Minute
North Lanarkshire Council · 8 June 2023
Back to Policy and Strategy Committee — 8 June 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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POLICY AND STRATEGY - 8 JUNE 2023 1 8 June 2023 at 2.00 pm. A Meeting of the POLICY AND STRATEGY COMMITTEE PRESENT Councillor Logue, Convener; Councillor Roarty, Vice-Convener; Councillors Barclay, Beveridge, Brannan-McVey, Campbell, Carragher, Duffy, Goldie, Jones, Larson, Leckie, Loughran, Masterton, McBride, Nolan, Robinson, Smith, Stevenson, A. Stubbs, Sullivan and Watson. ALSO PRESENT In accordance with Standing Order 64(A) Councillor M. McCulloch attended as a substitute for Councillor Kelly. CHAIR Councillor Logue (Convener) presided. IN ATTENDANCE The Chief Executive; Depute Chief Executive; Chief Officer (Health and Social Care); Chief Officer (Finance); Chief Officer (Legal and Democratic); Chief Officer (Business and Digital); Chief Officer (Audit and Risk); Chief Officer (Strategic Communication and Engagement); Chief Officer (People Resources); Chief Officer (Education – North); Chief Officer (Assets and Procurement), and Democratic Services Manager. APOLOGIES Councillor Kelly. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillor Carragher, due to a family member assisting with the ASN provision, declared a connection amounting to a declarable interest in respect of paragraph 9 – Club 365 – Review and Summer Proposal Report (2022) – and left the meeting during consideration of this item of business. MINUTE OF MEETING OF THE AUDIT AND SCRUTINY PANEL HELD ON 16 FEBRUARY 2023 2. There was submitted the Minute of the meeting of the Audit and Scrutiny Panel held on 16 February 2023. Decided: that the Minute of the meeting of the Audit and Scrutiny Panel held on 16 February 2023 be approved. FIVE-YEAR MEDIUM TERM FINANCIAL PLAN 2024/25 TO 2028/29 3. There was submitted a report by the Chief Officer (Finance) (1) providing an interim update on the five-year financial forecast; (2) outlining the challenges faced by the Council in maintaining medium term financial stability, whilst achieving its strategic priorities; (3) attaching, as Appendices to the report, scenario illustrations of future financial positions, together with a summary of financial movement since the last Medium Term Financial Plan report; (4) reminding the Committee of a report submitted to the Council at its meeting on 23 February 2023 which had sought agreement to change
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POLICY AND STRATEGY - 8 JUNE 2023
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the accounting methodology in respect of existing service concessions (PPP arrangements) which
had resulted in a budget saving of £4.000m and highlighting that, as indicated in the report, because
the change of accounting methodology does not represent a saving over the life of the asset, the
Council would have to ensure that there was adequate budgetary financial provision in the future to
meet all costs which would require financial modelling to be undertaken; (5) indicating that the review
of the PPP financial award had been undertaken to demonstrate affordability and sustainability and
reflects the future changes previously highlighted in respect of implementing the new accounting
standard, with the review confirming the robustness of the model and that funding is in place to meet
the future financial obligations of these establishments, and (6) confirming that, in line with the
principles of the Revenue Resources Budget Strategy, Council Officers would work with Elected
Members to ensure options for potential solutions are presented to enable the Council to address the
budget gap in each financial year and to meet its legal obligation to settle a balanced budget and, in
this respect, providing a summary of the newly formed Financial Planning Advisory Group, comprising
cross party membership, which would give full consideration to this position.
The Committee was also provided with an additional document detailing scenario planning in respect
of budget gaps.
Decided:
(1) that the updated medium term Financial Plan 202425-2028/29 be acknowledged;
(2) that it be acknowledged that this Plan would be subject to ongoing review with an update to
be reported to the Committee at its meeting in September 2023;
(3) that it be recognised that, as detailed in the report, engagement by Officers with Elected
Members is required to ensure that options to address the budget gap in each financial year
are identified in order to enable the Council to set a balanced budget, and
(4) that the PPP affordability review saving, as identified in the report, be approved.
CODE OF CONDUCT FOR CHIEF OFFICERS
4. There was submitted a report by the Chief Officer (Legal and Democratic) seeking approval of the
updated and revised Code of Conduct for Chief Officers (1) explaining that, in order to bring the Code
of Conduct for Chief Officers up to date and to reflect the current organisational arrangements, the
Monitoring Officer, following consultation with the Chief Executive, had reviewed the Code and made
a number of revisions; (2) attaching, as an Appendix to the report, the revised Code of Conduct for
Chief Officers, and (3) highlighting that, in addition to the updating of the Code to reflect organisational
changes, sections in the report relating to police enquiries and potential conflicts of interest have been
expanded to include more explicit wording in respect of the particular requirements in those areas.
Decided: that the revised Code of Conduct for Chief Officers be approved.
REGULATION OF INVESTIGATORY POWERS (SCOTLAND) ACT 2000 - UPDATE
5. There was submitted a report by the Chief Officer (Legal and Democratic) (1) informing the Committee
that the Council is required to have policies and procedures in place to manage covert surveillance
activities carried out under the Regulation of Investigatory Powers (Scotland) Act 2000 ("RIPSA"); (2)
advising that the Scottish Government's "Covert Surveillance and Property Interference: Code of
Practice" and "Covert Human Intelligence Sources: Code of Practice" require that Elected Members
should review the Council's use of RIPSA and set the policy annually; (3) seeking approval of the
Council's policy and procedure of directed surveillance, use of covert human intelligence sources and
obtaining communications data which has been updated to ensure continued compliance with the
Council's obligations under RIPSA and associated statutory guidance; (4) informing the Committee ofPage 3
POLICY AND STRATEGY - 8 JUNE 2023 3 the extent of the use by the Council of powers under this legislation during the previous five years, as well as summarising actions taken by the Chief Officer (Legal and Democratic) to ensure continued compliance and increased awareness across Services, and (5) attaching, as an Appendix to the report, the updated policy and procedure on Directed Surveillance, the use of Covert Human Intelligence Sources and Obtaining Communications Data. The Chief Officer (Legal and Democratic) orally informed the Committee that within the policy document, the list of authorising officers required to be amended by replacing the Chief Officer (Adult Social Work Services) with Manager, Adult Social Work. Decided: (1) that the updated policy and procedure on Directed Surveillance, the use of Covert Human Intelligence Sources and Obtaining Communications Data, as required by paragraph 4.43 of the Scottish Government's Covert Surveillance and Property Interference: Code of Practice and paragraph 3.27 of the Scottish Government's Covert Human Intelligence Sources: Code of Practice be approved, and (2) that the Council's use of its powers under RIPSA as required by paragraph 4.43 of the Scottish Government's Covert Surveillance and Property Interference: Code of Practice and paragraph 3.27 of the Scottish Government's Covert Human Intelligence Sources: Code of Practice be noted. STRATEGIC COMMISSIONING PLAN 2023 – 26 6. There was submitted a report by the Chief Officer (Planning, Performance and Quality Assurance) (1) explaining that the Strategic Commissioning Plan is relevant to all National Outcomes and the detail on the delivery of the Plan would be set out in a separate Programme of Work which would be presented to the North Lanarkshire IJB in the summer of 2023; (2) outlining the engagement and consultation process which has taken place culminating in approval of the draft version of the Plan by the IJB at its meeting on 30 November 2022, subject to that final consultation process during the months of December 2022, and January and February 2023; (3) explaining that, upon the final version of the Plan being approved, it will be graphically designed and published online, and (4) attaching, as Appendices to the report, (i) the Strategic Commissioning Plan 2023-26; (ii) a Strategic Needs Analysis; (iii) survey feedback, and (iv) the Equality Impact Assessment. Decided: that the final version of the Strategic Commissioning Plan 2023-26 be recognised. INFORMATION GOVERNANCE POLICIES AND GUIDANCE: BIENNIAL REVIEW AND UPDATE 2023 7. There was submitted a report by the Chief Officer (Business and Digital) (1) explaining that, in line with the Council’s approved Strategic Policy Framework, all Information Governance policies and guidance notes are considered sub-policies of the Digital and IT Strategy, approved by the Committee in June 2019; (2) reminding the Committee that it had, at that time, noted that the Information Governance Policy Framework would be reviewed every two years; (3) informing the Committee that the last revision of these policies had been approved by it on 18 June 2021 with the latest biennial review having now been completed and, attaching as Appendices to the report, the revised policies; (4) advising that guidance and supporting documentation in respect of the overarching framework continue to be reviewed and developed and would be published and communicated as appropriate and required, and (5) introducing the proposed Payment Card Industry Data Security Standard (PCI DSS) policy to govern Council processing of credit and debit card payments, thereby ensuring best practice, compliance with industry standards and heightened safeguards for customers and the Council.
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POLICY AND STRATEGY - 8 JUNE 2023 4 Decided: (1) that the introduction of the Payment Card Industry Data Security Standard policy for inclusion in the suite of Information Governance policies be endorsed, and (2) that the revised Information Governance policies be approved. CHANGES TO MILEAGE LIMITS FOR MAINSTREAM HOME TO SCHOOL TRANSPORT – CONSULTATION OUTCOME 8. There was submitted a report by the Chief Officer (Education – North) (1) informing the Committee that, following a decision by the Council, a formal consultation had been carried out on changes to the qualifying criteria for free home to school transport; (2) explaining that the changes would increase existing mileage limits to levels more commensurate with the current legislative position and with those levels adopted by a number of other local authorities; (3) confirming that, if approved, the changes were expected to significantly reduce rising expenditure in this area and to contribute to the Council’s overall budget savings plan; (4) detailing that the consultation had been carried out in accordance with the Schools (Consultation) (Scotland) Act 2010 and included an online survey, dedicated e-mail and nine public events held across North Lanarkshire with the process having been inspected and reviewed by Education (Scotland), who had published a report which had been considered in full by the Service; (5) advising that an analysis of the responses received indicated that a clear majority of respondents do not favour the changes, siting concerns that include, a lack of safe walking routes, the impacts of inclement weather and a potential increase in traffic around schools as parents may opt to use cars as an alternative means of transport, and (6) intimating that the Service had committed to assessing all routes identified as potentially unacceptable for walking prior to the implementation of any changes and to providing schools and parent bodies with support and guidance on developing local active travel plans and traffic management assessments and audits. Councillor Logue, seconded by Councillor Roarty, moved, as a Motion, the terms of the report. Councillor A. Stubbs, seconded by Councillor Carragher, moved, as an Amendment, the following:- (1) acknowledges the outcomes of the Council's statutory consultation on changes to home to school transport distance eligibility criteria, the results of which show concerns raised by Education Scotland, the Diocese of Motherwell and Archdiocese of Glasgow and of St. Andrew's in Edinburgh, as well as the objections raised by 94% of those stakeholders who took part; (2) acknowledges that no costs have been established for the exercise to take place to establish the safety of walking routes for those children and young people who are affected, nor the associated costs of safety improvements; (3) notes that no figures have yet been published on the number of children and young people who will be affected by the proposed change, and (4) agrees that, following the conclusion of the statutory consultation, the decision made by the Council at its meeting on 23 February 2023, that mileage limits for mainstream home to school transport had changed to better reflect the legislative position, be not implemented. Thereon, the Convener ruled that, in accordance with Standing Order 31 and the Local Government Finance Act 1992, Part 4 of the Amendment was not competent. Accordingly, the terms of the Amendment were not considered.
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POLICY AND STRATEGY - 8 JUNE 2023 5 Decided: (1) that the outcomes of the Council’s statutory consultation on changes to home to school transport distance eligibility criteria be acknowledged, and (2) that, following conclusion of the statutory consultation, the decision made by the Council at its meeting on 23 February 2023 that mileage limits for mainstream home to school transport are changed to better reflect the legislative position, to protect other services by reducing costs for an unpredictable transport market and to encourage participation in more active, cleaner and greener travel, be implemented. Prior to consideration of the following item of business, Councillor Carragher, due to a family member assisting with the ASN provision, had declared a connection and left the meeting during consideration of the matter CLUB 365 – REVIEW AND SUMMER PROPOSAL REPORT (2023) 9. There was submitted a report by the Chief Officer (Education – North) (1) confirming that the Council has a range of established holiday provision and other successful programmes including Club 365 for primary age children in receipt of free school meals; (2) indicating that, as Club 365 enters its sixth year of delivery, it is recognised that key objectives for the programmes' operating model are now reflected in emerging national policy initiatives, and (3) providing an update on (a) attendance over the Spring break, and (b) the Summer model, inclusive of the proposal to increase the Additional Support Needs (ASN) offer across the Council in anticipation that the Service would continue to receive Scottish Government funding for the academic year. The Convener indicated to the Committee that notification had been received by the Council from COSLA that the Scottish Government would no longer be funding this programme and proposing that, in light of this information (1) the pilot programme to increase the ASN offer be approved, and (2) all other elements be continued for consideration by the Council at its meeting on 22 June 2023. Decided: (1) that the pilot programme to increase the ASN offer be approved, and (2) that all other elements be continued for consideration by the Council at its meeting on 22 June 2023. SETTING THE SUSTAINABLE RATES: REVIEW 10. There was submitted a report by the Chief Officer (Education – North) (1) informing the Committee that, under Section 47(1) of the Children and Young People (Scotland) Act 2014, education authorities must ensure that the statutory amount of funded early learning and childcare elements of 1140 hours is made available for each eligible child; (2) explaining that councils across Scotland work with both council-run services and local partner providers in the private and the not-for-profit sectors, including childminders, to ensure that there is sufficient capacity to deliver 1140 hours to all eligible families in their areas; (3) detailing the Scottish Government and COSLA published national guidance regarding Funding Follows the Child and the National Standard for Funded Early Learning and Childcare Providers in May 2022; (4) advising that, under Funding Follows the Child, local authorities are required to set an hourly rate that is paid to funded providers in the private and voluntary sectors, including childminders, to deliver the funded entitlement and that this rate should be sustainable and reflect national policy priorities, including funding to enable payment of the Scottish Living Wage to all childcare workers delivering funded entitlement; (5) providing, within the report, tabular information relating to historical payments made to funded providers, and (6) recommending, in tables 4 and 5 of
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POLICY AND STRATEGY - 8 JUNE 2023 6 the report, that an uplift of 1.8%, for staff costs and inflation, be applied with no additional uplift for reinvestment being applied, with the total estimated cost to the Council being £0.290m. Decided: that the recommendation to increase the hourly rate that is paid to partner providers to deliver the funded entitlement of early learning and childcare be endorsed. CONTRACT AWARD FOR POSTAL SERVICES 11. There was submitted a report by the Chief Officer (Strategic Communication and Engagement) seeking approval of the award of a contract for Lot 1 – Physical Mail Services to Royal Mail Group Limited and Lot 2 – Hybrid, Scheduled, Bulk/Planned to Critiqom (now trading as Adare SEC) with both contracts having a duration of 2.5 years and with the anticipated aggregate spend across both Lots being £2,280,282.75 exclusive of VAT. Decided: that the contract award proposals be approved in respect of Lot 1 – Physical Mail Services to Royal Mail Group Limited for 2.5 years with a contract value of £601,771.70, exclusive of VAT, and Lot 2 – Hybrid, Scheduled, Bulk/Planning to Critiqom (now trading as Adare SEC) for 2.5 years with a contract value of £1,678,511.05, exclusive of VAT. CONTRACT VARIATION: CARNBROE AND SIKESIDE COMMUNITY HUB 12. There was submitted a report by the Chief Officer (Assets and Procurement) (1) explaining that, in accordance with the Council's Financial Regulations, any variation where the outturn of expected costs exceed the tendered contract price by the higher of £25,000 or 5% should be reported by the appropriate budget holder to the relevant spending committee; (2) informing the Committee of the variation in costs against the tender contract price incurred on contracts for the construction of Carnbroe and Sikeside Community Hub, and (3) attaching, as an Appendix to the report, details of the project costs. Decided: that the contents of the report and the accompanying Appendix be acknowledged.