Decisions

To appoint Adele Taylor as the interim Chief Finance Officer (Director of Finance and Customer Services) and section151 officer at a day rate of £1265 (including agency fees).

To appoint Adele Taylor as the interim Chief Finance Officer (Director of Finance and Customer Services) and section151 officer at a day rate of £1265 (including agency fees).

The Chair, Councillor N Mannion, declared a pecuniary interest in this item as a member of the Tatton Park Board and left the meeting prior to its consideration, vacating the chair. The Vice-Chair, Councillor L Anderson, chaired the meeting in Councillor Mannion’s absence.

The Sub-Committee considered a proposal to extend the contract for catering provision at Tatton Park to Tatton Park Enterprises Ltd (TPE Ltd) for a period of 24 months effective from the 16^th April 2024 to the 15^th April 2026.

RESOLVED (unanimously)

That the Sub-Committee approves that the contract with Tatton Park Enterprises Ltd for the catering provision at Tatton Park be extended for a further two years from the 16^th April 2024 to the 15^th April 2026.

At the conclusion of this item, Councillor Mannion was invited to return to the meeting and resumed the chair.

The Sub-Committee considered a report on the allocation of the approved budgets to each of the service committees, and the financial reporting cycle for 2024/25.

The Director of Finance and Customer Services advised as follows in response to members’ questions and comments:

§  Where there was a budget overspend or underperformance, officers would provide the relevant commentary and analysis, and highlight areas for decision.

§  A standard format would be adopted for all service committees to ensure a consistent approach to managing budgets.

§  A RAG rating would be provided for each policy change proposal; with red and amber ratings highlighting where decisions were required. The Director would consider the feasibility of incorporating RAG ratings into tables for committee reports.

§  The chairs and/or lead officers of relevant service committees could be asked to attend Finance Sub-Committee meetings to discuss budget activity, mitigation and forecasts. This would be necessary if mitigation was not being contained within the individual committee as this could impact on General Reserves which were the responsibility of the Finance Sub-Committee.

§  A planner view could be provided to assist members in understanding the interdependencies between committees.

§  A report on Council Tax and Business Rates collection would be brought to the Sub-Committee’s meeting in June 2024.

RESOLVED (unanimously)

That the Sub-Committee

1.    approves the allocation of the revenue and capital budgets, budget change items and earmarked reserves to the following committees in accordance with the approved MTFS, as set out in Appendix A to the report:

§  Adults & Health

§  Children & Families

§  Corporate Policy

§  Economy & Growth

§  Environment & Communities

§  Finance Sub-Committee

§  Highways & Transport

2.    approves that a report on the progress on delivery of the approved budget policy change items is included as a standing agenda item for each service committee meeting during the 2024/25 reporting year; and

3.   notes the draft financial reporting timetable for 2024/25 set out in Appendix B.

The Sub-Committee considered an update report on the pipeline of procurement activity, the contracts awarded this fiscal year, and the number of cases where, and reasons why, procurement activity has required the use of waivers.

The detailed waiver and non-adherence referred to in the report would be considered in Part 2 of the meeting.

RESOLVED (unanimously)

That the Sub-Committee

1.   approves the 1 pipeline project in Appendix 1 column H as business as usual;

2.   notes the reason for 1 waiver approved between 1^st January 2024 and 29^th February 2024 (6 in total in 2023/24);

3.   notes the reason for 1 non-adherence between 1^st January 2024 and 29^th February 2024 (1 in total in 2023/24);

4.   notes the contracts awarded since April 2023, Appendix 2; and

5.   notes the update on the public procurement legislation, Public Contract Regulations 2023.

The Sub-Committee considered a report on appointments to the new Cheshire and Warrington Joint Committee and related bodies.

Officers advised that the primary role of the Finance Sub-Committee would be to have oversight of the investment decisions by Enterprise Cheshire and Warrington.

RESOLVED

That the Sub-Committee

1.   (by majority) agrees to appoint the Leader to be the Owner Member of the Joint Committee (Part One);

2.   (by majority) agrees to appoint the Deputy Leader to be a member of the Joint Committee (Part Two) and to be the substitute for the Owner Member;

3.   (by majority) agrees to appoint the Chair of the Finance Sub-Committee, or in his absence the Chair of the Environment and Communities Committee, to be the substitute member for the Joint Committee (Part Two);

4.   notes that the Corporate Policy Committee will make the appointment to the director of Alderley Park Holdings Ltd;

5.   agrees to appoint the Executive Director Place to the Cheshire & Warrington Development Fund (General Partner) Ltd;

6.   (by majority) agrees to recommend to the Joint Committee that the Joint Committee fulfil the function of the Investment Committee; and

7.   (unanimously) agrees that members of the Finance Sub-Committee should receive a briefing as soon as possible on all investments involving Cheshire East Council, including those of the LEP partnership, with a report back to the Sub-Committee’s meeting in June 2024 to determine how the Sub-Committee’s shareholder function is best carried out.

The Sub-Committee considered a due diligence report in relation to a proposed commercial opportunity for Ansa.

RESOLVED (by majority)

That the Finance Sub-Committee approves the proposal that Ansa Environmental Services Ltd enter into the contract with a third-party Housing Association for a period of 4 years with the option to extend the contract for a further 2 years (by individual extensions of 1 year each).

The Committee considered a report which set out the preliminary activities required to enable the development of the future transformation programme: the creation and implementation of Council-wide officer boards; a Local Government Association (LGA) review of decision-making accountability; and an LGA peer challenge.

Prior to the meeting, a briefing note was circulated to members of the Committee which provided clarification of certain aspects of the recommendations in the report.

Officers confirmed that there would be opportunities for member involvement with, and scrutiny of, the outcomes of the reviews and the actions arising.

RESOLVED (by majority)

That

1.    the Committee authorises the Chief Executive, in consultation with the Chair and Vice-Chair, to take all necessary steps to respond to any recommendation of the Decision-Making Accountability review, and the Committee notes the commencement of the Review;

2.    the Committee authorises the Chief Executive, in consultation with the Chair and Vice-Chair, to take all necessary steps in preparation for the Peer Challenge and to take all necessary steps to respond to any recommendation of the Challenge, and the Committee notes the progress of the Council’s submission to the Local Government Association; and

3.    the Committee notes the creation and operation of the Officer Boards.

The Committee considered a request from Peaks and Plains Housing Trust to remove the Council’s opportunityto nominate a Member to sit on the Peaks and Plains Housing Trust Board.

RESOLVED (by majority)

That the Committee

1.    approves the removal from the Stock Transfer Agreement dated 17^th July 2006 of the clause giving Cheshire East Borough Council the opportunity to nominate a member to sit on the Board of Peaks and Plains Housing Trust, via a Deed of Variation; and

2.    delegates authority to the Executive Director Place, in consultation with the Chair of the Corporate Policy Committee, to deal with other such requests from any remaining Stock Transfer Organisations.

The Committee considered appointments to a number of outside organisations from which Councillor Craig Browne was standing down.

RESOLVED (unanimously)

That

1               Councillor M Gorman be appointed as the Council’s representative on Alderley Park Holdings Ltd;

2               Councillor M Gorman be appointed as the Council’s representative on Transport for the North Partnership Board;

3               Councillor S Corcoran be nominated for the sub-regional representative on Transport for the North Rail Committee; and

4               Councillor M Warren be appointed as a Council’s representative on the County Councils Network.

The Committee considered a report which set out the proposed transformational approach the Council would take to deliver the Cheshire East Council Plan, support the Medium-Term Financial Strategy budget savings of £100m over the next 4 years, and implement the overarching Policy and Strategy Framework.

Officers gave a presentation on the transformation programme at the meeting.

The Chair commented that he would expect there to be extensive briefing of members on the progress of the transformation programme, with members being involved in any major changes. Any significant matters would be taken to the relevant scrutiny committee, with the Corporate Policy Committee having oversight of the process as a whole.

In response to questions from members, the Director of Finance and Customer Services advised that:

§  Zero-based budgeting would be undertaken within specific service areas where this was judged to be appropriate. Benchmarking would be undertaken to identify those areas which were potentially suitable for a zero-based budgeting approach.

§  With regard to the overspend on Dedicated Schools Grant, the interest payments on the total deficit were factored into the forecast budget deficit but not the outstanding DSG deficit itself, which would continue to be treated separately. No assumptions were being made regarding the possible mitigation of the interest payments.

RESOLVED (unanimously)

That the Committee

1.             approves the transformation approach for the Council;

2.             delegates to the Chief Executive, in consultation with the Chair and Vice-Chair, authority to take all necessary steps to implement a whole organisation transformation programme as outlined in sections 11-19, 24-30 of the report;

3.             agrees that committee and all-member briefings be provided on progress against key milestones of the programme;

4.             notes the S151 Officer’s section 25 report which states that the Council must transform to create sustainable services;

5.             notes the acceptance of the Exceptional Financial Support and recognises the conditions of that support, namely a transformation plan to be provided to DLUHC by 27^th August 2024;

6.             notes the acceptance of an LGA (Local Government Association) grant by the Chief Executive and Chief Financial Officer in accordance with the rules on Supplementary Revenue Estimates set out within the Council’s constitution;

7.             notes the progress to date on the formation of the transformation programme by the Chief Executive and approves the procurement of Phase 1 and Phase 2 required to facilitate the programme; and

8.             notes the progress of the other activities that are underway that are needed in support of the transformation programme, which include the Decision-Making Accountability work and the LGA’s Corporate Peer Challenge review.

The Committee considered a report which sought approval to recommission an Integrated Lifestyle Service, currently known as One You Cheshire East.

The service provided information and support to encourage positive lifestyle behaviour change in Cheshire East residents, thereby providing early intervention support to reduce the need for statutory services.

Members asked questions in relation to the service and how it worked alongside the public heath team, specifically in relation to elements such as smoking and vaping. Officers agreed to circulate a presentation which had been provided to the Health and Wellbeing Board by the Trading Standards team and included information on their enforcement activity. Members wanted to see that whoever was awarded the contract recognised that there was an aging population, and this was just as important as the smoking element of the contract.

Some members expressed concerns that the One You service was part of a national programme, but the report lacked some detail in respect of KPI’s. Concerns were raised in respect of handing over responsibility to award a contract if members were not sure what it was that was being awarded and how well anyone bidding for the contract would meet those KPI’s. Officers assured members that information on performance was collated in all areas of the service and this could be shared with members. Further KPI’s would be developed going forward which would be shaped by national guidance and legislation.

Members asked questions in relation to the advertising of the service especially in rural areas. Officers reported that substantial efforts had been made in trying to communicate what the service provided and that they were at the beginning of the process and in designing what the new service would look like consideration would be given to lessons learnt and what has changed in needs assessment.

Members requested that they have sight of the proposed service design prior to it being awarded to offer oversight and scrutiny but stated that they did not want to delay the procurement process.

An amendment was moved and seconded which sought to include a third recommendation which requested that the Adults and Health Committee are provided with a full briefing on the redesigned contract specification before it is offered for bids.

This was voted on and carried unanimously and became part of the substantive motion.

RESOLVED: (Unanimously) That the Adults and Health Committee

1. approve the recommissioning of an Integrated Lifestyle Service.

2. are provided with a full briefing on the redesigned contract before it is offered for bids.

3. Delegate authority to the Executive Director – Adults, Health and Integration to award the contract.

Councillor A Kolker returned to the meeting following consideration of this item.

The Committee considered a report which sought approval to endorse and implement the ‘all age’ Direct Payment Policy. The Policy aligns the approach for providing and managing direct payments for adults and children, to meet their care and support needs.

Members welcomed the diversity with which people can access services as it was agreed that one size does not fit all. Members sought assurance in respect of whether the policy would prevent people from making top-ups to their direct payment and what additional safeguards would be considered to avoid the vulnerable being financially abused.

In response officers stated that in respect of top-ups, families and individuals could top up their care if there were other services they would like to have. In respect of protecting the vulnerable, whilst it was not possible to eradicate all risk, it was believed that the use of pre-paid cards would help manage risk more easily than a bank account would as it was possible, if required, to see in real time what people were spending their money on.

Pre-paid cards are already being used in some areas including helping people to manage their finances directly. There was a contract already in place to support those people who were in receipt of direct payments with becoming an employer and the responsibilities that came with that, but officers would take in to account the concerns raised by members.

Members agreed that a detailed communications package was required for service users in respect of how the direct payment card would be employed and that it be drafted in such a way that all client groups understood.

In response to a question asked in relation to the low turnout at the face-to-face consultation events and whether further development was required in this area, officers reported that everyone who used direct payment had been written to, so all those it was relevant to had been targeted. The policy had been shaped by the outline of the consultation responses.

In response to a question raised in relation to the transitional arrangements from children to adults, specifically those children who want to take on responsibility for their own payment’s officers reported that as part of the transitional arrangements an advocate would be provided to help support with the transition.

RESOLVED: (by Majority)

That the Adults and Health Committee approve and instruct officers to implement the ‘all age’ Direct Payment Policy in Cheshire East.

Councillor A Kolker left the meeting.

The Committee considered a report which sought approval to implement the revised Adult Social Care charging policies.

The policy had not been updated since 2015 and the revised policy would align the Council’s fees and charges with those paid for commissioned services and adopt the minimum income guarantee set by the Department of Health and Social Care. The changes outlined aimed to enable reinvestment of savings into front line services, contributing to maintaining service delivery and ability to meet growing demand.

Work would be undertaken with residents to mitigate concerns in respect of affordability. Every resident charged for Adult Social Care services would have a financial assessment review after the 1^st of April.

In response to questions and comments from Members, Officers reported that:

-       Although the policy had not been updated since 2015, there were many fees and charges linked to benefits and pensions that automatically changed every year, which did not require a change in policy.

-       At the point of assessment in adult social care the finances of the Council could be taken into consideration. However, once the eligible needs of an individual have been assessed, the Council has a duty to meet the needs after this point,

-       The Care Act provided a legal framework for charging for care and support and the Council could challenge an individual if it could be proven that they may have tried to deliberately avoid paying for care costs through depriving themselves of assets – either capital or income.

RESOLVED (by Majority):

That the Adults and Health Committee approve the implementation of the revised Adult Social Care charging policies.

Acting under urgency powers, and following consultation with the Section 151 Officer and Deputy Monitoring Officer, the Mayor, political group leaders and engagement with the Carbon Members Advisory Panel, the Chief Executive has taken the decision to accept a grant offer of £1,449,274 Public Sector Decarbonisation Scheme phase 3C from the Department for Business, Energy and Industrial Strategy (BEIS) to fund carbon reduction measures for Municipal Building Crewe, Knutsford Leisure Centre, Nantwich Library and Congleton Library.

In order to draw-down the funding, the Council will need to complete the individual projects by 31/03/2026 and provide match funding for each project. The money will be spent as part of the Council’s facilities capital budget in 2025 – 2026.

That:

1         a Public Sector Decarbonisation Scheme Grant of £1,449,274 be accepted from the from the Department for Business, Energy and Industrial Strategy (BEIS) for  further decarbonisation of Council buildings.

2        a supplementary capital estimate be made for the 2024-26 Financial years, this to be funded from the Public Sector Decarbonisation Scheme Grant.

3        the Director of Growth and Enterprise be authorised to sign the grant offer agreement with Salix Finance on behalf of the Council and direct that he does the same.