh 2021-24

 

This Report presents the Council’s Corporate Plan for 2021-2024, agreed by Cabinet on 18th November 2021.  The Plan builds on the progress from the previous Corporate Plan and presents a refreshed vision, aims and priorities.  This refresh takes account of the changing social and economic context as a result of the Covid Pandemic and the Council’s priorities for leading recovery across the County in the coming months and years.  The priorities in the Corporate Plan will be delivered through the Council’s Medium Term Financial Plan, Service Planning and Performance Frameworks

Additional documents:

Minutes:

Corporate Plan Refresh 2021-24

 

The report presented the Council’s Corporate Plan for 2021-2024, agreed by Cabinet on 18th November 2021.  The Plan built on the progress from the previous Corporate Plan and presented a refreshed vision, aims and priorities.  The refresh took account of the changing social and economic context as a result of the Covid Pandemic and the Council’s priorities for leading recovery across the County in the coming months and years.  The priorities in the Corporate Plan would be delivered through the Council’s Medium Term Financial Plan, Service Planning and Performance Frameworks.

 

RESOLVED that Council note the refreshed Corporate Plan 2021-24 as agreed by Cabinet on 18th November 2021 to set strategic policy direction across the Council’s Services and functions.   

12.

JOINT CONSULTATIVE COMMITTEE and TYNEDALE LAC

The positions of Chair and Vice Chair of the Committee are currently vacant. Council is requested to elect a Chair (usually the Business Chair or his deputy) and Vice Chair (usually from the Trade Union representatives). 

 

Minutes:

Councillor Flux was nominated as Chair by Councillor Daley and seconded by Councillor Reid.

 

Members were advised that a Trade Union representative, Mr Peter Judd had been nominated as Vice Chair, which members accepted.

 

The Business Chair advised members that Councillor Purvis had expressed an interest in attending meetings as an observer, which members also accepted.

 

RESOLVED that Councillor Flux be elected Chair, Mr Judd be elected Vice Chair and Councillor Purvis be invited to attend meetings of the JCC as an observer.

 

 

Councillor Kennedy was proposed by Councillor Reid and seconded by Councillor Dickinson.

 

Councillor Cessford commented that it had been his understanding that the Vice Chair position would not be filled pending the ongoing LAC review. The Business Chair replied that it was an existing vacancy and if a decision was made in future to do something else, then that was not precluded by a decision today.

 

Councillor Cessford then nominated Councillor Oliver. Councillor Kennedy informed members that the position was one for either the Labour or Independent Group based on the proportionality of that LAC.

 

RESOLVED that Councillor Kennedy be elected Vice Chair of Tynedale LAC

13.

TO RECEIVE THE MINUTES OF THE CABINET MEETINGS pdf icon PDF 249 KB

(1)      Tuesday  11 January 2022

(2)      Tuesday 8 February 2022

Additional documents:

Minutes:

(1) Tuesday  11 January 2022 

(2) Tuesday 8 February 2022

 

 RESOLVED that the minutes be received.

 

14.

TO RECEIVE AND CONSIDER MINUTES from the following Committees pdf icon PDF 159 KB

(1)      Corporate Services and Economic Growth OSC         

 

(2)      Family and Children’s Services OSC                          

 

(3)      Communities and Place OSC                                     

 

(4)      Health and Wellbeing OSC                              

 

(5)      Health and Wellbeing Board                                       

 

(6)      Audit Committee                                                        

Additional documents:

Minutes:

(1) Corporate Services and Economic Growth OSC 

 

These were presented by Councillors Dunn and Bawn.

 

RESOLVED that the minutes be received.

 

(2) Family and Children’s Services OSC

 

These were presented by Councillor Daley.

 

RESOLVED that the minutes be received.

 

(3) Communities and Place OSC

 

These were presented by Councillor Reid.

 

Councillor Dale asked if the complaints improvement framework could be a future agenda item.

 

Councillor Gallacher urged progress on the Council’s report into Storm Arwen.

 

RESOLVED that the minutes be received.

 

(4) Health and Wellbeing OSC 

 

These were presented by Councillor Jones.

 

Councillor Bowman asked whether the commitment to pay every care worker the living wage would apply across the County. Councillor Jones replied that it would be paid where the care home agreed but they could not be forced to do so.

 

RESOLVED that the minutes be received.

 

(5) Health and Wellbeing Board 

 

These were presented by Councillor Flux.

 

RESOLVED that the minutes be received.

 

(6) Audit Committee 

 

These were presented by Councillor Towns. He advised that the KPMG report could now be circulated to the Committee.

 

RESOLVED that the minutes be received.

 

15.

QUESTIONS to be put to the Business Chair, a member of the Cabinet or the Chair of any Committee or Sub Committee, in accordance with the Constitution's Rules of Procedure No.9.

Minutes:

The Business Chair sought member views on how this matter be dealt with given the time which had been reached. It was proposed by Councillor Dale that the questions be taken to the next meeting, which was seconded by Councillor Wearmouth.

 

Councillor Swinburn commented that he did not want simply to receive a written answer to his questions which were of concern to his residents, and was disappointed that members could not stay until the end of meetings. This was not representing constituents properly.

 

Councillor Gallacher commented that the size of the agenda and the way in which the meeting was conducted had to be addressed by the Business Chair as members were tired and could not properly concentrate after such a prolonged meeting.

 

Members voted by show of hands on the motion as follows:

 

FOR: 23; AGAINST: 21; ABSTENTIONS: 3

 

It was therefore RESOLVED to defer this matter to the next meeting.

 

The Leader informed all members that if they wished to receive a response before then to contact him.