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.