CABINET

 

 

MINUTES of a meeting held on 19th September, 2007.

 

Present: Councillor Ms. M.E. Alexander (Chairman); Councillors R.F. Curtis, S.C. Egan, N.J. Gibbs, Mrs. V.M. Hartrey, G. John, Mrs. M. Randall, Mrs. M.R. Wilkinson and C.J. Williams.

 

Also present: Councillors N.P. Hodges and Mrs. M. Kelly Owen.

 

                       

C3190                        APOLOGY FOR ABSENCE-

 

This was received from Councillor N. Moore.

 

 

C3191                        MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 5th September, 2007 be approved as a correct record.

 

 

C3192                        DECLARATIONS OF INTEREST -

 

The following Members declared interests as indicated below:

 

Councillor N.J. Gibbs

Agenda Item No. 12 - Christmas Lights Grants - Member of Penarth Town Council

Councillor G. John

Agenda Item No. 10 - Community Action Self Help (CASH) Scheme 2007/08 - Ward includes St. Donats / Marcross

Agenda Item No. 12 - Christmas lights grants - Member of Penarth Town Council

 

Councillor G. John vacated the room during consideration of both matters in which he had declared an interest, Councillor Gibbs having declared an interest under paragraph 12 of Part 5(A) of the Constitution.

 

 

C3193                        THE POUND, LLANBLETHIAN (REF. - MIN. NO. 297) -

 

The Scrutiny Committee (Economy and Environment) had, on 4th September, 2007 considered matters pertaining to the disposal of the above site and had requested Cabinet to declare the property surplus to requirements.   The land in question comprised 132m² and an electricity sub-station and had, until recently, been cultivated by a tenant who had now relinquished occupation of the site.  The site had no public access and was thought to be subject of an easement for the electricity company to access the sub-station.  It was also noted that the site was enclosed by limestone with lime mortar walls and that maintenance of the said walls would be high.  No adverse comments had been received from local ward Members in respect of the disposal of the site but attention had been drawn to the desirability of protecting the Council’s long-term interest by imposing a suitable condition to ensure that, in the event of any development taking place on the land in question, there would be some clawback to the Council.  The Committee had subsequently requested Cabinet to agree, prior to any disposal of the property, that matters relating to the easement be fully investigated and an appropriate legal condition drawn up to safeguard the Council’s long-term interest in respect of any subsequent development taking place on the land. 

 

This was a matter for Executive decision.

 

RESOLVED - 

 

(1)       T H A T the recommendations of the Scrutiny Committee (Economy and Environment) be endorsed and the property known as The Pound, Llanblethian be declared surplus to requirements, and that the Director of Finance, ICT and Property subsequently advertise and dispose of the property in consultation with the Director of Environmental and Economic Regeneration and the Director of Legal, Public Protection and Housing Services.

 

(2)               T H A T, prior to any disposal of the property, matters relating to the easement be fully investigated and an appropriate legal condition drawn up to safeguard the Council’s long-term interest as indicated above.

 

Reasons for decisions

 

(1)       To facilitate disposal, to reduce the maintenance liability of the Directorate and to enable the advertisement for the disposal of the property to take place.

 

(2)       To safeguard the Council’s interest.

 

 

C3194                        SOCIAL SERVICES JOINT REVIEW - RESPONSE FROM CARE AND SOCIAL SERVICES INSPECTORATE WALES (CSSIW) AND THE WALES AUDIT OFFICE (WAO) TO THE COUNCIL’S ACTION PLAN  (CX) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY)  -

 

The CSSIW and WAO had conducted a joint review of the Council’s Social Services beginning in 2006.  As a result of the joint review and the budget situation in Social Services, the Change Plan had been developed to address the issues in the Service which included reducing spend and driving up performance.  An Interim Manager had been appointed in February 2007 to develop and implement a Change Plan and to manage the newly created Social Services Directorate.  The Change Plan had been submitted to the CSSIW as the Council’s action plan and response to the recommendations contained in the joint review.  The WAO and CSSIW had commended the work to date and confirmation of those views was appended to the report.  The inspectors had particularly commended:

 

·                    having named officers to be responsible for the key actions

·                    dates being clearly set for the delivery of actions

·                    the involvement of staff from outside the department, particularly the help from the Corporate Centre

·                    recognition of the need to engage partners and stakeholders.

 

The Council would be required to submit regular progress reports to the CSSIW and WAO and it was noted that there would be some limited follow-up work to monitor the implementation of the Change Plan. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the views of the CSSIW and WAO be endorsed and the Interim Director of Social Services provide an update on progress in implementing the Change Plan. 

 

Reason for decision

 

In order to progress the implementation of the Change Plan and to monitor the progress.

 

 

C3195                        THE REVIEW OF COMMUNITY COUNCIL AND COMMUNITY WARD BOUNDARIES (CX) (SCRUTINY - CORPORATE RESOURCES) -

 

Authority was sought to undertake a review of community boundaries and electoral arrangements within the County Borough prior to the next review of electoral arrangements by the Local Government Boundary Commission  Wales which was due to commence towards the end of 2007.  In view of the importance of communities and community wards in the administrative structure of electoral arrangements, it was considered imperative for the Council to address any issues in respect of community boundaries or community electoral arrangements by the above date.  It was noted that any subsequent recommendations by the Boundary Commission would not come into effect until the 2012 local elections.  Whilst legislation prevented the Boundary Commission from carrying out such reviews, a mechanism did exist whereby the WAG was able to direct the Boundary Commission to undertake a review as a result of a request from a local authority.  Given the Council’s limited staff resources, it was considered appropriate to seek such a direction for the Boundary Commission to undertake some or all elements of any such review.  Were such a direction to be given, the Boundary Commission had already confirmed that it would provide whatever assistance it could to the Council with the local review. 

 

This was a matter for Executive decision.


 

 

RESOLVED -

 

(1)       T H A T a review of the community boundaries and community electoral arrangements within the County Borough of the Vale of Glamorgan be authorised.

 

(2)       T H A T direction be sought from the WAG for the Local Government Boundary Commission to undertake the review.

 

(3)       T H A T the Chief Executive be authorised to progress matters in consultation with the Leader.

 

Reason for decisions

 

(1-3)    To progress the review.

 

 

C3196                        CORPORATE PLAN MONITORING (CMT) (SCRUTINY - ALL) -

 

The Council’s Corporate Plan had been reviewed last year, having been reported to Cabinet in September 2006 and approved by Council in October 2006.  In March 2007, Cabinet had received a report identifying which Members and officers were responsible for each target and action in the Corporate Plan.  Those details were appended to the report and also provided an update on progress achieved in 2006-7.  Each target and action had been coded as follows:

 

·                    completed or on track for completion within agreed timescales

·                    concerns about outcomes not being achieved within agreed timescales

·                    significant risk of outcomes not being achieved within agreed timescales.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the progress made in implementing the Council’s Corporate Plan 2006-2010 as identified in the schedules appended to the report be noted.

 

Reason for decision

 

To ensure that the Corporate Plan is effectively monitored.

 

 

C3197                        DELEGATED POWERS FOR PLANNING OBLIGATIONS CONTAINED WITHIN SECTION 106 LEGAL AGREEMENTS (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Consideration was given to extending the existing system of delegated powers to the determination of planning applications which were subject to Section 106 Legal Agreements but only for those planning applications that would normally be determined by the Director of Environmental and Economic Regeneration / Head of Planning and Transportation under the existing scheme of officer delegation.  Approval was also sought to delegate powers to spend monies received through planning obligations contained within Section 106 Legal Agreements in accordance with the provisions of the Legal Agreement as agreed by the Planning Committee in consultation with the Director of Finance, ICT and Property, the relevant service areas, the local Ward Member(s) and the relevant Cabinet Member.  By way of background it was explained that the Council had the power to enter into Legal Agreements with developers under Section 106 of the Town and Country Planning Act 1990 to seek contributions from developers to mitigate negative development impacts and facilitate development which might not otherwise occur, and that the Council had recently appointed a Section 106 officer to co-ordinate the seeking, implementing and monitoring of such Agreements in consultation with the relevant service areas.  It was noted that the current scheme of delegation for planning applications enabled the Director / Head of Planning and Transportation to determine relatively minor planning applications but was currently silent on applications of that nature which were subject to Section 106 Legal Agreements.  It was also noted that, in terms of implementation and monitoring, there was no current established protocol for the spending of monies received through planning obligations and no database had been maintained to record this information.

 

The use of delegated powers for determining planning applications was recognised as good practice throughout Local Authorities as a way of speeding up the decision making process and removing bureaucracy for relatively minor planning applications.   “Speed” was one of the aims of the planning obligations service standards and it was, therefore, crucial that where applications were relatively minor in nature they should not be unduly delayed because of the need for a legal agreement.  It was further proposed that once the Section 106 monies were received, a process be introduced for those monies to be spent in accordance with the terms of the legal agreement without the need for a further report to Cabinet.  A flow chart indicating the proposed process was appended to the report.  The procedure was considered necessary to reduce the workload burden upon service areas, to improve efficiency in the implementation of planning obligations, to ensure consistency across the Council in terms of the implementation of planning obligations and to ensure transparency for all interested persons.  A planning obligations database had now been established and an annual report would be prepared to inform both the Cabinet and the Planning Committee about progress on the implementation of planning obligations.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T, subject to consultation with the Planning Committee,

 

·                    the current scheme of delegation be amended to include all applications which were subject to a Section 106 Legal Agreement (or unilateral undertaking) where those applications would ordinarily be determined under delegated powers by virtue of the type of application

·                    that monies received through planning obligations contained within Section 106 Legal Agreements be spent in accordance with the terms of the Legal Agreement and authorised by the Head of Planning and Transportation and / or Director of Environmental and Economic Regeneration in consultation with the Director of Finance, ICT and Property, Cabinet Member for Finance, ICT and Property, the relevant service areas and the local Ward Member(s).

 

Reasons for decision

 

To allow for improved efficiency in the progression of minor applications which are subject to Section 106 Legal Agreements and to enable the efficient and effective implementation of planning obligations and to avoid the duplication of workload and reporting.

 

 

C3198                        BARRY TOWN HALL - EXHIBITION AREA (DEER) (SCRUTINY - CORPORATE RESOURCES) -

 

Cabinet, having considered a report on the above proposal in July 2007, had requested a further report containing additional information.  Having already agreed in principle to the option of introducing a Coffee Shop / Bar facility within the Exhibition area, it was reported that work had already commenced on the resolutions contained within Cabinet Minute No. C3156, namely:

 

·                    the carrying out of a marketing exercise to gauge the quality of potential providers of a Coffee Shop / Bar facility

·                    an examination of the Library service taking responsibility for the remaining Exhibition area

·                    an identification of the capital and revenue costs of operating the Exhibition / Coffee Shop / Bar area.

 

Appended to the report were some points for consideration received from the Arts Council of Wales.  Particular reference was drawn to the income generation part of the Arts Council document and the point made that, whilst the suggestions made were useful, the necessity remained to provide core funding to underwrite the organisation and supervision of the Gallery and there was no provision for such costs in the Directorate’s revenue budget.  In terms of Arts Council grants, the Council would be required to continue full funding following the expiry of any grant and, again, no such funding had been identified.  Information relating to the Citizen’s Panel research of Barry residents was also appended to the report.  Whilst the information had been collected prior to the opening of the Library in November 2006, the findings appeared to indicate that, on the basis of the sample, a Coffee Shop would be welcomed at the Town Hall.  It was also noted that an expression of interest in running such a facility had already been received from one private sector business. 

 

It was considered that a mix of uses within the Town Hall site would increase footfall, not just for purposes of visiting the building itself but also Central Park and the town centre in general.  In order to allay the fears of those who considered the proposal would deflect interest from the Exhibition space, confirmation was given that it was intended that the Coffee Shop / Bar would be a discrete facility.  Further details would be reported to Cabinet in due course in order that the situation could be monitored.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T resolutions (1), (2), (3) and (4) of Minute No. C3156, as outlined above, be reaffirmed.

 

Reason for decision

 

To agree a way forward.

 

 

C3199                        COMMUNITY ACTION SELF HELP (CASH) SCHEME 2007/08 (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Applications in respect of the above to provide funding to Town and Community Councils to undertake capital schemes of their choice within their own area together with the grants recommended in respect of each were appended to the report.  Also appended to the report were the scheme’s conditions and criteria.

 

This was a matter for Executive decision.

 

RESOLVED - T H A T, subject to full compliance with the need for full details and quotations, the following grants be allocated as indicated below:

 

Site / Location

Scheme Description

Grant

Recommended

Llandough Community Council:

Llandough and Leckwith War Memorial Institute Hall

 

 

Provision of roller shutter door

 

£800

 

 

Penllyn Community Council:

Ystradown Village Hall

 

Kitchen units renewal and associated works

 

 

£5,500

St. Donats Community Council:

St. Donats and Marcross wards

 

Community notice boards (2)

 

£600

Wick Community Council:

Wick

 

Village bench and notice board

 

£725

 

Reason for decision

 

Having regard to the budget available and sum requested.

 

 

C3200                        CHRISTMAS GRANTS (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

In previous years Community Councils had been requested to submit suitable “Christmas feature” projects for CASH funding, and OAP and similar organisations had been invited to apply for financial assistance towards provision of a Christmas lunch for their members.  In respect of Christmas CASH, the sum made available for Community Councils in the last two years had been £350, increased from £300 paid in the five years prior to that.  In respect of OAP organisation Christmas lunches, the sum made available last year had been £3 per capita increased from £2.50 per capita paid in the two years prior to that.  The total cost of the aforementioned grants had been £9,100 per annum and approximately £7,000 per annum respectively.  It was proposed that both of the above grants be maintained at the same level as last year. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the sum to be made available to each Community Council for Christmas CASH funding for 2007/08 be maintained at £350.

 

(2)       T H A T the per capita sum to be made available to OAP organisations for Christmas lunches for 2007/08 be maintained at £3.

 

Reason for decisions

 

Having regard of the level of applications and the budget available.

 

 

C3201                        CHRISTMAS LIGHTS GRANTS (DFICTP) (SCRUTINY - CORPORATE RESOURCES) -

 

Views were sought on the awarding of grants for Christmas lights for a period of three years from 1st April 2007, the current level of funding for Christmas lights / “switch on events” etc. totalling £18,000.  As in previous years, the Town and Community Councils / Chambers of Trade in each of the main town centres in the Vale had submitted details of their estimated spend and funding requirements for 2007.  Consideration was then given to the applications submitted by Barry High Street Traders, Penarth Town Council, Cowbridge Town Council / Cowbridge Chamber of Trade and Llantwit Major Town Council / Llantwit Major Chamber of Trade.  The Leader then referred to a further application from the nascent Penarth Chamber of Trade.  Following consideration, it was agreed that the Chamber should be granted a one off grant as a pump priming exercise. 

 

This was a matter for Executive decision.


 

 

RESOLVED -

 

(1)       T H A T grants for Christmas lights for 2007, 2008 and 2009 be awarded as follows:

           

 

Barry High Street Traders

£2,500 p.a.

Penarth Town Council

£3,000 p.a.

Cowbridge Town Council

£2,000 p.a.

Llantwit Major Town Council

£2,500 p.a.

 

(2)       T H A T, subject to full compliance with the necessary criteria, Penarth Chamber of Trade be granted a one off payment of £2,000 for 2007.

 

(3)       T H A T Deeds of Grants be entered into and that it be a condition of the funding that the contribution of Council be suitably acknowledged.

 

Reasons for decisions

 

(1&2)  To provide for Christmas lights having regard to the sums requested and the budget available.

 

(3)       To recognise the contribution of the Council.

 

 

C3202                        MEMBER REPRESENTATION ON THE BARRY YMCA (DLPPHS) (SCRUTINY - CORPORATE RESOURCES) -

 

Whilst the YMCA’s Constitution did not provide for any Council nominated representatives, proposed changes to that Constitution had now been approved by the YMCA’s Board to the effect that the Council’s representatives would be in future appointed at the Annual General Meeting of the YMCA and would have full voting rights.  Currently, nominations were considered at the first meeting after the AGM with restrictions on voting rights.  The proposed changes to the YMCA’s Constitution would be considered by the Charity Commission which could take up to 12 weeks but would be in good time for the next Annual General Meeting.  The position with regard to current membership was that due to the non-attendance of the Council’s nominated representatives at YMCA meetings for a continued period of six months, those members had been suspended.  Attention was drawn to the fact that although two new members could be nominated to attend Board meetings with immediate effect, the new members would be subject to the current Constitutional arrangements, i.e. no voting rights until the proposed changes were approved by the Charity Commission.

 

This was a matter for Executive decision.


 

RESOLVED -

 

(1)       T H A T the position with regard to co-option and voting rights of Council representative members sitting on the YMCA Management Board be noted.

 

(2)       T H A T Councillors R.J. Bertin and S.C. Egan be nominated to attend meetings of the YMCA Management Committee until the local government elections in May, 2008.

 

Reasons for decisions

 

(1)       To note the proposed changes to the YMCA’s Constitution.

 

(2)       To ensure representation.

 

 

C3203                        HOMELESSNESS SERVICES - THE OAK FOUNDATION PROJECT (DLPPHS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

Authority was sought for the Homelessness Service to enter into a partnership agreement with Llamau Limited to enable Llamau to undertake the application and assessment of all 16 and 17 year olds who presented themselves as homeless to the Council.  By way of background it was explained that the current arrangement between Llamau and the Council required all 16 and 17 year old clients to attend the Jigso Project run by Llamau.  The main funding for the Jigso Project had historically been provided by Lottery Funding (which came to an end in 2006);  other funding came from the WAG and the Council provided £18k. per annum.  Over the last year, Llamau had been subsidising the costs from its own reserves and was now unable to continue.  The loss of the service would have a serious impact locally, specifically on the Council services - details of which were contained within the report.  Because of the difficulties in obtaining new funding for existing services, Llamau had approached officers of this Council with a request for support in a bid to the Oak Foundation for funding for the next three years.  The bid focussed on preventative services for 16 and 17 year olds and also proposed that the homelessness application and investigation process could be carried out within the Jigso Project by staff employed by Llamau.  Officers gave their support for the bid in principle in order to satisfy the grant-funding deadline and the bid was, in fact, successful with £317,563 being awarded over three years on condition that there was an adequate independent monitoring system in place which satisfied both the requirements of the Council and the Oak Foundation.  It was noted that there were no direct resource implications for the Council if Llamau were supported in the funding bid to provide services in partnership with the Homelessness Service. 

 

This was a matter for Executive decision.


 

 

RESOLVED -

 

(1)       T H A T the Council’s support for the Oak Foundation funding bid made by Llamau Limited to ensure the continuation of the Jigso Project for the next three years be endorsed.

 

(2)       T H A T Llamau undertake the assessment of applications and enquiries from 16 and 17 year old clients who were homeless or threatened with homelessness and make recommendations to the Council for the decision on homelessness to be made.

 

Reasons for decisions

 

(1)       To ensure that there is continuity of services for 16 and 17 year olds and single homeless people in the Vale of Glamorgan.

 

(2)       To ensure that the Council continues to meet its statutory duty to 16 and 17 year olds and single homeless people in the Vale of Glamorgan.

 

 

C3204                        SUPPORTING PEOPLE OPERATIONAL PLAN 2007/08 - 2008/09 (DLPPHS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

In line with WAG Guidance, the Council had established a Supporting People Planning Group (SPPG) to co-ordinate and develop the Supporting People Operational Plan (SPOP), membership of which was made up of officers from the Housing Division, Social Services Department, the National Probation Service, the Vale Local Health Board and the Voluntary Sector.  In addition to the core membership, service managers from a range of agencies which worked with and had additional data on the provision and assessment of alternative housing and support had been invited to each meeting of the SPPG in order to allow fully informed decisions on the future service priorities to be made. 

 

The draft SPOP for 2007/08 - 2008/09 was appended to the report.  Officers were commended on the production of the document which not only provided the policy and funding framework for delivering accommodation based support to vulnerable persons but would serve as an invaluable source of information to Members on a ward by ward basis. The main issues from the SPOP in respect of the development and provision of supportive accommodation services, outlined in the report, were summarised as:

 

·                    an assessment of the support needs of individuals who had contacted the Housing Division and other voluntary and statutory agencies had been undertaken

·                    units of support had been mapped throughout the Vale

·                    a priority to develop an Extra Care Scheme for clients with either a physical mobility issue, mental health issue, learning disability, chronic illness or a combination of some or all of the above

·                    the expansion of the Vale Community Alarm Service had been identified as a priority

·                    a need to develop supportive housing for clients of different ages jointly funded with community care for clients with various support and care needs

·                    priority to extend the number of direct access bed spaces for young and vulnerable people, for women surviving domestic abuse and for homeless clients with a substance misuse issue

·                    a need to develop a new floating support scheme for all clients and modelled on the Council’s Tenant Support Scheme for service users living in privately rented accommodation or being owner-occupiers.

 

Revenue costs of the new support service identified in the SPOP was estimated at £2.8m.  It was noted that there would also be capital funding requirements for some of the projects which had yet to be calculated.  The matter of funding required further exploration with the Council’s partners and WAG. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the Supporting People Operational Plan 2007/08 - 2008/09, as appended to the report, be approved.

 

(2)       T H A T the use of the urgent decision procedure under Article 13.09 of the Council’s Constitution be agreed to enable the SPOP to be submitted to WAG by the deadline of 30th September, 2007.

 

(3)       T H A T the officers concerned in the preparation of the SPOP be congratulated on the production of that most comprehensive document.

 

Reasons for decisions

 

(1)       To ensure the Council complies with the timetable requirements of the WAG.

 

(2)       To meet the WAG deadline.

 

(3)       To recognise the efforts made.

 

 

C3205                        TENDERING PROCESS FOR SERVICES AT THE WESTERN VALE INTEGRATED CHILDREN’S CENTRE (IDSS) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

Following on from the decision of Cabinet in February 2007 in respect of the Western Vale Integrated Children’s Centre (Minute No. C2892) NCH Cymru had been identified as the interim provider of some services for an agreed amount within available resources.  Notice of termination of the Service Level Agreement had been given to the Llandaff Diocese Board for Social Responsibility and a tendering process using the combined service specification for Co-ordination, Child Care, Early Years Support and Activities for Older Children was underway.  It was hoped that the new provider, or partnership of providers, would be identified during the first full week of November 2007. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T the route taken in respect of the tendering process for services at the Western Vale Integrated Children’s Centre be noted and the Director of Finance, ICT and Property in consultation with the Chief Executive, the Cabinet Member for Social and Care Services and the Deputy Leader of the Council be granted delegated authority to award contracts following the satisfactory conclusion of negotiations.

 

Reason for decision

 

So that Cabinet is appropriately informed about the project.

 

 

C3206                        EXCLUSION OF PRESS AND PUBLIC -

 

RESOLVED - T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.

 

 

C3207                        PENARTH CENTRAL RENEWAL AREA: GROUP REPAIR PHASE 5B - APPOINTMENT OF CONTRACTORS (EXEMPT INFORMATION - PARAGRAPH 21) (CX) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

Four tenders had been received in respect of the above.  Following checking, the tender submitted by Orbit Construction had been considered good value for money and comparable with previous phases. 

 

This was a matter for Executive decision.

 

RESOLVED - T H A T, subject to the contractor providing a satisfactory Health and Safety Plan for the construction stage and the required Performance Bond, the tender from Orbit Construction in the sum of £353,865.88 be accepted and that the Council enter into a contract with that company to undertake Phase 5B of the Group Repair Programme for the Penarth Central Renewal Area.


 

 

Reason for decision

 

To enable progress of the Group Repair Programme and the Penarth Central Renewal Area Strategy 2004-08.

 

 

C3208                        MATTER WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -

 

RESOLVED - T H A T the following matter, which the Chairman had decided was urgent by reason of the need to report proposals for setting care home fees as soon as possible in order to determine interim and final fees, be considered.

 

 

C3209                        CARE HOME FEES (IDSS, DFICTP AND DLPPHS) (EXEMPT INFORMATION - PARAGRAPH 16) (SCRUTINY - COMMUNITY WELLBEING AND SAFETY) -

 

The purpose of the report was to devise a methodology to set care home fees and to address the outcome of a recent arbitration case.  In May 2006 arbitration had commenced against the Council on the basis that the Council was in breach of its contractual duty to negotiate and agree the price for individual residential care for residents in the care home in question for the financial year 2006/07.  The decision of the Arbitrator had resulted in the Council having to pay a sum which was 48% above the standard fee for the Council in 2006/07 and significantly higher than the level paid by any authority in Wales. 

 

In order to meet the statutory requirements of Section 7 of the Local Authority Social Services Act 1970 in relation to care home fees it was necessary to develop a methodology as a matter of urgency.  Cabinet considered that the proposal could be undertaken in two phases with an interim fee being introduced with immediate effect, the rate being calculated by undertaking an analysis of financial data received from care home owners to date, fees paid during the financial year 2007/08 and care home market fees across Wales.  In Phase 2, it was proposed that a methodology for determining a fair rate for care be developed by the Council.  It was anticipated that that work would be completed by December 2007.  The WAG, the WLGA and ADSS were being kept informed of the developments and action taken by the Council. 

 

The resulting cost to the Council in relation to 2006/07 as a consequence of the arbitration decision was £273k., for which provision had been made in the accounts.  The Arbitrator had also instructed the Council to pay interest which would have to be met from the 2007/08 Revenue Budget.  Whilst the arbitration decision related to just one care home, it was proposed that the Council set an interim rate to apply to all care homes in the current financial year of £390 per bed per week.  It was noted that that would increase the cost of current placements by £670k. during 2007/08.

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the outcome of the arbitration and the financial impact on the Council be noted.

 

(2)       T H A T the action to be taken with regard to the setting of a Fair Price for Care in the Vale of Glamorgan be agreed.

 

(3)       T H A T an interim fee of £390 per bed per week, to be backdated to 1st April, 2007, for care homes in the Vale of Glamorgan be agreed pending the final fee being determined.

 

(4)       T H A T a final fee for 2007/08 be calculated by December, 2007. 

 

(5)       T H A T care home owners and proprietors be notified of the interim fee and the two phased approach in establishing a fee for 2007/08.

 

(6)       T H A T the Interim Director of Social Services report the final proposed fee to Cabinet by January, 2008.

 

(7)       T H A T, if necessary, the urgent decision procedure under Article 13.09 of the Constitution be implemented to authorise the Interim Director of Social Services to implement resolutions (3), (4) and (5) above by September, 2007.

 

Reasons for decisions

 

(1)       To inform Members regarding the impact of a recent arbitration case in relation to the cost of care homes.

 

(2-6)        Agreement is required to set and communicate a methodology in accordance with all the relevant guidance for care home fees.

 

(7)       To ensure that care home owners and proprietors are kept apprised of developments to establish fees as a matter of urgency.