Agenda Document Pack - Scrutiny and Performance Committee - 01/02/2023
Perth and Kinross Council · 1 February 2023
Back to Scrutiny and Performance Committee — 1 February 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 26/01/2023 A hybrid meeting of the Scrutiny and Performance Committee will be held in the Council Chamber on Wednesday, 01 February 2023 at 10:00. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Colin Stewart (Convener) Bailie Alasdair Bailey (Vice-Convener) Councillor Keith Allan Councillor Steven Carr Councillor Eric Drysdale Councillor Angus Forbes Councillor Michelle Frampton Councillor Ian Massie Councillor Willie Robertson Councillor Caroline Shiers Councillor Frank Smith Page 1 of 72
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Scrutiny and Performance Committee Wednesday, 01 February 2023 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF SCRUTINY AND PERFORMANCE COMMITTEE OF 30 NOVEMBER 2022 FOR APPROVAL (copy herewith) 5 - 10 4 OUTSTANDING BUSINESS STATEMENTS (OBS) (copy herewith 23/26) 11 - 12 5 SCRUTINY AND PERFORMANCE COMMITTEE FORWARD PLANNER (copy herewith 23/27) 13 - 14 6 PLANNING PERFORMANCE FRAMEWORK 11 (2021-22) Report by Head of Planning and Development (copy herewith 23/28) 15 - 72 Page 3 of 72
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SCRUTINY AND PERFORMANCE COMMITTEE Minute of hybrid meeting of the Scrutiny and Performance Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 30 November 2022 at 2:00pm. Present: Councillor C Stewart, Councillors K Allan, S Carr, A Forbes, M Frampton, D Illingworth (Substituting for F Smith), B Leishman (Substituting for Bailie A Bailey), I MacPherson (Substituting for E Drysdale), I Massie and W Robertson. In Attendance: L Simpson (Head of Legal and Governance Services), B Renton (Executive Director, Communities); S Devlin (Executive Director, Education and Children’s Services), B Atkinson, P Davison, R Drummond and S Johnston (all Education and Children’s Services); A Brown, J Clark, C Guild, J Guild and M Pasternak (all Corporate and Democratic Services). Apologies: Bailie A Bailey, Councillors E Drysdale and F Smith. Councillor C Stewart, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all those present to the meeting and apologies were noted as above. 2. DECLARATIONS OF INTEREST No declarations of interest were made in terms of the Councillors’ Code of Conduct. 3. MINUTE OF MEETING OF THE SCRUTINY AND PERFORMANCE COMMITTEE OF 21 SEPTEMBER 2022 The minute of meeting of the Scrutiny and Performance Committee of 21 September 2022 was submitted and approved as a correct record. 4. OUTSTANDING BUSINESS STATEMENT Resolved: The status of actions in the Outstanding Business Statement, be noted and completed actions removed accordingly. 5. COUNCIL COMPLAINTS PERFORMANCE REPORT FOR 2021-22 There was submitted a report by Head of Legal and Governance Services (22/292) providing assurance that the Council has an adequate and effective Complaints Handling Procedure (CHP) in place and advising the Committee of work undertaken to improve performance in relation to the Council’s handling of complaints. The report also advised public performance reporting requirements are satisfied in accordance with the Scottish Public Services Ombudsman’s (SPSO) performance measures for local authorities. 3 Page 5 of 72
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In response to a question from Councillor Carr regarding the availability of the Scottish Public Services Ombudsman (SPSO) review and conclusions to the Committee, J Clark advised this information is made publicly available by SPSO. L Simpson confirmed no business pertained to any cases for PKC in 2021/22 and therefore no information has been reported to Committee on this occasion. In response to a question from Councillor Stewart regarding SPSO reports being brought to the next available Committee after receipt, rather than on an annual basis, L Simpson confirmed this could be possible going forward, however it should be noted SPSO are currently operating with a backlog. In response to a question from Councillor Robertson regarding lessons learnt from complaints received, J Clark confirmed Stage 2 complaints are reviewed by the Corporate Complaints Team Leader who will compile relevant learning points and share feedback with relevant teams. J Clark further advised there is a Complaints Handling Group comprising representatives from all Services who meet regularly to identity and share learning points. In response to a question from Councillor Leishman regarding timescales for handling complaints and comparison with other Local Authorities, J Clark advised elementary benchmarking information is routinely compiled, however, as not all Local Authorities collect data in the same way, the comprehensiveness and accuracy of this is variable. J Clark further advised that the Local Authority Complaint Handler’s Network is in the process of reviewing this to ensure the information produced is meaningful. In response to a question from Councillor Allan regarding the 34% increase in complaints received from 2020/21 to 2021/22, L Simpson confirmed that during 2020/21 staff were redeployed to essential business due to the Covid Pandemic and there was therefore a condensed period during which complaints were being processed. When compared to the full duration of 2021/22, this appears as a marked increase. L Simpson assured Members there is no concern of systemic failure. In response to a question from Councillor Massie regarding monetary compensation and the financial implications of this, L Simpson confirmed monetary compensation does not form part of the CHP. In response to a question from Councillor Stewart regarding complaints remaining open at the end of March 2022, J Clark confirmed no complaints remain open within the Council from 2021/22. In response to a question from Councillor Shiers regarding the way in which the Council receives and responds to complaints given the prevalence of social media, L Simpson advised work has been ongoing to ensure all communications which resemble a complaint, regardless of how they are received, are dealt with through the CHP. Resolved: (i) The contents of Report 22/292, be considered. (ii) It be noted that the Council’s Complaints Handling Procedure (CHP) is considered to be adequate and effective. Page 6 of 72
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(iii) It be noted that the CHP will continue to be monitored and reviewed throughout the year and work undertaken to further improve performance. 6. PUPIL EQUITY FUNDING UPDATE 2022 There was submitted a report by the Executive Director (Education and Children’s Services) (22/268) providing an update on progress made in Perth and Kinross, to close the poverty-related attainment gap through the use of Pupil Equity Funding (PEF). The report outlined the range of PEF funded measures implemented to improve performance and monitor progress of improvements. It meets the requirements to report on the expenditure and impact of the Pupil Equity Fund. In response to a question from Councillor Leishman regarding outdoor learning at primary schools in Perth and Kinross, S Devlin confirmed all nursery, primary and secondary schools are encouraged to participate in forms of outdoor learning. In response to a further question from Councillor Leishman regarding numbers of teachers able to deliver outdoor learning and the timescales for staff being trained to do so, S Devlin confirmed different schools have received training from a range of providers. In response to a question from Councillor Allan regarding one school which did not receive any PEF, S Devlin confirmed this would be due to there being no eligible pupils within the school. Allocation is based on eligibility for free school meals and qualifying benefits. P Davison confirmed the school in question was Logiealmond Primary School. In response to a question from Councillor Shiers regarding measurement of PEF through a bespoke tracking tool, what data this measures and how this impacts future decisions regarding PEF allocation, S Johnston confirmed the Closing the Gap tool has been piloted for three years within Perth and Kinross. Work has been ongoing with the Education Scotland Attainment Advisor to strengthen the ability to evidence whether interventions are working or not. Staff are trained in measures to be used before tracking takes place throughout the school year. This has proven to be successful, and requests have been received nationally for the Council to share their progress with other Local Authorities. In response to a question from Councillor Carr regarding school management teams’ awareness of how best to use PEF, S Devlin confirmed evidence-based support and guidance is provided to all Headteachers in relation to judicious use of PEF to ensure the best outcomes possible for Children and Young People in every school. Resolved: The contents of Report 22/268, be scrutinised. 7. RAISING ATTAINMENT UPDATE There was submitted a report by Executive Director (Education and Children’s Services) (22/267) which provided an update to progress on the Education and Children’s Services Raising Attainment Strategy 2020-23. Specifically, information was Page 7 of 72
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provided on a range of performance measures across the National Improvement Framework for Education priorities. In response to a question from Councillor Shiers, regarding statistics for attendance at school post-pandemic, provision of parental support and measures to support home learning for those who continue to require it, S Johnston confirmed attendance post-pandemic is a national issue. S Johnston advised some young people are successfully continuing to learn from home and programmes of staged intervention have been developed in conjunction with Educational Psychology. S Johnston also advised a framework for emotional based absence has been developed in conjunction with Perth Autism Support. With regard to mixed attenders, S Johnson confirmed work is ongoing with families, and Community Learning Assistants and Pupil Care and Welfare Officers have been appointed in primary schools and secondary schools, respectively. Their remit is to work with families to ensure support to attend regularly is provided. Finally, S Johnston advised work has recently begun with Local Authorities in Tayside and Forth Valley to form a joint approach to managing attendance. In response to a question from Councillor Forbes regarding a stretch aim for exclusions and whether this will encourage teachers to not exclude when this may be the best course of action, S Devlin advised young people being at school provides several protective factors and it is therefore reasonable to set targets to reduce exclusions as far as possible. S Johnston confirmed exclusion is an act of last resort and statutory legislation is in place regarding this. In response to a question from Councillor Leishman regarding children starting nursery school who have not met developmental milestones, S Johnston advised there is a Universal Pathway identifying developmental milestones from birth. Nurseries work closely with Health Visitors and information is shared on children who may not be meeting developmental milestones prior to them entering early education in order that a support plan be developed. In response to a question from Councillor Robertson regarding home schooling, S Johnston advised this is a parental choice. There is no requirement for the Council to give permission for this to take place. If a child initially attends school before changing to home schooling, the Council has a duty to review a home school plan for the child and offer to monitor and support the parent. Resolved: The contents of Report 22/267, be scrutinised. 8. PERTH AND KINROSS CHILD PROTECTION COMMITTEE STANDARDS AND QUALITY REPORT 2021/2022 There was submitted a report by Chief Social Work Officer (22/293) providing an overview of the key activities and work of the Child Protection Committee (CPC) partners to protect children and young people from harm, abuse and exploitation and describing the CPC’s achievements, key strengths and areas for improvement. The report also included an update on the CPC’s Improvement Plan, confirming that the Page 8 of 72
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CPC continues to focus on learning and improvement and has in place a comprehensive programme of improvement work for 2022 and beyond. In response to a question from Councillor Shiers regarding Trio of Risk data and links made between the Child Protection Committee and services with waiting lists to expedite support and direct resources accordingly, B Atkinson advised the Trio of Risk focuses on intervention with children whose parents have issues surrounding substance misuse, mental health or domestic violence. If children are involved with Social Work Services and require a Care Plan or Child Protection Plan, areas of risk are identified as part of this, and agencies will be invited to work together and discuss progress of all key components. In response to a question from Councillor Stewart regarding the Trio of Risk and main difficulties, B Atkinson advised timing of availability of services can be a key issue. Delays and pressures in different areas can create challenges, especially balancing support for a child with the pace of their parent’s recovery. Resolved: The contents of Report 22/293, be scrutinised. Page 9 of 72
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SCRUTINY AND PERFORMANCE COMMITTEE OUTSTANDING BUSINESS STATEMENT (OBS) (Report No 23/26) Please note that this statement sets out outstanding decisions of this committee along with an update and estimated completion date. Actions which are overdue are shaded for ease of reference. Where an update reflects that an action is complete then the Committee’s agreement will be sought to its removal from the OBS. No Minute Reference Subject Title Outstanding Action Update Lead Officer /Service Action due Action Expected 1. 29 November 2021 Business Gateway Briefing session to be arranged on Business Gateway – Memorandum of Understanding to Committee Members Briefing Session has been arranged in February 2023. NOT COMPLETED David Littlejohn 26 April 2023 26 April 2023 2. 6 June 2022. Item 4. Forward Planner Forward Planner for Scrutiny and Performance Committee to be brought forward to future meeting of the Scrutiny and Performance Committee. Bring forward to February 2023 Committee. COMPLETED Lisa Simpson 1 February 2023 1 February 2023 3. 6 June 2022. Item 6(d). Closing out of Improvement Actions from BMIPS. Methodology to be constructed in terms of closing out of Improvement Actions raised in BMIPS. Initial meeting has been held with officers and the Convener. Development Session to be All services 26 April 2023 26 April 2023 4 Page 11 of 72
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No Minute Reference Subject Title Outstanding Action Update Lead Officer /Service Action due Action Expected arranged in 2023 for members on the new Improvement Service Local Government Benchmarking Framework dashboard. NOT COMPLETED 4. 21 September 2022. Item 8 Perth and Kinross Council Annual Performance Report 2021/22 A slide-based presentation to be delivered to members on the different on the different types of support that are available to young people regarding mental wellbeing. The national health and wellbeing census data will be published in February 2023. NOT COMPLETED Education and Children’s Services 26 April 2023 26 April 2023 Page 12 of 72
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FORWARD PLANNER - SCRUTINY AND PERFORMANCE COMMITTEE 2023 (Report No. 23/27) 1 February Planning and Performance Framework 26 April Update from ALEO’s Summary Report on Care Inspectorate and Education Scotland Inspections 7 June Communities BMIP ECS BMIP CDS BMIP Annual Governance Statement 13 September FOI Performance Report 2022-23 Data Protection Compliance 2022-23 Council Complaints Performance Report for 2022-23 Corporate Annual Performance Report 22 November Update from ALEO’s All Services Interim Update Report Child Protection Committee Standards and Quality Report Raising Attainment (including RA Implementation Plan Annual Update) Pupil Equity Funding Update 2023 5 Page 13 of 72
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PERTH AND KINROSS COUNCIL Scrutiny & Performance Committee 25 January 2023 PLANNING PERFORMANCE FRAMEWORK 11 (2021-22) Report by Head of Planning and Development (Report No. 23/28) 1. PURPOSE 1.1 This report relates to the Perth and Kinross Planning Performance Framework 11 (2021-22) (PPF11). A PPF is required to be submitted to the Scottish Government annually. PPF11 (Appendix 1) provides an overview of performance statistics and evidence of continuous improvement for the Planning Service. The PPF was submitted to Government in September 2022 and is published on the Heads of Planning Scotland website: Planning Performance Framework – HOPS (hopscotland.org.uk). 1.2 Formal feedback on PPF11 was received from Tom Arthur, the Minister for Public Finance, Planning & Community Wealth, on 22 December 2022 (Appendix 2) – a summary of which is set out in paragraphs 4.2 - 4.3 below. 2. RECOMMENDATIONS 2.1 It is recommended that committee: i) scrutinises the appended Planning Performance Framework; ii) scrutinises the appended Minsterial feedback received; and iii) considers and makes suggestions in relation to case studies and service improvements to be included in PPF12. 3. STRUCTURE OF REPORT 3.1 This report is structured over the following sections: • Section 4: Background/Main Issues • Section 5: Key Findings • Section 6: Conclusion • Appendices 6 Page 15 of 72
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4. BACKGROUND / MAIN ISSUES 4.1 The purpose of the Planning Performance Framework (PPF) is to show how the Council as Planning Authority is working to be a high-quality planning service: how it has performed against nationally agreed key indicators, and what improvement actions will be taken. The PPF therefore looks back on the previous year’s performance and forward in terms of future actions. 4.2 Ministerial performance feedback received on 22 December 2022 notes the challenges and highlights the importance of an appropriately resourced planning system as key to improving performance. Nationally, the delivery of improvement is to be assisted by the significant increase in planning application fees implemented in April 2022, as well as increased fees for Local Authorities in relation to applications made under the Electricity Act. It also recognises that resourcing requires a pipeline of knowledgeable and skilled planners, as well as money, to delivering the ambitions of NPF4. In this regard, the Future Planners Project led by Heads of Planning Scotland is seen as important in easing the resourcing and skills challenges faced by planning authorities. Beyond this, the Minister also advises that work is progressing on: introducing mandatory training for elected members on the planning system; implementation of statutory annual reports by planning authorities; and the appointment of a Planning Improvement Coordinator for Scotland. Overall, the level of performance is seen as being testament to the hard work and flexibility during challenging times and that good progress is being made. 4.3 In terms of the Ministerial performance feedback related to Perth and Kinross, of the 15 performance indicators, rated on a Red/Amber/Green basis, only two are marked Amber, with the remaining thirteen being Green. This significant level of green ratings (87%) against performance markers and none marked as Red recognises the high level of performance within Perth and Kinross’s Planning Services. The first Amber relates to planning application decision making timelines, and notes that average decision timescales were slower than the previous year – although remain faster than the Scottish average. The second related to continuous improvement commitments, which had not all been completed – although this reflects that a number are longer term projects than the annual reporting cycle and as such requires a long-term rating trend in feedback. Previously, the PPF was considered by the Planning Policy, Practice and Performance Member Officer Working Group, however this has not sat for some time now and this and future iterations of the PPF will be presented to this Committee. For information PPF10 (2020-21) and previous versions are accessible via the link in para 1.1 and on the PKC website: Planning Performance Framework - Perth & Kinross Council (pkc.gov.uk). Page 16 of 72
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5. KEY FINDINGS 5.1 PPF11 reflects on the period between 1 April 2021 and 31 March 2022 and focuses on work adapting to new working arrangements, the digital transformation programme, and the new legislative requirements for public engagement. The case studies in Part 1 (pages 5-16) evidence this, providing examples of what has been achieved and the quality of outcomes. This includes ongoing spatial analysis of open space as part of the wider 20-minute neighbourhood approach in the draft National Planning Framework 4 (NPF4); the work undertaken in terms of active travel; and evidence gathering for Local Place Plans. 5.2 Part 2 of the submission provides information on how officers have addressed previously identified service improvements and sets out further improvements as a focus moving forward (pages 17-21). For 2022/23 and beyond, the following have been identified: • Leadership & Management • Customers & Stakeholders • Digital • Continuous Improvement 5.3 Part 3 & 4 of the document focuses on statistical information, evidencing the Council’s performance against the National Headline Indicators and Scottish Government Official Statistics (pages 22-29). It highlights progress being made on LDP3 is in line with the Scottish Government timescales, with evidence gathering underway and an engagement strategy being programmed. The PPF indicates that the Development Management function is meeting overall targets, with a significant reduction in legacy cases (planning applications not determined due to information needed from, or actions by, the applicant). This was identified as an area for improvement following feedback last year. The PPF acknowledges that due to the significant turnover in staffing over the past year, with vacancies taking some time to fill, that there has been a minor fall in performance. Part 5 (pages 30- 2) provides a snapshot of the staffing situation on 31 March 2022 and Part 6 (pages 33-4) provides information on Committee meetings. 5.4 Part 7 (pages 35-42) sets out the performance markers that are used by the Scottish Government to assess how the Council is meeting the required targets. It summarises work being undertaken, makes linkages with the case studies and what improvements have been made in the last year. Finally, performance over the previous six years is captured on page 42. 5.5 The Planning Performance Framework is designed to support improvement locally and nationally. The approach is consistent across all local authority areas. However, there may be local improvement actions which the Committee may wish to see delivered. As such the Committee may wish to give consideration to case studies and improvements for PPF 12, along with other, appropriate performance indicators. Page 17 of 72
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6. CONCLUSION 6.1 The Planning Performance Framework has been submitted to update the Committee on the performance of the Planning service for the period from April 2021 to March 2022. It provides members with statistical information and evidence of significant and continuous improvement across almost all aspects. Author Name Designation Contact Details Brenda Murray Team Leader, Development Plans Team (01738) 475000 ComCommitteeReports@pkc.gov.uk Approved Name Designation Date Barbara Renton Executive Director (Communities) 18 January 2023 APPENDICES • Appendix 1 – Planning Performance Framework 2021-22 • Appendix 2 – Ministerial Feedback Letter 22 December 2022 Page 18 of 72
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ANNEX 1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND COMMUNICATION Strategic Implications Yes / None Community Plan / Single Outcome Agreement Yes Corporate Plan Yes Resource Implications Financial None Workforce None Asset Management (land, property, IST) None Assessments Equality Impact Assessment None Strategic Environmental Assessment None Sustainability (community, economic, environmental) None Legal and Governance None Risk None Consultation Internal No External No Communication Communications Plan None 1. Strategic Implications Community Plan/Single Outcome Agreement 1.1 The Planning Performance Framework contributes to the following Perth & Kinross Community Plan / Single Outcome Agreement priorities: (ii) Developing educated, responsible and informed citizens (iii) Promoting a prosperous, inclusive and sustainable economy (iv) Supporting people to lead independent, healthy and active lives (v) Creating a safe and sustainable place for future generations Corporate Plan 1.2 The Development Plan contributes to the achievement of the following Council’s Corporate Plan Priorities: (ii) Developing educated, responsible and informed citizens; (iii) Promoting a prosperous, inclusive and sustainable economy; (iv) Supporting people to lead independent, healthy and active lives; and (v) Creating a safe and sustainable place for future generations. Page 19 of 72
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2. Resource Implications Financial 2.1 None. Workforce 2.2 None. Asset Management (land, property, IT) 2.3 None. 3. Assessments Equality Impact Assessment 3.1 None. Strategic Environmental Assessment 3.2 None. Sustainability 3.3 None. Legal and Governance 3.4 None. Risk 3.5 None. 4. Consultation Internal 4.1 The PPF is a collaborative document with input from throughout the Planning Service. External 4.2 None. 5. Communication 5.1 None. Page 20 of 72
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2. BACKGROUND PAPERS 2.1 The following background papers were referred to during the preparation of this report: • Planning Performance Framework 11 (2021-22); • Ministerial Feedback Letter 22 December 2022. Page 21 of 72
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