Agenda and minutes

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Councillor C O’Leary declared an interest under agenda item 16 - Performance against the Corporate Plan 2022/23, in relation to the bid for ‘staying close’ as he had led the national evaluation of the pilot.

To approve as a correct record the minutes of the meeting held on 15^th June 2023.

RESOLVED

That the minutes of the meeting held on 15^th June 2023 be approved as a correct record.

In accordance with paragraph 2.24 of the Committee Procedure Rules and Appendix on Public Speaking, set out in the Constitution, a total period of 15 minutes is allocated for members of the public to put questions to the Committee on any matter relating to this agenda. Each member of the public will be allowed up to two minutes to speak; the Chair will have discretion to vary this where they consider it appropriate.

Members of the public wishing to speak are required to provide notice of this at least three clear working days in advance of the meeting.

There were no public speakers.

To receive an update on progress towards the delivery of Cheshire East Council’s Communications Strategy for Residents 2022-2025 up to 31 May 2023.

The Committee considered an update on progress towards the delivery of Cheshire East Council’s Communications Strategy for Residents 2022-2025 up to 31 May 2023. The report outlined progress against the four key aims of the Strategy.

Members felt that it would be appropriate to continue to receive update reports on a six-monthly basis.

Members agreed on the need to consider other ways of engaging with people, and discussed the benefits, opportunities and risks associated with the use of social media and artificial intelligence. Officers undertook to explore the matter further.

RESOLVED (unanimously)

That the Committee

1.   notes the progress in delivering the Communications Strategy for Residents; and

2.   agrees to receive further updates every six months to monitor progress.

To consider a report which outlines the proposed process and timescale for the development of a new strategic plan for Cheshire East Council.

The Committee considered a report which outlined the proposed process and timescale for the development of a new strategic plan for Cheshire East Council.

Whilst members were supportive of the principle of the new Corporate Plan and the process for its development, some expressed disappointment with an apparent lack of engagement with members over the first phase of the process. In addition, members asked about the feasibility of extending the phase 2 consultation period. Officers responded that there was flexibility to extend the consultation period if necessary and that members would be kept informed of progress with the consultation. A number of workshops and other sessions were planned for members and external stakeholders. Consideration would also be given to the suggestion that members be engaged by committee. The aim would be to report back to the Corporate Policy Committee at its meeting on 8^th February 2024 with a draft Corporate Plan.

Members also sought assurances that the number of vacancies and interim/acting-up positions currently within the senior management structure would not impact on the development of the new Corporate Plan, particularly as the Chief Executive was also now potentially leaving the authority. The Chair responded that many of the senior managers within the authority had been in post for some time and the situation had much improved since 2019, for which he thanked the Chief Executive.

RESOLVED (by majority)

That the Committee

1.   approves the proposed process for the development of the new Corporate Plan;

2.   approves the outline development timescale; and

3.   agrees to receive the draft Corporate Plan at its meeting on 8^th February 2024.

To consider a report which provides an overview of the Cheshire East Council provisional outturn for the financial year 2022/23.

The Committee considered a report which provided an overview of the Cheshire East Council provisional outturn for the financial year 2022/23. The report also provided an early update on performance in 2023/24, in respect of the approved budget policy changes made in the MTFS 2023/24-27.

There was some discussion as to whether the current level of reserves was sufficient to meet the challenge of increased cost pressures in some areas such as children’s and adult social care, particularly as Covid legacy grant funding would not be available to offset such costs in future. It was noted that reserves currently stood at £14.1M and had increased by £1.5M over the last year. An additional £6M had been allocated to children’s social care in the MTFS; further strategic responses were being developed by the finance team which would be reported to the Children and Families Committee.

RESOLVED (by majority)

That the Committee

1.   notes the overall financial performance of the Council in the 2022/23 financial year, as contained within the report, as follows:

(a)  A Net Revenue Overspend of £6.0m against a revised budget of £318.7m (1.9% variance) funded by the drawdown of £5.2m from the MTFS Earmarked Reserve and a reduction in the planned contribution to General Reserves by £0.8m;

(b)  General Reserves closing balance of £14.1m; and

(c)  Capital Spending of £116.4m against an approved programme of £125.2m (7.0% variance);

2.  notes the contents of each of the following annexes:

(a)   Annex 1 – Narrative from the Draft Group Accounts – Provides context of the area and its people, commentary on performance and introduces the financial statements of the Council and the wider Group of Companies for the period 1 April 2022 to 31 March 2023;

(b)   Annex 2 – Financial Stability section provides information on the overall financial stability and resilience of the Council. Further details are contained in the appendices.

­    Appendix 1 Adults and Health Committee

­    Appendix 2 Children and Families Committee

­    Appendix 3 Corporate Policy Committee

­    Appendix 4 Economy and Growth Committee

­    Appendix 5 Environment and Communities Committee

­    Appendix 6 Finance Sub-Committee

­    Appendix 7 Highways and Transport Committee.

­    Appendix 8 Update to the Treasury Management Strategy

­    Appendix 9 Update to the Investment Strategy

(c)   Annex 3 – Update on tracked MTFS 2023-27 approved budget policy change items;

3.   approves supplementary capital estimates (SCE) up to and including £1,000,000 and Capital Virements up to and including £5,000,000 in accordance with Financial Procedure Rules as detailed in Annex 2: Appendix 6, Section 4, Table 5;

4.   notes that Council will be asked to approve:

(a)   fully-funded supplementary revenue estimates over £1,000,000 in accordance with Financial Procedure Rules as detailed in Annex 2: Appendix 6, Section 2, Table 3; and

(b)   capital supplementary estimates over £1,000,000 in Annex 2: Appendix 6, Section 4, Table 6; and

5.   recommends to service committees to:

(a)  consider the financial performance of the Council in the 2022/23 financial year relevant to their terms of  ...  view the full minutes text for item 15.

To consider a report which sets out the approach to optimising the Council’s workplaces and reviewing the size of the useable office estate.

The Committee considered a report which set out the approach to optimising the Council’s workplaces and reviewing the size of the useable office estate.

It was noted that the lack of a reference in the report to a member area at Macclesfield Town Hall was an oversight.

Members stressed the need to ensure that consultation with the staff affected by the rationalisation programme was robust and that staff were listened to.

In response to a question about the impact of working from home on staff productivity, officers commented that this mode of working had driven technological innovation, and staff had been fully equipped with the means to perform their roles effectively. 

RESOLVED (unanimously)

That the Committee

1.    notes the findings from the needs assessment and the emerging options to support the WorkplaCE Project;

2.    notes the MTFS requirement for overall financial savings as set out within Proposal 68 Office Estate Rationalisation (MTFS February 2023);

3.    notes the baseline data identifying the required office space to support the WorkplaCE Project and therefore the anticipated footprint for the council in the future;

4.    based on the findings of the needs assessment, approves progressing consultation with trade unions, employees, third parties and members by the Head of HR and the Head of Democratic Services on an option to close Westfield Offices Sandbach and, in that event, relocate staff within other areas of the corporate estate subject to consultation;

5.    delegates authority to the Head of Estates to market test and conduct consultation and feasibility studies in relation to surplus facilities, subject to the following requirements:

(a)  Options must achieve financial benefits over an appropriate period to help cover the costs of the office rationalisation project.

(b)  Options must achieve best value from such assets.

(c)  Options must be reported to the Economy and Growth Committee for approval prior to implementation.

6.    approves the Principles attached at Appendix 2 to the report and agrees that the Chief Executive will implement changes to working practices, HR Policies, and the Employee Handbook, subject to consultation and engagement with employees and third parties;

7.    notes that feasibility work on the option to relocate Macclesfield Library to the nearby Town Hall will continue and be subject to further reporting to the Economy and Growth Committee prior to consultation;

8.    delegates authority to the Head of Estates to provide flexibility in the workplaCE design at Macclesfield Town Hall offices that could effectively accommodate appropriate space for the library if necessary; and

9.    notes the ongoing partnership working with the NHS to provide joint accommodation that supports integrated working.

To consider a report which provides information on BIDs; the emerging draft Crewe BID proposal; sets out the anticipated implications of the notification; and seeks decisions enabling officers to respond appropriately to the notification.

The Committee considered a report on the emerging draft Crewe BID proposal and the anticipated implications of the notification. The report outlined the actions officers needed to take in response to the emerging BID proposal, and the anticipated resource implications for the Council. It sought a decision on any charges to be made by the Council associated with the BID development, ballot, and levy collection.

It was intended that a later report on the merits of the BID proposal would be submitted to the Economy and Growth Committee.

RESOLVED (unanimously)

That the Committee approves that

1.    the Executive Director of Place shall notify the BID proposer of the Council’s intention to seek to recoup the costs to the Council arising from BID development and levy collection, and any other associated costs allowable under the Business Improvement Districts (England) Regulations 2004;

2.    on receipt of the Crewe Business Improvement District (BID) final proposal:

(a)  the Chief Executive as Returning Officer and “Ballot Holder” shall check the BID proposal against the requirements set out in the BID Regulations, and subject to the BID proposal meeting the necessary requirements, shall make all necessary arrangements for the Crewe BID proposal ballot to take place, and for the results of the ballot to be counted and declared on behalf of the BID proposer; and

(b)  the Executive Director for Place shall take a further report to the Economy and Growth Committee outlining the detail of the final BID proposal and seeking any necessary further authority to respond;

3.    subject to a “yes” vote at ballot, the Executive Director for Place shall ensure a final review of the BID proposal is undertaken and shall determine whether there is any cause to veto the proposals having regard to all relevant matters as prescribed by the BID Regulations; and following that determination shall either confirm that the Council will not veto the BID proposals or serve a notice to exercise a veto; and

4.    subject to a “yes” vote at ballot, and the Executive Director of Place confirming that the Council will not veto the BID proposals:

(a)  The Council’s Monitoring Officer shall make necessary arrangements for the completion and updating of such legal agreements as he considers necessary to facilitate the BID, including agreements ensuring clarity around baseline service levels within the BID area, and clarity of arrangements for collection and management of the BID levy; and

(b)  The Council as billing authority shall make necessary arrangements for billing, collection and enforcement of the BID levy, and its transfer to the body responsible for the Crewe BID.

To consider a report which seeks authority for the Council to become a member of the new statutory Integrated Care Partnership for Cheshire and Merseyside, to be known as the Cheshire and Merseyside Health and Care Partnership.

The Committee considered a report seeking authority for the Council to become a member of the new statutory Integrated Care Partnership for Cheshire and Merseyside, to be known as the Cheshire and Merseyside Health and Care Partnership.

The proposed terms of reference for the Partnership had been produced collaboratively by statutory partners and were set out at Appendix 2 to the report. The terms of reference had not yet been agreed, and a number of concerns had been conveyed to the Integrated Care Board. A response was awaited. Officers therefore proposed an amendment to recommendation 1 in the report to insert the words ‘when agreed’, and advised that the first potential date the terms of reference could be presented to Council was 18^th October 2023.

RESOLVED (unanimously)

That the Committee recommends to full Council

1.   that the terms of reference of the Cheshire & Merseyside Integrated Care Partnership (to be known as the Cheshire & Merseyside Health & Care Partnership), when agreed, be adopted;

2.   that the Council become a member of the Cheshire & Merseyside Health & Care Partnership;

3.   that the Leader of the Council be nominated to be the Council’s representative on the Cheshire & Merseyside Health & Care Partnership; and

4.   that the Chief Executive be granted delegated authority to nominate an Executive Director/Director of Public Health to be a member of the Partnership if she considers it appropriate.

To consider proposed updates to the terms of reference of the Cheshire East Health and Wellbeing Board.

The Committee considered a report setting out proposed updates to the terms of reference of the Cheshire East Health and Wellbeing Board.

The Health and Care Act 2022 and a Local Government Association facilitated review of the Health and Wellbeing Board had led to the need to update the Board’s terms of reference. The report and Appendix 1 highlighted the required changes.

The Health and Wellbeing Board on 27^th June 2023 recommended to the Corporate Policy Committee that full Council be recommended to adopt the revised terms of reference.

Members thanked all those who had worked on producing the revised terms of reference, including Guy Kilminster and his team.

The Chair commented that the thinking behind the changes was to involve more people outside of the strict health sphere and to recognise the wider determinants of health.

RESOLVED (unanimously)

That the Committee recommends to full Council that the revised terms of reference of the Cheshire East Health and Wellbeing Board be adopted.

To consider a report which seeks the appointment of a sub-committee which will make recommendations to the Corporate Policy Committee in respect of the Local Government Boundary Commission’s forthcoming review of the Council’s electoral arrangements.

The Committee considered a report which proposed the appointment of a sub-committee to make recommendations to the Committee in respect of the Local Government Boundary Commission’s forthcoming review of the Council’s electoral arrangements.

RESOLVED (unanimously)

That

1.   a sub-committee be appointed (the Electoral Review Sub-Committee) to make recommendations to the Corporate Policy Committee in respect of all matters relating to the Cheshire East Council Electoral Review;

2.   the Sub-Committee comprise 7 members, on a politically proportionate basis as set out in the report, with an open invitation to a member of the Liberal Democrat Group to attend meetings of the Sub-Committee on an informal non-voting basis, and to contribute to the Sub-Committee’s debates; and

3.   nominations to the Sub-Committee be submitted to the Head of Democratic Services and Governance.

To consider a report which seeks approval to make appointments to outside organisations.

The Committee considered a report which sought approval to make appointments to outside organisations.

A list of nominations to outside organisations was circulated at the meeting. Councillor C Bulman asked that the list be amended to show Councillor Fiona Wilson as the representative on North-West Employers.

Note: the final approved list of appointments to outside organisations is appended to these minutes.

RESOLVED

That

1.    approval be given to the appointment of the representatives to outside organisations as set out in the list circulated at the meeting, the appointments to run until such time as the Council’s representation is reviewed following the election of the new Council in 2027; and

2.    the appointments take immediate effect.

To consider a report which seeks to broaden the member development programme to include briefings on sub-regional working.

The Committee considered a report which sought to broaden the member development programme to include briefings on sub-regional working.

With regard to any future proposals for devolution within the sub-region, members commented that they would wish to know the implications with regard to the future of the Local Enterprise Partnership and any proposals for elected mayors or other forms of governance.

RESOLVED (unanimously)

That the Committee

1.    notes the current position on sub-regional working across Cheshire and Warrington;

2.    agrees to expand the member development programme to include member briefings to explore whether there are further opportunities to enhance sub-regional working for the benefit of residents; and

3.    invites officers to consider future developments for sub-regional working.

To consider a report which provides an update on the status of cyber security within the Council.

The Committee considered a report which provided an update on the status of cyber security within the Council.

The report sought to assure members about the protections in place to mitigate any risk.

Members stressed the need to achieve the right balance between the need for robust security measures and flexibility and ease of use of technology.

RESOLVED

That the update be noted.

To consider a report which provides an oversight of organisational performance against the priorities and vision set out within the Council’s Corporate Plan 2021-25.

The Committee considered a report which provided an oversight of organisational performance against the priorities and vision set out within the Council’s Corporate Plan 2021-25. Appendix 1 to the report provided further details of performance and progress against priorities in quarter 4, which covered the period 1^st January – 31^st March 2023.

The Chair commented that the Council’s target of becoming carbon neutral by 2025 was the most ambitious in the country and was on track.

In response to a question about progress with planning enforcement, the Chief Executive indicated that this had been part of the deep dive exercise and a written response would be provided.

RESOLVED (by majority)

That the Committee notes the performance against the Corporate Plan for 2022/23 and the end of year position.

Note: at this point, the meeting was adjourned for 10 minutes.

To consider a report which provides an update on the activity of the Council’s Strategic Risk Register for Quarter 4 2022/23, and the outturn position for 2022/23.

The Committee considered a report which provided an update on the activity of the Council’s Strategic Risk Register for Quarter 4 2022/23, and the outturn position for 2022/23.

Members noted that the net risk on achieving improvements to address the recommendations from the joint targeted area inspection (JTAI) of child exploitation had not changed, and they asked at what point the Committee would become involved if the risk did not reduce. The Chief Executive responded that the joint inspection had led to significant focus on improvement. The report was an open and transparent report on what had happened in 2022-23. The issues had been identified and addressed.

Members also noted the improved confidence in the adult care market.

RESOLVED

That the Committee confirms the position of the Strategic Risk Register for Quarter 4 2022/23, in respect of the content, description, scoring and risk management activity as outlined in the report.

To consider a report which provides a summary of data regarding accident and information data for the Council and maintained schools for the last two quarters of 2022/23, the year in total and comparative data for the same periods in the last three years.

The Committee considered a report which provided a summary of accident and information data for the Council and maintained schools for the last two quarters of 2022/23, the year in total and comparative data for the same periods in the last three years.

RESOLVED

That the Committee

1.   notes the update provided in the report; and

2.   endorses the inclusion of future quarterly accident and incident data in the performance updates to the Committee, with other reporting on Health and Safety matters being provided to the Committee as required.

To consider a report which provides a summary and analysis of complaints and compliments received by the Council during the period 1^st April 2022 to 31^st March 2023.

The Committee considered a report which provided a summary and analysis of complaints and compliments received by the Council during the period 1^st April 2022 to 31^st March 2023. The report highlighted any areas of concern and examples of good practice.

Members asked if SEND workers were carrying caseloads of 200 and more. Officers undertook to provide a written response.

Members also asked if evaluations of vexatious complaints were undertaken and whether these would be of value in member training. The Director of Finance and Customer Services responded that a revised policy on vexatious complaints was being developed and he would ensure that this suggestion was taken on board.

RESOLVED

That the Committee

1.   notes the annual Committee complaints and compliments data, and the briefing material in the report relating to the 2022/23 financial year;

2.   notes the issues raised and improvements made in respect of the management of complaints across the Council contained within the briefing material in the report;

3.   notes the Council’s compliance with the Corporate Complaints Policy, and with the recommendations of the Ombudsman; and

4.   notes that the report is also provided to the Audit and Governance Committee.

To consider the Work Programme and determine any required amendments.

The Committee reviewed its work programme for 2023-24.

The Director of Governance and Compliance advised that following decisions taken by the Committee earlier in the meeting, it would be necessary to amend the work programme as follows:

§  The Communications Strategy would now be reported on a six-monthly basis.

§  The Health and Safety Update report would become part of the performance report.

§  There would be quarterly reporting on cyber security.

RESOLVED

That subject to the amendments reported at the meeting, the work programme be noted.

To receive the following sub-committee minutes:

§  Finance Sub-Committee – 7^th June 2023

§  General Appeals Sub-Committee – 4^th April 2023

RESOLVED

That the following sub-committee minutes be received and noted:

Finance Sub-Committee – 7^th June 2023

General Appeals Sub-Committee – 4^th April 2023

In accordance with Procedure Rules 2.10 and 2.11, an urgent decision was taken by the Chief Executive on 9^th June 2023 to approve six voluntary redundancy requests as part of a restructure of a service within Children’s Services. The record of the decision contains exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 and is not for publication.

RESOLVED

That the Committee notes that an urgent decision was taken under Procedure Rules 2.10 and 2.11 by the Chief Executive on 9^th June 2023 to approve six voluntary redundancy requests as part of a restructure of a service within Children’s Services.