Agenda, decisions and minutes

An apology for absence was received by Councillor Elaine Giles.

Members to declare any interests in matters to be discussed at the meeting.

The following interests were made by members:-

Councillor Hartwell declared a pecuniary interest in relation to Minute No 233/22 (Grant Funding for Advice Services 2023/24 – 2025/26) on the basis that she worked for Bangladeshi Women’s Association who receive advice funding from the Council;

Councillor Ahmed declared a pecuniary interest in relation to Minute No 233/22 (Grant Funding for Advice Services 2023/24 – 2025/26) on the basis that he is a committee member of Smethwick Pakistani Muslim Association;

Councillor Hughes declared a personal interest in relation to Minute No 236/22 (Recommissioning of the pre and post dementia diagnostic Support Service) on the basis that he and his wife had recently accessed the service;

Councillor Simms declared a personal interest in relation to Minute No 233/22 (Grant Funding for Advice Services 2023/24 – 2025/26) on the basis that she worked within a community that delivers a variation of services to the public. 

To confirm the minutes of the meeting held on 16 November 2022.

Resolved that the minutes of the meeting held on 16 November 2022 are approved as a correct record.

To determine whether there are any additional items of business to be considered as a matter of urgency.

There were no additional items of business to consider.

To approve the Director of Adult Social Care and the Director of Finance to implement the proposed Direct Payments Policy and ensure it is embedded in future practice by all relevant staff members.

Agreed that the Director of Adult Social Care and the Director of Finance be authorised to implement the proposed Direct Payments Policy and ensure it is embedded in future practice by all relevant staff members.

Approval was sought to authorise the Director of Adult Social Care and the Director of Finance to implement the proposed Direct Payments Policy and ensure it is embedded in future practice by all relevant staff members.

On behalf of the Chair of the Health and Adult Social Care Scrutiny Board, the Chair of the Economy, Skills, Transport and Environment Scrutiny Board asked for clarification on the result of the commissioned work regarding the Care Act 2014.

The Deputy Leader and Cabinet Member for Finance and Resources identified that the following key areas were in need of improvement:-

•  A requirement for care and support planning to ensure DPs were promoted but with suitable safeguards and checks

•  Strengthen Care Act practice by testing people’s capacity & suitability to manage a DP

•  Clarifying rules regarding using DPs to pay for services delivered by Close Family Members

•  Ensuring clear guidance to clients about their and the Council’s respective responsibilities around the use of DPs, particularly when they are employing staff

•  Strengthening safeguarding aspects by setting out clear roles and expectations for social care and DP workers regarding reviews of the DP package and the financial audit of the DP’s use

•  Improvements in financial audit process to identify key issues quicker so that attention could focus on the clients who appear to have issues in managing their DP

•  Clarifying social care and DP workers’ responsibilities to suspend or terminate DPs in cases of clear misuse, and social care workers’ responsibilities to promptly review the case in terms of safeguarding and to arrange alternative care as appropriate

Clarification from external solicitors was sought on two of the Care Act issues; the Council’s rights to expect DBS checks on people involved in a person’s DP, and the use of Close Family Members. This had been used to set out Care Act-compliant policy.

The outcome was the creation of the policy which sets out proposed policies on these key areas. Revised practice guidance reinforced by training and development would ensure it was delivered.

Questions were also asked on how the Council could support people receiving direct payment of the risk of abuse.

It was explained that this consideration starts during the initial process, where social care workers must check that the person had the capacity to make the decision about whether they want a DP, and whether they had the capability to manage it. If the person did not have capacity, then they would not have a DP unless there was an authorised person to manage it, who must have capacity to do so and who would act in the client’s best interest

During the operation of the DP, it was the social care workers’ regular reviews of the care package and the DP workers’ regular financial audits of the use of the DP that were the key tool in ensuing that the person is buying the care required to meet their assessed needs and that the DP is being used appropriately  ...  view the full minutes text for item 227/21

To approve the Director of Housing to adjust council rents and housing related charges with effect from 3 April 2023.

Agreed:-

(1)     That approval is given to authorise the Director of Housing to adjust council rents and housing related charges with effect from 3rd April 2023 as follows:

(a)   Increase rental charges by 5%, which is 2% below the government’s social rental cap of 7%.

(b)   Increase housing service charges by the consumer price index (CPI) + 1%, equivalent to a 11.1% increase.

(c)   That subject to consultation with the residents of the site, to increase rent at the traveller’s pitch in Hills View, Tipton by 5%

(d)   That properties managed by Riverside under the Private Finance Initiative (PFI) agreement receive a 5% rental increase and a 11.1% increase in service charges, which need to match the councils rent and service charge increases.

(e)   That properties that sit outside the Housing Revenue Account (including service tenants for Parks, Sandwell Valley and Caretaking) receive a 11.1% increase in rental charges and service charges, which is equivalent to CPI plus 1%.

(f)    That the leaseholder annual fee be increase by 11.1%, CPI + 1% in 2023/24 from £104.10 to £115.66.

(g)   That the Director of Housing undertake a further review on garage rents and submit a further report to Cabinet in due course.

(2)     That the Director of Housing be authorised to establish a hardship fund for HRA tenants (to support them in their tenancy) and to allocate £100k of HRA reserves, to be reviewed annually.

Approval was sought to authorise the Director of Housing to adjust council rents and housing related charges with effect from 3 April 2023. A 5% increase was proposed to help battle inflation and ensure that the Local Authority was able to continue to maintain, modernise and manage social housing properties within a ringfenced budget.

The Chair of the Budget and Corporate Scrutiny Management Board requested further information on what would be the likely impact as a result of the increase in charges on the ability of tenants to pay them. It was also questioned why the increase in garage fees proposed a further 5% increase when they were significantly increased last year.

The Cabinet Member for Housing clarified that It was estimated that 70.2% of Sandwell tenants were in receipt of full or partial housing benefit or housing element of Universal Credit that would mitigate the impact of rent increases. The Establishment of a hardship fund to support those on low incomes not in receipt of benefits would provide further targeted support. This would be in addition to a wider package of hardship interventions.

Regarding the increase in garage fees, it was stated that it was normal practice to review and revise fees and charges annually. The increase to garage rents last year was done in recognition that the charges had not been reviewed for some time and were low in comparison to charges by other Local Authorities. The proposals for this year was to enable the charges to meet inflationary pressures, although as with the social housing rent increase it was recommended that this would be capped at 5% rather than much higher rate of CPI. A lower increase would create a budget pressure on the general fund that would need to be met from other General Fund budgets. Garages were a discretionary rather than essential service, 62% were rented by home owners and tenants with more than one garage.

The Chair of the Safer Neighbourhoods and Active Communities Scrutiny Board asked if Sandwell’s rent rates were in line with neighbouring authorities. Comparisons were also requested for the increase in garage rental rates with other authorities.

The Cabinet Member for Housing confirmed that Local Authorities in the region were asked to share details on their current rent levels, only Dudley MBC responded. The Housing Regulator had recently published a report on Local Authority Stock and rents, this reports an average social rent in England of £89.53 and a regional average rent for the West Midlands of £81.28. Sandwell’s average rent was £83.32. Whilst this was a helpful benchmark, members were minded that caution should be exercised as data on average rents would have a large degree of variation driven by the number of Local Authorities in each region and the difference in type of properties which would impact on the overall average.

Rent levels were benchmarked in 2021 when increasing the charges and all were comparable with others in the region and remained very favourable when compared to other  ...  view the full minutes text for item 228/21

To approve the asset transfer of the Greets Green Resource Centre, including the surrounding land, to the Confederation of Bangladeshi Organisations (CBO) Ltd.

Agreed:-

(1)      That approval be given to the asset transfer of the Greets Green Resource Centre, including the surrounding land, to the Confederation of Bangladeshi Organisations (CBO) Ltd on the basis of a full repairing lease for 99 years with a rental of £1 pa for the purpose of running a community centre;

(2)      that authorisation be given to the Director Law and Governance and Monitoring Officer to enter into or execute under seal if necessary, a formal lease for the Greets Green Resource Centre, West Bromwich and adjacent land relating thereto.

Approval was sought to agree the asset transfer of Greets Green Resource Centre, including the surrounding land, to the Confederation of Bangladeshi Organisations LTD on the basis of a full repairing lease for 99 years. It was highlighted that the Confederation of Bangladeshi Organisations LTD was a long-standing trusted partner of Sandwell that supported communities efficiently and effectively.

Reason for Decision

CBO currently lease the premises on a full repairing, rent free basis and the lease expires in 2041. They also hold a coterminous lease of the adjacent land which also expires in 2041. CBO have submitted an application for a single asset transfer of both sites, on the basis of a 99 year full repairing rent free lease. CBO deliver excellent value for money. For example, in 2021/22 CBO supported 872 residents with generalist advice, securing £1,256,056 confirmed benefit gains and £7,130 one off charitable payments/ household goods. For every £1 of advice funding CBO have delivered £19 into the pockets of residents.

Alternative Options Considered

Do nothing – CBO have a 25 year, rent free, full repairing voluntary body lease, expiring in 2041. This would not signal to the wider voluntary and community sector that we value their contribution as partners and want to use asset transfer as a positive tool for enabling the development of enterprising and sustainable organisations with a long term stake in the area.

Agreed:-

(1)          that approval be given to the asset transfer of the Greets Green Resource Centre, including the surrounding land, to the Confederation of Bangladeshi Organisations (CBO) Ltd on the basis of a full repairing lease for 99 years with a rental of £1 pa for the purpose of running a community centre;

(2)          that the Director Law and Governance and Monitoring Officer be authorised to enter into or execute under seal if necessary, a formal lease for the Greets Green Resource Centre, West Bromwich and adjacent land relating thereto.

To approve the signing of a Memorandum of Understanding between the Council and the Chance Heritage Trust relating to the heritage – led regeneration of the chance glassworks site.

Agreed:-

(1)      that Cabinet endorse the signing of a Memorandum of Understanding between the Council and the Chance Heritage Trust relating to the heritage – led regeneration of the Chance Glassworks site;

(2)   that details of the allocation of approved Black Country Local Enterprise Partnership Capacity Funding to support the regeneration of the Chance Glassworks Site be received.

                  Approval was sought to endorse the signing of a Memorandum of Understanding between the Council and the Chance Heritage Trust relating to the heritage – led regeneration of the Chance Glassworks site. The Memorandum of Understanding was not legally binding but would instead set out how the parties would work together.

                  Reasons for Decision

The objectives of the Chance Heritage Trust (CHT) are closely aligned with the Council’s aspirations and policy objectives for the site and its locality. Regeneration of the site would create a boost for the local economy, create jobs and homes, conserve a locally and nationally important cultural asset and enhance the image of the borough through restoration of this high-profile industrial heritage site.

Alternative Options Considered

Do nothing – the heritage assets would continue to deteriorate, resulting in loss of heritage significance and poor image, and creating potential for reputational damage to the Council.

Agreed:-

(1)          that Cabinet endorse the signing of a Memorandum of Understanding between the Council and the Chance Heritage Trust relating to the heritage – led regeneration of the Chance Glassworks site;

(2)     that details of the allocation of approved Black Country Local Enterprise Partnership Capacity Funding to support the regeneration of the Chance Glassworks Site be received.

To approve the Empty Property Strategy 2023 - 2028, including the introduction of empty property loans and the use of Planning Act enforcement powers by the Empty Property Officer.

Agreed that approval be given to the Empty Property Strategy 2023 - 2028, including the introduction of empty property loans and the use of Planning Act enforcement powers by the Empty Property Officer.

                  Approval was sought to the Empty Property Strategy 2023 – 2028, including the introduction of empty property loans and the use of Planning Act enforcement powers by the Empty Property Officer.

The Chair of the Budget and Corporate Scrutiny Management Board questioned how the strategy proposed to tackle the issue of planning enforcement lacking a specific budget to carry out works and then recharge these against the property where an owner had repeatedly failed to comply with requests to improve their empty property.

The Cabinet Member for Housing confirmed that £750,000 had been allocated to fund home improvement loans. Implementing a loan scheme would enable this funding to be recycled and used for multiple interventions across the life of the strategy. Additionally, the Empty Property Officer would have powers to make owners carry out repairs to remove hazards from empty properties to ensure they were managed and safe to live in. Civil Penalty powers would be used to charge owners for non-compliance with such notices. Revenue from such penalties would be recycled back into housing standards work

                  Reasons for decision

The private sector housing market is a key resource in providing the housing needs of the borough. Family homes are always in high demand, yet there are a large number of them remaining empty and unmanaged, blighting communities and removing good homes from the market. The Council has identified privately owned empty properties as one of its key priority areas in relation to private rented and owner-occupied housing.

Alternative options considered

Choose not to have an empty homes strategy and / or continue to provide a reactive service to complaints about empty properties dealing with nuisance and open to access only in addition to applying increased council tax charges.

Agreed that approval be given to the Empty Property Strategy 2023 - 2028, including the introduction of empty property loans and the use of Planning Act enforcement powers by the Empty Property Officer.

To approve the s.151 officer to sign and enter into contract with Gamma Energy Ltd., the successful bidder for the installation of Electric Vehicle (EV) chargepoints across the Black Country

Agreed:-

(1)          that approval be given for the s.151 officer to sign and enter into contract with Gamma Energy Ltd., the successful bidder for the installation of Electric Vehicle (EV) chargepoints across the Black Country with the initial call-off covering the Office for Zero Emission Vehicles (OZEV) On-street Residential Chargepoint Scheme (ORCS) funded project at a value of £400,574, but call-offs up to a total of £2.5million are possible.

(2)          that in connection with 1.1 above, the conditions relating to the grant-funded element and the revenue share implications be received.

                  Approval was sought to authorise the Section151 Officer to sign and enter into a contract with Gamma Energy Ltd., the successful bidder for the installation of Electric Vehicle (EV) chargepoints across the Black Country with the initial call-off covering the Office for Zero Emission Vehicles (OZEV) On-street Residential Chargepoint Scheme (ORCS) funded project at a value of £400,574, but call-offs up to a total of £2.5million are possible.

The Chair of the Budget and Corporate Scrutiny Management Board asked what the Council were doing to address the need for ever-increasing requirements for charging points as a result of the end of new petrol and diesel cars in the UK by 2030.

The Cabinet Member for Regeneration and Growth stated that the proposed contract was specifically to provide on-street charge points in residential areas where there is no off-street parking and thus no ability for people to locate charge points within their own property boundary.

Further funding was available through the City Region Sustainable Transport Settlement (CRSTS) to increase the number of charge points in Sandwell to the target figure of 250 by 2025 as set out in the Black Country ULEV Strategy.

This target was based on the forecast number of EVs likely to be in use in areas without off-street parking by that date.

There would be further rounds of Government funding through the Office for Zero Emission Vehicles specifically targeted at areas without off-street parking and Sandwell would take every opportunity to bid for such funds.

Residents with driveways that own electric vehicles would continue to be expected to provide their own charge points.

In addition to the ORCS funding, the West Midlands Combined Authority was seeking to provide 10 Charging Area Transit Stations, effectively service stations for EVs with rapid charging facilities, across the West Midlands through CRSTS. At least one of these would be located in Sandwell.

Planning policies would require all new residential, office, retail and leisure developments and any major extension proposals to include EV charging in their design.

The LGA had responded to Government that Local Authorities are best placed to establish where EV charging was required and was lobbying Government to increase the amount funding available to LAs to bring this about.

Reasons for Decision

This contract will be used to deliver 37 public dual socket chargepoints (74 sockets) in residential areas where residents do not have access to off-street parking and are therefore not able to charge their vehicles on driveways with a private charge point, as is the norm. The funding will therefore deliver approximately 40% of the 7kW chargepoints required by 2025 in order to support Sandwell’s transition to electric vehicles in the light of the Government’s intended ban on the sale of new petrol and diesel vehicles in 2030, as outlined in the Black Country ULEV (Ultra Low Emission Vehicles) Strategy.

                  Alternative Options Considered

                  The decision to progress with this approach was the culmination of months of discussions and independent advice. The concession model was chosen as the  ...  view the full minutes text for item 232/21

To approve grants to voluntary organisations with effect from April 2023 until March 2026.

Agreed:-

(1)          that approval is given to allocating the following grants to voluntary organisations with effect from April 2023 until March 2026:

Approval was sought to allocate grants to voluntary organisations from April 2023 until March 2026.

The Chair of the Budget and Corporate Scrutiny Management Board sought further clarification on why the Council was not reviewing its model to check that it was still the best option available since it appeared that this approach had been agreed 10 years ago.

The Cabinet Member for Communities explained that the model was flexible and had changed over time. It was kept under continuous review, primarily through monthly meetings with managers of services. Adjustments had been made to delivery to take account of external factors such as welfare reform, Brexit and Covid, as well as responding to the changing needs of residents.

It was also confirmed that no new providers had been able to bid for a grant. Additional resources would be needed to develop new less experienced providers and that it would not be in the best interests of residents to do this by reducing funding to very experienced local providers with a strong track record in delivering positive outcomes for their clients.

Reasons for recommendations

Stable funding will enable providers to retain skilled advisers and to continue to work well together to deliver high quality services that respond flexibly to changes in need. This is particularly important as residents are facing increased hardship as a result of the cost of living crisis and the need for free, high quality, community-based benefits, debt and budgeting advice is more important than ever.

Alternative options considered

1)   Reduce levels of funding to vcs providers – this is not a viable option when demand for services are increasing because of the cost of living crisis.

2)   Move to contracts - this is highly likely to cause disruption and uncertainty amongst providers just at a time when we need a stable advice offer for our residents to support them through the cost of living crisis. We need providers to continue to focus their energy and creativity on delivery - meeting residents’ needs, rather than competing with each other to secure continued funding.

Agreed:-

(1)          that approval is given to allocating the following grants to voluntary organisations with effect from April 2023 until March 2026:

(Councillors Ahmed, Hartwell and Simms left the room during consideration of this matter and did not take part in the discussion)

To receive updates on the progress against the Improvement Plan up to 3 November 2022.

Agreed:-

(1)          that progress against the Improvement Plan up to 3 November 2022 be received;

(2)          that the Improvement Plan Risk Register be received;

(3)          that Cabinet receive changes to the Improvement Plan;

(4)          to receive any recommendations or comments made by Audit and Risk Assurance Committee, and Budget and Corporate Scrutiny Management Board in relation to the Improvement Plan progress;

(5)          to recommend to Council that this report along with the September progress report and an accompanying letter be submitted to the Secretary of State for Levelling up, Housing and Communities to form the Council’s 6 monthly update on progress against the Improvement Plan.

Approval was sought to recommend to Council that the Improvement Plan Progress report, along with the September progress report and an accompanying letter be submitted to the Secretary of State for Levelling up, Housing and Communities to form the Council’s 6 monthly update on progress against the Improvement Plan.

Recent return visits occurred from Grant Thornton, the LGA and CIPFA. The LGA had recognised the significant progress that has been made and the Council was awaiting the final review reports from Grant Thornton and CIPFA; members would be updated further once these reports had been received.

Consideration was also given to the re scrutiny feedback of the Budget and Corporate Scrutiny Management Board from their meeting held on 29 November 2022.

The Leader thanked everyone who had been involved and committed to driving through improvements.  

Reasons for recommendations

Under the Statutory Directions, the council is required to report progress against the Improvement Plan to the Department of Levelling Up, Housing and Communities every six months. The first report is due for submission by 22 December 2022. It is proposed that this report, along with the quarterly update received by Cabinet in September will form the basis of the report to the Secretary of State along with a covering letter. Council are responsible for approving the report made to the Secretary of State and Cabinet will make a recommendation to Council.

Alternative options considered

The Value for Money Governance Review was undertaken as part of the external auditor’s role to provide assurance on the council’s arrangements for securing economy, efficiency and effectiveness in its use of resources. As the report includes statutory recommendations the council has a legal obligation to respond appropriately.

The Directions issued by the Secretary of State are a statutory requirement and the council has a legal obligation to respond appropriately. Failure to do so would likely result in further intervention measures.

Reviewing progress against the Improvement Plan enables senior officers and members have oversight of delivery, and take corrective action, as necessary.

Alternative formats for reporting to the Secretary of State could be adopted, however the proposal to submit a covering letter along with the quarterly reports made to Cabinet makes use of existing reports. The Department for Levelling Up, Housing and Communities confirmed that this would be an acceptable format to them.

Agreed:-

(1)          that progress against the Improvement Plan up to 3 November 2022 be received;

(2)          that the Improvement Plan Risk Register be received;

(3)          to recommend to Council that this report along with the September progress report and an accompanying letter be submitted to the Secretary of State for Levelling up, Housing and Communities to form the Council’s 6 monthly update on progress against the Improvement Plan.

To approve the Sandwell Development Plan Issues and Options document for public consultation for six weeks commencing in February 2023.

Agreed:-

(1)          that Cabinet approves the Sandwell Development Plan Issues & Options document for public consultation for six weeks commencing in February 2023;

(2)          that the Director - Regeneration & Growth, in consultation with the Cabinet Member for Regeneration & Growth, be authorised to make minor amendments, if required, to the Issues & Options document prior to the start of public consultation;

(3)          that Cabinet authorises the opening of a Call for Sites exercise for six weeks commencing in February 2023.charges addressed within the Medium Term Financial Plan.

Approval was sought for the Sandwell Development Plan Issues & Options document for public consultation for six weeks commencing in February 2023. The consultation would be a key to a successful adoption of the Local Plan.

The Chair of the Budget and Corporate Scrutiny Management Board asked how the Sandwell Local Plan could be well publicised so that residents were aware of its importance.

The consultation and engagement approach to the new Local Plan would broadly follow that used for the Black Country Plan. Officers intended to use the full range of social media and online engagement tools combined with the more traditional print media such as the local press and the Sandwell Herald. There would also be a press statement issued prior to the consultation starting and reminders prior to the closing date

Reasons for recommendations

One of the first stages in the preparation of this new Local Plan is to undertake a public consultation on an Issues & Options document; and also the opening of a Call for Sites Exercise. To meet the timetable published in Sandwell’s Local Development Scheme (November 2022), these stages need to commence in early 2023.

Alternative options considered

The preparation of a Local Plan is a statutory requirement under planning legislation. The process for preparing a Local Plan is set out in legislation and guidance. As a result, there are no alternative solutions to the preparation of a new local plan for Sandwell, which is a matter of increasing urgency. Options relating to the form and content of the Local Plan were set out in the report to Cabinet on 16th November 2022.

Agreed:-

(1)          that approval be given to the Sandwell Development Plan Issues & Options document for public consultation for six weeks commencing in February 2023;

(2)          that the Director - Regeneration & Growth, in consultation with the Cabinet Member for Regeneration & Growth, be authorised to make minor amendments, if required, to the Issues & Options document prior to the start of public consultation;

(3)          that approval be given to the opening of a Call for Sites exercise for six weeks commencing in February 2023.charges addressed within the Medium Term Financial Plan.

To approve the allocation of funding of Better Care Fund (BCF) investment in a two plus one-year contract for a Community Dementia Support Service for Sandwell.

Agreed:-

(1)      that the Director Adult Social Care be authorised to allocate a sum of £376k exclusive of VAT per annum of Better Care Fund (BCF) investment in a two plus one-year contract for a Pre-& Post Dementia Diagnostic Support Service for Sandwell and to award the contract to the successful tenderer;

(2)      that the Director Adult Social Care be authorised to award the Service Funding and contract following a competitive tender process to the successful organisation;

(3)      that the Director Adult Social Care be authorised to work jointly with partners to implement the agreed model which will be overseen by the Sandwell Joint Partnership Board;

(4)      that the Director of Law and Governance be authorised to execute any documents necessary to give effect to the proposals in recommendation 1.2 for the provision of a Pre-& Post Dementia Diagnostic Support Service and enter into a contract with the successful organisation;

(5)      that Cabinet approve variations to the Contract up to a maximum of 10% of the contract value, should they be necessitated, and that authority to approve such variations be delegated to the appropriate Chief Officer in consultation with the relevant Cabinet Member;

(6)      that Cabinet approve an exemption to rule 8.8 (and any other applicable parts) of the Contract Procedure Rules July 2022 to allow the contract to be awarded to the successful tenderer in the event that the required minimum number of tenders are not received.

                  Approval was sought to authorise the Director - Adult Social Care to allocate a sum of £376k exclusive of VAT per annum of Better Care Fund (BCF) investment in a two plus one-year contract for a Pre-& Post Dementia Diagnostic Support Service for Sandwell and to award the contract to the successful tenderer.

The model had been evidenced in the Department of Health and Social Care’s new 10-year dementia plan which was awaiting publication. The model was showcased at the Alzheimer’s Society national conference in May 2022.

                  Reasons for Decision

To ensure continued access to this valued service for local people living with the effects of dementia and provide stability for the service it is recommended that contract length should be for two years with the option to extend for a further year.

Alternative Options Considered

There were no alternative options considered.

Agreed:-

(1)          that the Director Adult Social Care be authorised to allocate a sum of £376k exclusive of VAT per annum of Better Care Fund (BCF) investment in a two plus one-year contract for a Pre-& Post Dementia Diagnostic Support Service for Sandwell and to award the contract to the successful tenderer;

(2)          that the Director Adult Social Care be authorised to award the Service Funding and contract following a competitive tender process to the successful organisation;

(3)          that the Director Adult Social Care be authorised to work jointly with partners to implement the agreed model which will be overseen by the Sandwell Joint Partnership Board;

(4)          that the Director of Law and Governance be authorised to execute any documents necessary to give effect to the proposals in Resolution (2) for the provision of a Pre-& Post Dementia Diagnostic Support Service and enter into a contract with the successful organisation;

(5)          that Cabinet approve variations to the Contract up to a maximum of 10% of the contract value, should they be necessitated, and that authority to approve such variations be delegated to the appropriate Chief Officer in consultation with the relevant Cabinet Member;

(6)          that Cabinet approve an exemption to rule 8.8 (and any other applicable parts) of the Contract Procedure Rules July 2022 to allow the contract to be awarded to the successful tenderer in the event that the required minimum number of tenders are not received.

(Councillor Hughes left the room during consideration of this matter and did not take part in any discussion)

To seek approval to make significant alternation to provide 20 Focus Provision places at Upland Manor Primary School, Smethwick following the four-week statutory consultation.

Agreed that approval be given for the significant alternation to provide 20 Focus Provision places at Upland Manor Primary School, Addenbrooke Road, Smethwick B67 6HT, following the four-week statutory consultation.

Approval was sought to the significant alteration to provide 20 Focus Provision places at Upland Manor Primary School, Addenbrooke Road, Smethwick B67 6HT, following the four-week statutory consultation.

Following a query raised by scrutiny members, the Cabinet Member for Children Services and Education offered to work closely with Scrutiny Members to ensure that any future reports regarding similar matters were clear and concise.

Reasons for recommendations

The Focus Provision Unit will increase the pupil numbers by providing 20 places for children with severe learning disabilities and associated needs. The DfE ‘Making Significant Changes (Prescribed Alternations) to Maintained Schools’ requires that when the Local Authority is proposing a significant alteration, i.e. altering a school’s existing SEN provision it must consult upon the proposal and make a formal decision to make the alteration permanent.

Alternative options considered

The pupil admission number remains the same and the former children’s centre remains empty. This would leave a shortage of special educational need places in the borough.

5.2 There is no alternative accommodation in the borough that could provide the places required for 2022/2023.

Agreed that approval be given for the significant alternation to provide 20 Focus Provision places at Upland Manor Primary School, Addenbrooke Road, Smethwick B67 6HT, following the four-week statutory consultation.

To receive the financial monitoring position as at 30 September 2022 and refer the report to the Budget and Corporate Scrutiny Management Board for consideration and comment.

Agreed:-

(1)      that Cabinet note the financial monitoring position as at 30 September 2022 and refer the report to the Budget and Corporate Scrutiny Management Board for consideration and comment;

(2)      that Cabinet approve the following budget virements above £1m in line with the revised delegated limits for Cabinet Members and Directors: -

(3)      that Cabinet approve an allocation of £356,634 Covid funding to Sandwell Children’s Trust to cover pressures relating to the pandemic experienced by them during 2021/22.

Approval was sought to make budget virements above £1m in line with the revised delegated limits for Cabinet Members and Directors. The projected overspend had reduced since the previous quarter, but members were minded that it was still important to reduce the use of reserves in 2022/23.

The Chair of the Budget and Corporate Scrutiny Management Board asked for further comments on the delayed savings that were listed as an area of concern; six of those listed were regarding adult services.

The Deputy Leader and Cabinet Member for Finance and Resources explained that the double handed care project had been delayed but would be in place and full savings would be achieved next financial year.

COVID funding had been allocated to the directorate for them to undertake social care reviews and these were expected to identify savings that could cover the first two items in 2023/24.

Walker Grange had a number of empty flats that were being modernised and once this work was complete the savings would be achieved.

Willow Gardens had been slowly occupied but the level of vacant properties had meant that the saving hadn’t been achieved as quickly as hoped. Communication to increase awareness of the facility was under way.

This proposed saving for Borough Economy would form part of the wider work that was ongoing around leisure provision in the area.

Regarding savings within Regeneration, the lease had been terminated and the full saving would be achieved next financial year.

Reasons for recommendations

Section 151 of the 1972 Local Government Act requires the Chief Financial Officer to ensure the proper administration of the council’s financial affairs. Budgetary control, which includes the regular monitoring and reporting of budgets is an essential element in discharging this statutory responsibility. The recommended treatment of the year end variances supports the financial sustainability of the council.

Alternative options considered

There are limited alternatives to the recommendations included in this report. Cabinet could decide not to allow the proposed use of reserves by directorates, but this would increase the projected overspend and result in a further reduction in the council’s general fund balance.

Agreed:-

(1)          that details of the financial monitoring position as at 30 September 2022 be received and referred to the report to the Budget and Corporate Scrutiny Management Board for consideration and comment;

(2)          that Cabinet approve the following budget virements above £1m in line with the revised delegated limits for Cabinet Members and Directors: -

(3)          that Cabinet approve an allocation of £356,634 Covid funding to Sandwell Children’s Trust to cover pressures relating to the pandemic experienced by them during 2021/22.

To consider progress on the further development of the Corporate Performance Management Framework and approve the Q2 monitoring reports.

Agreed that Cabinet consider progress on the further development of the Corporate Performance Management Framework and approve the Q2 monitoring reports.

Approval was sought to the Q2 monitoring report of the performance framework.

Good progress had been made against many of the commitments in the Performance Management Framework. A major step forward had been made in providing consolidated performance and risk reporting for Cabinet. Further reports would be brought to Cabinet on the remaining commitments in due course.

Reasons for recommendations

Council approved a corporate Performance Management Framework (PMF) on 12 April 2022, to address the recommendations of the Governance Value for Money Review by Grant Thornton and as a key element of the Council’s Improvement Plan.

Since April, the corporate PMF has been further refined and built into business processes. Reporting on Q1 was presented to Cabinet on 28 September 2022. The report on Q2 seeks to build on the intelligence gathered for Q1 and offers the opportunity to assess in year progress.

Alternative options considered

The Directions issued by the Secretary of State, including the requirement to have a performance management framework in place, are a statutory requirement and the council has a legal obligation to respond appropriately. Failure to do so would likely result in further intervention measures.

The council had various options on what type of performance management framework to establish. Our approach has been developed through understanding the needs of the organisation and drawing on best practice from other local authorities. As the Council continues the improvement journey, the PMF will evolve to meet our changing requirements.

Agreed that details of progress made on the further development of the Corporate Performance Management Framework and the Q2 monitoring reports be received.

That the public and press be excluded from the rest of the meeting. This is to avoid the possible disclosure of exempt information under Schedule 12A to the Local Government Act, 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, relating to the financial and business affairs of any person, including the authority holding that information.

Resolved that the public and press be excluded from the rest of the meeting to avoid the possible disclosure of exempt information under Schedule 12A to the Local Government Act, 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, relating to the financial and business affairs of any person, including the authority holding that information.

To consider proposals in relation to Black Country ways of working.

Agreed:-

(1)   that approval be given to the closure of the Black Country Consortium Limited

(2)   that Cabinet note the following Association of Black Country Authorities Leaders’ approvals made at their meeting held on 19th October 2022.

a)        Acknowledge the track record and positive contribution enabled by BC Consortium Ltd.

b)        A calling of a directors meeting of Black Country Consortium Ltd in January 2023 with a recommendation to voluntary wind up the company at a date to be advised and agreed during 2023.

c)         A commitment to working towards a goal of a clear regional arrangement for data and intelligence clarifying roles and responsibilities and in the interim hosting of Black Country Consortium Economic Intelligence team via Walsall MBC who will still continue to provide via a service level agreement data and intelligence to Black Country Councils as required.

d)        A fit for purpose and timely arrangement for a TUPE transfer arrangement for Active Black Country, currently hosted via Black Country Consortium Ltd to an independent entity arrangement, noting local authority hosting offers in principle from the City of Wolverhampton Council and Sandwell MBC.

e)        A potential hosting/ integration of current cultural/ visitor economy expertise by one of the BC local authorities.

f)          Historical BCC Ltd company deferred pensioners and pensioners liabilities split as a liability equally across the 4 BC councils, noting pension liabilities for BCC Ltd are already reflected on Black Country Councils balance sheets.

g)        A report to individual local authority cabinets (November / December 2022) to endorse the closure of BCC Ltd.

Approval was sought to the closure of the Black Country Consortium Limited.

Reasons for recommendations

The 2022 Levelling White Paper signalled the current shift in policy direction and a significant change in economic development architecture, namely emphasising and empowering local leadership and improving pride of place. This shift provides the latest context for a root and branch review of how streamlining ways of working at a Black Country geography needs to be reflected.

Alternative options considered

There are no alternative options as the Association of Black Country Authorities Leaders meeting held on 19 October 2022 has agreed to the closure of the company. The recommendations in the report are for each of the ABCA Cabinets to confirm the action taken.

Agreed:-

(1)     that approval be given to the closure of the Black Country Consortium Limited

(2)     that the following Association of Black Country Authorities Leaders’ approvals made at their meeting held on 19th October 2022 be noted:

a)   Acknowledge the track record and positive contribution enabled by BC Consortium Ltd.

b)   A calling of a directors meeting of Black Country Consortium Ltd in January 2023 with a recommendation to voluntary wind up the company at a date to be advised and agreed during 2023.

c)    A commitment to working towards a goal of a clear regional arrangement for data and intelligence clarifying roles and responsibilities and in the interim hosting of Black Country Consortium Economic Intelligence team via Walsall MBC who will still continue to provide via a service level agreement data and intelligence to Black Country Councils as required.

d)   A fit for purpose and timely arrangement for a TUPE transfer arrangement for Active Black Country, currently hosted via Black Country Consortium Ltd to an independent entity arrangement, noting local authority hosting offers in principle from the City of Wolverhampton Council and Sandwell MBC.

e)   A potential hosting/ integration of current cultural/ visitor economy expertise by one of the BC local authorities.

f)     Historical BCC Ltd company deferred pensioners and pensioners liabilities split as a liability equally across the 4 BC councils, noting pension liabilities for BCC Ltd are already reflected on Black Country Councils balance sheets.

g)   A report to individual local authority cabinets (November / December 2022) to endorse the closure of BCC Ltd.