Agenda and minutes

28.1   The Chairman reported the death of a current member of the Council, Mr Charles Petts, who had been the member for the Three Bridges division since 2017.

28.2   Members stood for a minute’s silence.

29.1   The Chairman welcomed Richard Ennis to his first meeting as Interim Executive Director Resource Services.

30.1   Apologies were received from Mrs Arculus, Mr Baldwin, Mr Barnard, Mr Bradbury, Mrs Brunsdon, Mr Fitzjohn, Mr Hillier, Mr Mitchell, Mr Oppler, Mr Quinn and Mrs Sparkes.

30.2   Mr Buckland, Mrs Smith and Ms Sudan were absent. 

30.3   Apologies for the morning session were received from Dr Dennis and for the afternoon session from Lt Cdr Atkins, Mr Barling and Lt Col Barton.  Ms Lord gave her apologies and arrived at 11.35 a.m.  She also gave her apologies for the afternoon session. 

30.4   Mrs Bridges and Mr Purchese were absent for the afternoon session.  Mr Cloake, Ms Flynn and Mrs Hall left at 3.45 p.m.

Members are asked to disclose any pecuniary or personal interests in matters appearing on the agenda.

31.1   Members declared interests as set out at Appendix 1.

The Council is asked to confirm the minutes of the ordinary meeting of the County Council held on 7 June 2019.

32.1  It was agreed that the minutes of the Ordinary Meeting of the County Council held on 7 June 2019 (pages 9 to 38) be approved as a correct record.

Following recent changes to group affiliation, the County Council has a statutory duty to review the proportionality on its committees.  A brief explanation of the proportionality rules and how they are applied is set out in the attached report, together with the proportionality following the changes.  Appendix 1 - a table showing the resulting number of seats on committees - will follow.

33.1   The County Council was reminded of its statutory duty following recent changes in group affiliation to review the proportionality on its committees.  A report on the application of the proportionality rules and how they were applied was set out at pages 39 and 40 and a table showing the resulting number of seats on committees had been circulated.

33.2   Resolved –

That the review of proportionality on committees be agreed.

To consider proposed changes by the Groups to appointments.  Proposals will be circulated and changes will take effect from the end of the meeting.

34.1   The Council approved appointments as set out below.

At the discretion of the Chairman, to receive any address by a Cabinet Member on a matter of urgency and/or significant interest to the County Council and which relates to the powers and responsibilities of the County Council or which affects the Council.

The Cabinet Member for Children and Young People will make a statement on the Council’s improvement plan in relation to the actions and proposals to address the requirements arising from the recent Ofsted report into Children’s Services.  A report will be provided to members ahead of the Council meeting.  Members may ask questions of the Cabinet Member in accordance with Standing Order 2.33.

35.1   Members received an address by the Cabinet Member for Children and Young People on the Council’s improvement plan in relation to the actions and proposals to address the requirements arising from the recent Ofsted report into Children’s Services.  A report by the Cabinet Member had been circulated.

To consider the following motion, submitted by Dr O’Kelly, notice of which was given on 1 July 2019.

‘The current financial climate for small schools continues to be challenging.  The government strategy for small schools is to aim to keep them open and includes exploring federation before considering closure.  This Council itself recognises the need for small schools to consider federation in its School Effectiveness Strategy 2018-22.  Closure of a small school can be devastating for children, families and the rural communities they are in and the School Effectiveness Strategy recognises this as only a final option.

The process of federation relies on school governors, who are volunteers, often with full time jobs and other commitments, and who do not always have the time and skill sets needed, to explore and develop the federation options fully themselves.  Although the School Effectiveness Strategy outlines that the Council will support and challenge governing bodies who have considered the options, there is no formal process for assisting governing bodies in assessing the options open to them and developing possible federation agreements in the first place.  

This Council believes that:

(a)      Small schools are at the heart of our smaller communities.

(b)      The federation process is not always straightforward and without significant input from this Council from the earliest stages of the process, governing bodies cannot easily explore federation on their own.

(c)      A more proactive approach to federation is more likely to keep our small schools open and viable and at the heart of our rural communities.

(d)      Consulting on the possible closure of a school should only be considered where all other options have been exhausted.

This Council resolves to ask the Cabinet Member for Education and Skills to:

(1)      Share knowledge about federation and how it can be achieved with all small schools including sharing best practice guidance from other local authorities;

(2)      Provide officer support to governing bodies to consider federation including providing support to find possible partners and facilitate discussions;

(3)      Provide practical tools and officer support during the partnership phase in helping to make all the transitional arrangements; and

(4)      Not consult with the public as to the future of any school in West Sussex without having gone through such a process with schools.’

36.1  The following motion was moved by Dr O’Kelly and seconded by Mr Smytherman:

‘The current financial climate for small schools continues to be challenging.  The government strategy for small schools is to aim to keep them open and includes exploring federation before considering closure.  This Council itself recognises the need for small schools to consider federation in its School Effectiveness Strategy 2018-22.  Closure of a small school can be devastating for children, families and the rural communities they are in and the School Effectiveness Strategy recognises this as only a final option.

The process of federation relies on school governors, who are volunteers, often with full time jobs and other commitments, and who do not always have the time and skill sets needed, to explore and develop the federation options fully themselves.  Although the School Effectiveness Strategy outlines that the Council will support and challenge governing bodies who have considered the options, there is no formal process for assisting governing bodies in assessing the options open to them and developing possible federation agreements in the first place.

This Council believes that:

(a)     Small schools are at the heart of our smaller communities.

(b)     The federation process is not always straightforward and without significant input from this Council from the earliest stages of the process, governing bodies cannot easily explore federation on their own.

(c)     A more proactive approach to federation is more likely to keep our small schools open and viable and at the heart of our rural communities.

(d)     Consulting on the possible closure of a school should only be considered where all other options have been exhausted.

This Council resolves to ask the Cabinet Member for Education and Skills to:

(1)     Share knowledge about federation and how it can be achieved with all small schools including sharing best practice guidance from other local authorities;

(2)     Provide officer support to governing bodies to consider federation including providing support to find possible partners and facilitate discussions;

(3)     Provide practical tools and officer support during the partnership phase in helping to make all the transitional arrangements; and

(4)     Not consult with the public as to the future of any school in West Sussex without having gone through such a process with schools.’

36.2  The motion was referred to the Cabinet Member for Education and Skills for consideration.

To consider the following motion, submitted by Dr Walsh, notice of which was given on 1 July 2019.

‘The County Council has been found ‘inadequate’ by HM Inspectorate, in respect of the Fire and Rescue Service, as well as in its provision of Children’s Services by Ofsted, where the Government has appointed a Commissioner to run the service.  The Member of Parliament for Mid Sussex has written to the Secretary of State for Housing, Communities and Local Government expressing his “grave concerns about the governance of this authority”, and asking him “to investigate why things have gone so wrong”.

It is abundantly clear to all that there is a systemic failure of political leadership of West Sussex County Council encompassing all our major services, and further evidenced by the high turnover rate of most senior officers at Director level including Chief Executive over the last few years, and the churn of Cabinet Members.

The Council therefore resolves to scrap the current Cabinet system of governance, where most major decisions are taken either by individual Cabinet Members, or occasionally by the whole Cabinet, and to replace it with a Committee-based system, where all councillors play a part in decision making, and for this to be in place by May 2020.’

37.1  The following motion was moved by Dr Walsh and seconded by Mrs Millson:

‘The County Council has been found ‘inadequate’ by HM Inspectorate, in respect of the Fire and Rescue Service, as well as in its provision of Children’s Services by Ofsted, where the Government has appointed a Commissioner to run the service.  The Member of Parliament for Mid Sussex has written to the Secretary of State for Housing, Communities and Local Government expressing his “grave concerns about the governance of this authority”, and asking him “to investigate why things have gone so wrong”.

It is abundantly clear to all that there is a systemic failure of political leadership of West Sussex County Council encompassing all our major services, and further evidenced by the high turnover rate of most senior officers at Director level including Chief Executive over the last few years, and the churn of Cabinet Members.

The Council therefore resolves to scrap the current Cabinet system of governance, where most major decisions are taken either by individual Cabinet Members, or occasionally by the whole Cabinet, and to replace it with a Committee-based system, where all councillors play a part in decision making, and for this to be in place by May 2020.’

37.2   The motion was referred to the Governance Committee for consideration.

To consider the following motion, submitted by Mr Jones, notice of which was given on 2 July 2019.

‘This Council notes with dismay the findings of the recently published Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) Inspection report on the West Sussex Fire and Rescue Service (WSFRS) with a rating of “needs improvement’ for Efficiency, a rating of ‘needs improvement’ for Effectiveness and a rating of ‘inadequate’ for People.  It is also the only service in the country not to get a ‘good’ rating in any category.

This Council recognises that staff in WSFRS do an excellent job in protecting people in West Sussex but that they have been let down by a failure of political leadership at the County Council, which has allowed cost-cutting and budget pressures to take priority over the maintenance of what HMICFS considers acceptable standards.

This has been exacerbated by decisions from the Cabinet that have seen fire stations closed, and second and third fire engines being removed from some remaining stations.  Reports from the former Chief Fire Officer confirm they were major reasons for increased response times.  Despite the Council’s extended response standard for most of the county of 14 minutes, the service has been unable to meet it, as the inspectorate notes, since 2014.

This Council also recognises that this is the second inspection in recent months that has seen a vital service, important to the welfare and safety of all West Sussex residents, being judged as insufficient to meet the required standard and it has become unsustainable for this council to have confidence in a Leader and Cabinet who have presided over such an outcome.  This Council therefore expresses that it has no confidence in the Leader and Cabinet.

This Council therefore calls on the Leader and the Cabinet Member for Safer, Stronger Communities (or their successors, if and when they are appointed) to:

(1)      Completely withdraw the cuts to WSFRS proposed for 2019/20 that were put on hold for one year, and prioritise the recruitment of additional firefighters to replace those cut since 2010.

(2)      Stop prevaricating on the clearly unfair funding that WSFRS is receiving compared to other surrounding fire authorities and to finally press the Government for urgent additional funding to properly resource the very stretched service, something which the Leader and the Cabinet Member have failed to do, despite being mandated over six months ago by a full meeting of this council dated 14 December 2018.

(3)      Urgently progress the updating of outdated software and communication equipment in the Fire and Rescue Service to ensure that there is a clearer picture of operational staffing levels and gaps.

(4)      Ensure as soon as possible that the Fire and Rescue Service launches an anti-bullying campaign to stamp out any instances of bullying and harassment, which will finally carry out advice that was given to WSFRS following the results of a staff stress survey as long ago as 2017.

(5)      Take steps to increase the diversity of  ...  view the full agenda text for item 38.

38.1   The following motion was moved by Mr Jones and seconded by Mr Purchese.

‘This Council notes with dismay the findings of the recently published Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) Inspection report on the West Sussex Fire and Rescue Service (WSFRS) with a rating of “needs improvement’ for Efficiency, a rating of ‘needs improvement’ for Effectiveness and a rating of ‘inadequate’ for People.  It is also the only service in the country not to get a ‘good’ rating in any category.

This Council recognises that staff in WSFRS do an excellent job in protecting people in West Sussex but that they have been let down by a failure of political leadership at the County Council, which has allowed cost-cutting and budget pressures to take priority over the maintenance of what HMICFS considers acceptable standards.

This has been exacerbated by decisions from the Cabinet that have seen fire stations closed, and second and third fire engines being removed from some remaining stations.  Reports from the former Chief Fire Officer confirm they were major reasons for increased response times.  Despite the Council’s extended response standard for most of the county of 14 minutes, the service has been unable to meet it, as the inspectorate notes, since 2014.

This Council also recognises that this is the second inspection in recent months that has seen a vital service, important to the welfare and safety of all West Sussex residents, being judged as insufficient to meet the required standard and it has become unsustainable for this council to have confidence in a Leader and Cabinet who have presided over such an outcome.  This Council therefore expresses that it has no confidence in the Leader and Cabinet.

This Council therefore calls on the Leader and the Cabinet Member for Safer, Stronger Communities (or their successors, if and when they are appointed) to:

(1)     Completely withdraw the cuts to WSFRS proposed for 2019/20 that were put on hold for one year and prioritise the recruitment of additional firefighters to replace those cut since 2010.

(2)     Stop prevaricating on the clearly unfair funding that WSFRS is receiving compared to other surrounding fire authorities and to finally press the Government for urgent additional funding to properly resource the very stretched service, something which the Leader and the Cabinet Member have failed to do, despite being mandated over six months ago by a full meeting of this council dated 14 December 2018.

(3)     Urgently progress the updating of outdated software and communication equipment in the Fire and Rescue Service to ensure that there is a clearer picture of operational staffing levels and gaps.

(4)     Ensure as soon as possible that the Fire and Rescue Service launches an anti-bullying campaign to stamp out any instances of bullying and harassment, which will finally carry out advice that was given to WSFRS following the results of a staff stress survey as long ago as 2017.

(5)     Take steps to increase the diversity of  ...  view the full minutes text for item 38.

39.1   Following the debate on the motion on the Fire and Rescue Service Inspection Rating, the Chairman agreed to a personal statement by the Cabinet Member for Safer, Stronger Communities who announced to the Council her resignation as Cabinet Member on ill health grounds.

39.2   Group Leaders expressed their best wishes to Ms Kennard on behalf of their groups.

39.3   The Leader gave notice of the appointment of Mrs Jacquie Russell as the Cabinet Member for Safer, Stronger Communities with effect from the end of the Council meeting.

To consider the following motion, submitted by Mr Jones, notice of which was given on 2 July 2019.

‘This Council notes that West Sussex County Council owns the freehold land known as Withy Patch which currently forms part of an area that has planning permission from Adur District Council for an extensive new development, commonly known as New Monks Farm.

This Council recognises that the proposals for a major development and retail park has been a source of considerable controversy in recent years.  This Council believes that the continued uncertainty, anger and stress this has caused local residents, is unacceptable and calls on the Cabinet Member for Finance and Resources to either take action now to reassure the community that the Council will not proceed with selling or transferring this land to developers or to confirm he will not accept any arrangement which attempts to get the Council to agree to waive, or write off, any of the section 106 developers’ contributions from the New Monks Farm developers that will be required to provide sufficient education provision to meet the needs of the resulting community.  The needs of West Sussex children and their education must come first.

This Council believes that there is already an increasing shortage of places both in primary and in secondary education in the Adur and Worthing areas with children currently being sent to maintained schools much further from their homes, because the local schools have not got the places for the existing population.  The additional population from the New Monks Farm development will inevitably create further pressures and reduce local parents’ ability to find school placements close to them without these contributions.  Moreover, the additional financial burden of creating places will almost certainly have to be met by this Council, which already faces unprecedented financial pressures without having to absorb the costs of building additional buildings and increasing capacity elsewhere.

This Council also believes that facilitating this development through the sale of the land will result in outcomes entirely at odds with the values recently expressed in the cross-party motion on climate change and the ‘climate action pledge’.  Not only may the new development increase the local flooding risk, but the increased traffic and congestion on this part of the A27 relating to the increased population and high profile retail offer will exacerbate further the already serious problems relating to pollution and air quality in the current Air Quality Management Areas within the District.

In the event that the Cabinet Member decides to sell or transfer the land it is understood the gypsy and travellers’ site at Withy Patch would be required to move to the edge of the development and the residents effectively living directly on the edge of a building site, with all the dust, noise and disruption that such construction would entail.  Given what this would mean for that community, this Council also calls on the Cabinet Member for Safer, Stronger Communities to undertake a meaningful consultation with those residents as the  ...  view the full agenda text for item 40.

40.1  The following motion was moved by Mr Jones and seconded by Mr Oxlade:

‘This Council notes that West Sussex County Council owns the freehold land known as Withy Patch which currently forms part of an area that has planning permission from Adur District Council for an extensive new development, commonly known as New Monks Farm.

This Council recognises that the proposals for a major development and retail park has been a source of considerable controversy in recent years.  This Council believes that the continued uncertainty, anger and stress this has caused local residents, is unacceptable and calls on the Cabinet Member for Finance and Resources to either take action now to reassure the community that the Council will not proceed with selling or transferring this land to developers or to confirm he will not accept any arrangement which attempts to get the Council to agree to waive, or write off, any of the section 106 developers’ contributions from the New Monks Farm developers that will be required to provide sufficient education provision to meet the needs of the resulting community.  The needs of West Sussex children and their education must come first.

This Council believes that there is already an increasing shortage of places both in primary and in secondary education in the Adur and Worthing areas with children currently being sent to maintained schools much further from their homes, because the local schools have not got the places for the existing population.  The additional population from the New Monks Farm development will inevitably create further pressures and reduce local parents’ ability to find school placements close to them without these contributions.  Moreover, the additional financial burden of creating places will almost certainly have to be met by this Council, which already faces unprecedented financial pressures without having to absorb the costs of building additional buildings and increasing capacity elsewhere.

This Council also believes that facilitating this development through the sale of the land will result in outcomes entirely at odds with the values recently expressed in the cross-party motion on climate change and the ‘climate action pledge’.  Not only may the new development increase the local flooding risk, but the increased traffic and congestion on this part of the A27 relating to the increased population and high profile retail offer will exacerbate further the already serious problems relating to pollution and air quality in the current Air Quality Management Areas within the District.

In the event that the Cabinet Member decides to sell or transfer the land it is understood the gypsy and travellers’ site at Withy Patch would be required to move to the edge of the development and the residents effectively living directly on the edge of a building site, with all the dust, noise and disruption that such construction would entail.  Given what this would mean for that community, this Council also calls on the Cabinet Member for Safer, Stronger Communities to undertake a meaningful consultation with those residents as the person accountable for their  ...  view the full minutes text for item 40.

The County Council is asked to consider the Council Annual Report 2018/19, in the light of a report by the Leader.

41.1   The Leader moved the report on West Sussex County Council Annual Report 2018/19(pages 41 to 86).

41.2   Resolved –

That the West Sussex Annual Report 2018/19 be noted.

The Council is asked to approve the Annual Scrutiny Newsletter 2018/19 which summarises the work of the Select Committees and reports the performance measures for the end of the year, in the light of a report by the Performance and Finance Select Committee.

42.1   The Council considered the Annual Scrutiny Newsletter 2018/19 which summarised the work of the Select Committees and reported the performance measures to the end of the year, in the light of a report by the Performance and Finance Select Committee (pages 87 to 108).

42.2   Resolved –

          That the Annual Scrutiny Newsletter 2018/19, as attached at Appendix 1 to the report, be approved.

Questions to the Leader and Cabinet Members on matters contained within the Cabinet report, written questions and any other questions relevant to their portfolios.  Members may also ask questions of the Leader on anything that is currently relevant to the County Council.  The report covers relevant Council business or developments in respect of portfolios arising since the meeting of the Council on 7 June 2019.  A supplementary report may be published.

(2 hours is allocated for Question Time)

43.1   Members asked questions of members of the Cabinet on matters relevant to their portfolios and asked questions of chairmen, as set out at Appendix 3.  This included questions on those matters contained within the Cabinet report (pages 109 to 112) and a supplementary report (supplement page 1) and written questions and answers pursuant to Standing Order 2.38 (set out at Appendix 2).

To note arrangements for a review of scrutiny and consider a delegation to the Standards Committee in relation to recommendations from the Local Government and Social Care Ombudsman, in the light of a report from the Governance Committee.

44.1   The Council noted arrangements for a review of scrutiny and considered a delegation to the Standards Committee in relation to recommendations from the Local Government and Social Care Ombudsman in the light of a report from the Governance Committee (pages 113 to 114).

44.2   Resolved –

That the terms of reference of the Standards Committee be amended to include the delegation set out in paragraph 8 of the report.

45.1   On behalf of all members, the Chairman expressed thanks and best wishes to Tony Hill, Front of House Assistant, who was retiring before the next meeting of the Council.