Decisions

West Sussex County Council is required, under national funding regulations, to consult schools and the Schools Forum on proposed changes to funding arrangements affecting school budgets. The School Funding Review 2021/22 consultation document was published on 21st October 2020. Responses to the consultation and feedback from Schools Forum have been taken into account in the development of the local funding formula for mainstream schools in 2021/22.

To help alleviate pressures on the High Needs budget a proposal to transfer £2.5m of funding from the Schools block to the High Needs block of the Dedicated Schools Grant (DSG) was also included as part of the schools funding consultation. Under the funding regulations, any transfer between blocks is a decision that is taken by Schools Forum, although the County Council can seek to overturn this by applying to the Secretary of State for Education through a disapplication request. The Schools Forum declined to approve the proposed transfer and the County Council’s application to the Secretary of State was rejected and so no transfer to the High Needs block is included.

(1)The Cabinet Member for Education and Skills has agreed the proposals in relation to the local funding formula for mainstream schools as set out in section two of the report and specifically at paragraph 2.26 to:

Ø  Continue to protect the primary lump sum at a rate of £130,000, by continuing to scale back the primary unit values for Low Prior Attainment (LPA) from the National Funding Formula (NFF) primary unit value,

Ø  Continue to use 50% of the Sparsity funding that the County Council receives through the NFF to fund the payment of an additional transitional sparsity lump sum to those primary schools with less than 150 pupils.

Ø  Set the Minimum Funding Guarantee level at 2% to ensure that all mainstream schools benefit by this increase in their pupil-led funding.

A requirement for a pedestrian crossing to improve pedestrian safety was put forward as a Community Highway Scheme. Following development of a traffic signal-controlled pedestrian crossing proposal, a formal public consultation period was held between Thursday 17^th September and Thursday 8^th October 2020.  Following consultation, seven objections were formally received from residents of the neighbouring community. 

The Director of Law and Assurance, in consultation with the Chairman of the Crawley County Local Committee and the Chairman of the Environment and Communities Scrutiny Committee, has used his delegated powers under Standing Order 3.45 to agree that in the light of the objections received, the proposed signalised pedestrian crossing as advertised on the 17 September 2020 under reference CRW8025RC is rejected and not installed.  A revised scheme further to the east as identified in Appendix C, option 3, is developed and advertised with a view to implementation in 2021/22.

Rates and fees paid to independent providers of adult social care provision in the community and in residential and nursing homes are subject to annual review. The Cabinet Member for Adults and Health will be asked to consider the fees and rates paid for commissioned services related to the Adult Social Care and Health portfolio for 2021-22.

The review will consider usual maximum rates for care homes and care homes with nursing; individually agreed rates paid to care homes and care homes with nursing; shared lives; and rates and fees paid for community-based services.

In the short term, the priority continues to be to ensure that the market can cope with vulnerable people at this unprecedented time dealing with COVID-19, therefore the Council will address financial pressures resulting from the pandemic independently of this decision.

The Cabinet Member for Adults and Health has approved a fee increase of 1.75% for contracted providers who have made individual care agreements with West Sussex County Council (WSCC) Adults and Health Social Care Service.

In 2018 the Council declared the current Broadbridge Heath Highway Depot surplus to operational requirements (FR17 17/18).

This report proposes the economic regeneration of the Highway Depot through development of a retail park on the site.   This project will utilise a County Council owned asset to support the economic regeneration of the site for the benefit of the community and generate a return on investment.

The Cabinet Member has approved:

(1)        The regeneration of an under-utilised asset to deliver a Retail Park at Broadbridge Heath, Horsham with the allocation of £15.47m from the capital programme to fund the completion of the project to construct a development on this site consisting of up to four units; and

(2)        Authorised entering into pre-let arrangements by way of conditional Agreements to Lease with the four preferred retailers; The Agreements will commit the County Council to the construction of this scheme, to the retailers’ specifications, conditional upon satisfactory planning permission and completing the works. The terms of the agreements remain commercially confidential; and

(3)        Delegated authority to the Director of Property and Assets with the Director of Law and Assurance to finalise the terms of the agreements to lease; and

(4)        Authorised the commencement of procurement for the construction contract and, subject to receipt of satisfactory planning permission (once confirmed by both WSCC and the retailers as satisfactory) delegates authority to the Director of Property and Assets to award the construction contract.

49.1     The Committee received a report from the Director of Human Resources and Organisational Development which set out the annual Statement for submission to the County Council (copy appended to the signed minutes).

49.2     The report was introduced by the Head of Specialist HR Services, who advised that the changes reflected new legislation around caps on severance payments to staff. He advised that the final sentence of paragraph 15.1 of the draft statement should be deleted, as it referred to a reference that had changed in 2021/22.

49.3     The Committee welcomed the draft statement and noted the general cap of £95,000 on severance payments for Council staff. In response to questions about the ability to waive the cap, the Director of Law and Assurance confirmed that it was recommended that the Council should adopt a process to be able to agree to ask the Government to waive to the cap in exceptional circumstances, in line with the provision in the Regulations on this matter.

49.4     In response to a question from Cllr M Jones about whether any payments of over £95,000 had been agreed in the last year, the Director of Law and Assurance agreed to check on this and report back to Cllr M Jones.

49.5     Resolved –

(1)        That the proposed revisions to the Pay Policy Statement, as set out in Appendix 1 and with the additional deletion of the final sentence in paragraph 15.1, be endorsed for recommendation to the County Council.

(2)        That the arrangements for dealing with any request related to the exit payment cap under the Public Sector Exit Pay Regulations 2020 be endorsed for recommendation to the County Council.

50.1     The Committee considered a report by the Director of Law and Assurance (copy appended to the signed minutes) which proposed that the constitution of the Regulation, Audit and Accounts Committee be amended to include a co-opted, non-voting independent member. It also asked the Committee to consider whether such a post should receive any remuneration.

50.2     Members were generally supportive of the proposal on the basis that it had been requested by the Regulation, Audit and Accounts Committee in line with recommended best practice, but agreed that travel expenses should be the only payment made, in line with co-opted members on other committees.

50.3     Resolved –

(1)        That Council be recommended to approve the change to the constitution of the Regulation, Audit and Accounts Committee, as set out in appendix 1.

(2)        That the Council be invited to give the Director of Law and Assurance and Director of Finance and Support Services delegated authority to make arrangements to finalise the job description, advertise and take all other steps necessary to recruit to the role, as a voluntary position for which travel expenses will be payable.

48.1     The Committee considered a report by the Director of Law and Assurance that asked for consideration to be given to whether Disclosure and Barring Service checks (DBS) should be undertaken for members following the 2021 elections (copy appended to the signed minutes).

48.2     The Director of Law and Assurance introduced the report and advised members that it is not a requirement that councillors undergo DBS checks, although it is done by some other authorities.

48.3     Members agreed that DBS checks should be carried out on the same basis as had been done in 2017 on the basis that councillors could come into contact with to vulnerable residents and service users. It also agreed that enhanced checks were appropriate for certain roles as set out in the report.

48.4     Resolved – That the Director of Law and Assurance be asked to arrange DBS checks for all councillors following the 2021 elections, on the same basis as those carried out in 2017.

51.1     The Committee considered a report by the Director of Law and Assurance on a proposal to amend the terms of reference of the Joint Scrutiny Steering Group to enable Arun District Council to take part in future work when it has moved to the committee system (copy appended to the signed minutes).

51.2     The Committee agreed that it was important to ensure that Arun District Council could still take part in joint scrutiny work, so supported the proposal.

51.3     Resolved – That the Council be recommended to approve the change to the constitution of the Joint Scrutiny Steering Group, with effect from 1 May 2021 by adding ‘or in the case of a Council operating the committee system, the chairman of a committee’.

47.1     The Committee received its regular report on the work of the Group, member development activities, member training and development priorities and plans, including the induction for 2021 (copy appended to the signed minutes).

47.2     Cllr Kennard, Chairman of the Group, introduced the report and highlighted the recommendations arising from the Council’s charter status for member development which included conducting a training needs assessment with members following the election.

47.3     The Committee welcomed the report and the work of the Group. Members highlighted the importance of members reading the weekly Bulletin and the Members’ Information Network (the Mine). It was agreed that the proposed areas of mandatory training should be described as such, although the new member training needs assessments undertaken after the election should record when a member has already undertaken training either at the County Council or at another authority.

47.4     Resolved –

(1)        That the member development activity update and plans for future member training and development be noted.

(2)        That the outcome of the Member Development Charter assessment carried out by South East Employers be noted and that its recommendations be taken forward.

(3)        That the conclusions on the review of the local member role be supported.

(4)        That the plans for member induction in 2021 be agreed, including the recommended elements of training to be considered to be mandatory, depending on the outcome of each member’s training needs assessment.

45.1     The Committee was reminded it has agreed to review plans for Council/committee meetings at each of its meetings during the COVID-19 public health emergency. The Committee considered a report by the Director of Law and Assurance containing an update on meeting arrangements up to March 2021 together with information on member catering.

45.2     The Head of Democratic Services introduced the report and highlighted that the Committee was asked to consider whether County Local Committees (CLCs) should be cancelled in February/March 2021, to be replaced with informal meetings to reduce current pressures on Democratic Services and to ensure that the other formal committees could continue to take place virtually. She also reported that an officer decision was in progress to permanently close the County Hall campus Martlets restaurant, so asked members to comment on the future of member catering, most of which is provided by the Martlets restaurant.

45.3     The Committee discussed the round of CLC meetings and agreed that informal sessions should replace them. While regretting the lack of capacity for running formal CLCs, members acknowledged the pressures on Council staff.

45.4     In response to a question about areas of Democratic Services support could be affected if CLCs were to go ahead, the Director of Law and Assurance reported that election and induction work for the 2021 elections and the Service’s ability to redeploy staff to support the emergency effort in Adults and Children’s services would be the main areas affected.

45.5     Members discussed catering and noted that neighbouring councils had more limited catering than has been provided at West Sussex County Council. Having some sort of lunch provided on Council day and on other days with long meetings was highlighted as important, to minimise increases in allowance claims. There was also some support for providing tea and coffee facilities. It was agreed that all members should be consulted on the matter.

45.6     Cllr Walsh proposed that formal CLC meetings should be held in February/March 2021. This was seconded by Cllr M Jones. A vote was taken and the proposal was lost.

45.7     Resolved –

(1)        That the list of formal meetings due to be held up to the end of March 2021, as set out at the appendix, be noted.

(2)        That formal County Local Committees be cancelled in February/March 2021 but informal sessions should be held instead.

(3)        That all members should be consulted on future catering arrangements in view of the proposed closure of the Martlets Restaurant.

(4)        That the Council’s capacity and resources to support member meetings should continue to be monitored by this Committee in liaison with all members.

46.1     The Committee considered a report by the Director of Law and Assurance which set out a motion submitted to Council on 6 November 2020 by Cllr M Jones (copy appended to the signed minutes).

46.2     The Director of Law and Assurance advised that the motion had been referred to the Governance Committee in light of the Pensions Committee’s role as administering authority for the West Sussex Local Government Pension Scheme on behalf of around 200 employers. It was more appropriate for the Governance Committee to comment as the Committee responsible for pensions matters as a pension scheme employer.

46.3     Cllr M Jones called on the Committee to urge Council to support the motion as a clear sign of the Council’s commitment to tackling the climate emergency.

46.4     The Committee discussed the motion. Some members felt that the Council should leave the Pensions Committee to make its own investment decisions as administering authority, albeit commenting that it is possible for the Council as with any other employer in the scheme to ask the Pensions Committee to consider such principles while undertaking its fiduciary duty for ensuring overall sustainability of the pension scheme.

46.5     Cllr Lanzer made a proposition, seconded by Cllr Marshall that the Governance Committee recommend to the Council that it ‘requests that the Pensions Committee maintains the application of environmental, social and governance principles throughout its process while seeking to maintain sustainable investment principles.’ A vote was taken and the proposition was agreed.

46.6     Cllr Walsh made a proposition, seconded by Cllr Jones that the Governance Committee recommend to the Council that it ‘requests that the Pensions Committee consults all employers in the West Sussex Local Government Pension Scheme on whether the Scheme should divest in fossil fuel companies.’ A vote was held and the proposition was lost.

46.7     Resolved – That the Committee recommends to the Council that the Pensions Committee be asked to maintain the application of environmental, social and governance principles throughout its process while seeking to maintain sustainable investment principles.

On 23^rd December 2020, the government announced a specific support package for adult social care providers backed by £149m to support the rollout of Lateral Flow Device (LFD) testing in care homes.

The specified purpose of this funding is to support additional rapid testing of staff in care homes, and to support visiting professionals and enable indoors, close contact visiting where possible. This includes adult social care providers with whom the local authority does not have a contract.

The West Sussex allocation of this money is £3.284m. The expectation from government is that 80% of the money is passported directly to registered care home providers and the remaining 20% is allocated to the care sector, for the same purpose, based on local discretion.

The Council is required to comply with a number of conditions set out in the grant circular distributed by Government.

The Director of Law & Assurance, with the agreement of the Executive Director Adults and Health and the Chairman of the Health and Adults Social Care Scrutiny Committee, has used his delegated powers under Standing Order 5.23 for approval to be given that;

(1)80% of the Adult Social Care Rapid Testing Funding is paid to care home providers, in line with Government Guidance, subject to the government grant conditions, and the providers’ acceptance of the terms and conditions of the Council’s grant agreement with them; and

(2)that the allocation of the remaining 20% of the Rapid Testing Fund, will be allocated at the same rate per bed to support extra care and supported living settings. The remaining 20% funds will be allocated to smaller care homes and supported living settings where the proportionate costs are greater to implement LFD testing. This allocation is made for the same purpose as the 80%, based on local need and made subject to appropriate grant conditions.

In December 2018  the decision was made (report ref: AH11 18/19) to reduce expenditure on Housing Related Support to £2.3million by 2020/21. The reduction was to be implemented over the financial year 2019/20, allowing time to remodel services and explore impact mitigation with providers, District & Borough Councils and other partner organisations, ensuring that services are still able to meet the needs of vulnerable people.

In accordance with the Key Decision  taken on 14 August 2020 ( Report ref: OKD26 (20/21)  a procurement exercise is being undertaken to replace the contracts for 3 Housing Related Support Services which expire on 31^st March 2021 and contribute to the fulfilment of West Sussex County Council objectives for Best start in life, a Strong, Safe And Sustainable Place and Independence for Later Life.

The Executive Director Adults and Health will be asked to award the contract(s) to the successful bidder in January 2021 to commence on 1 April 2021. The contract (s) will have an initial term of 2 years with the option to extend for up to a further 2 years.

The Executive Director Adults and Health has approved the award of Contracts to the following Suppliers. The service will commence from 1^st April 2021 with a two-year initial period to 31^st March 2023, with the option to extend for a further 2 years;

• Lot 2: Arun: Sanctuary Housing Association
• Lot 3: Chichester: Stonepillow
• Lot 4: Crawley: Southdown Housing Association
• Lot 5: Horsham: Southdown Housing Association
• Lot 6: Mid-Sussex: Peabody South East

(Please note that the contract award for Lot 1: Adur & Worthing will be delayed to allow Adur & Worthing Councils time to complete necessary internal governance processes. Once these processes are complete,  an additional Officer Key Decision Report, regarding the award of Lot 1, will be submitted.) 

A variation to the contract for the Provision of a Health and Wellbeing Recovery Service for Children, Young People and Adults who use Alcohol and /or Drugs is required to include the three services described below, for the period 1 April 2021 to 9 May 2023.  The Total value of the current contract (5+2 years) is £35,998,201 and the contract variation is less than 10% of the total contract value, £630,000.

High level services improve support and outcomes for children of alcohol dependent parents and reduces parental conflict in these families. This group experiences greater likelihood of poor school attendance and engagement; physical and emotional difficulties in later life including greater risk of substance misuse and parental conflict. These services include;

1. Support for Children of alcohol and drug dependent parents; and
2. The ‘Growing Families’ Service; a team of front-line workers, working across the multi-agency early help system, to support children and families from pre-birth, early years and school age.

Misuse of alcohol and/or drugs often goes hand in hand with mental health issues. Local audits and service reports demonstrate that significant mental health difficulties are experienced by high level numbers on a substance misuse service caseload. This service includes;

3. Specialist support for adults with co-occurring substance misuse and mental health difficulties

The investment will increase capacity and the out-reach function to respond to the needs of people more effectively with co-occurring conditions.

The proposal for the variation is for a countywide model with a strong focus on outreach, assertive engagement and multiagency working. Interventions will be evidence based as specified in the National Institute for Healthcare and Excellence (NICE) guidelines.

The Interim Director of Public Health has approved the variation of the contract for the Provision of Service for Children, Young People and Adults who use Alcohol and/or Drugs with effect from 1 April 2021 to 9 May 2023.