Agenda and minutes

You are invited to declare any registerable and/or non-registerable interests in matters appearing on the agenda, and the nature of that interest.

You are also invited to disclose any dispensation in relation to any registerable and/or non-registerable interests that have been granted to you in respect of any matters appearing on the agenda.

Please complete the Declarations of Interests card available at the meeting and return it to the Democratic Services Officer before leaving the meeting.

Councillor K Clark declared a registerable personal interest in agenda Item 5: 2023-24 Performance and Financial Management Report to 30 September 2023 (CAB71/23), and agenda Item 6: 2024-2028 Financial Planning and Budget Process incorporating the Associated Engagement Strategy (CAB72/23), as she was a Director and Employee at Justice Prince CIC which had contracts with North Tyneside Council funded from the Housing Revenue Account (Working Roots).

To confirm the minutes of the meetings held on 16 October (Ordinary meeting) and 30 October 2023 (Extraordinary meeting).

Resolved that the Minutes of the previous meetings held on 16 October (Ordinary) and 30 October 2023 (Extraordinary) be approved and signed by the Chair.

To receive a verbal report on the latest activities of the Young Mayor and Young Cabinet.

The Young Mayor reported on the following activities in which he and Young Cabinet Members and/or Youth Councilors had been involved:

·       Youth Councillors, together with four schools in the Borough had taken part in Democracy Week which included debate on topics the young councillors wanted to take forward namely – ‘Young People should be allowed to vote at 16 years old’, and ‘Public funds should be diverted from being invested in the motor industry and instead be invested in better public transport’; which following a vote was the topic selected.  The young people also voted for the school that they thought had put forward the best argument and this year, Marden High School won the trophy.  Thanks went to all of the panel members who responded to the young people at the Young Persons Question Time. The Young Mayor also thanked Deputy Mayor Carl Johnson and Councillor Peter Earley (who also co-chaired the Youth Council debate) for their support.

·       At a SEND event held at Quadrant for 16 to 25-year-old learner’s, new members were recruited to the Equality and Diversity Committee.

·       The Equality and Diversity committee had participated in a disability awareness session for youth councillors, where the young people were given temporary barriers such as things that affected their sight, hearing and mobility and which made it difficult for them to access everyday activities, which they found thought provoking. 

·       Youth Members had taken part in the planting of 650 Trees alongside the Coast Road, near Chollerford Avenue, North Shields, as part of the North East Community Forest Programme.

·       Member of Youth Parliament Sharon had visited to the House of Commons, where she took part in a debate about food poverty, MYPs voted on a ‘Food for Learning’ campaign and moving forward would be around finance and funding.

·       The Regional Children in Care Council Event had taken place at Sunderland University where the young people participated in workshops on mental health, the Local Offer and life skills as themes, discussions included ideas on

how to overcome challenges, and a promise from professions in attendance which would be used to help plan for a full day conference in April 2024.

·       A Children in Care and Care Leavers celebration event had taken place at the Linskill Centre where young people reflected on their strengths, skills and determination in a range of areas, followed by awards in categories including the Hardest Grafter, Independence award, Long term achiever, Money Management, Positivity, Progression, Team player, Jetsetter award, and two awards for life skills. 

·       The young people had been busy this month within this Year of the Voice of the Child and were hoping to achieve much more in the coming months.

The Deputy Mayor thanked the Young Mayor for his update and the Young People and congratulated him and all the young people for their valuable work and achievements in the borough, regionally and nationally. These accolades were echoed by the Cabinet Members present.

To consider a report on the 2023-24 Performance and Financial Management Report to 30 September 2023.

Cabinet received a report which provided a full overview of both the service delivery performance and budget position across the Authority as at 30 September 2023.  For performance, it sets out the key areas of service delivery, including where this impacted in budget terms.  In terms of the budget, it sets out the forecast outturn position to 31 March 2024 for both revenue and capital. 

The report detailed the current position in relation to schools finance, the Authority’s Investment Plan, developers’ contributions and treasury management.  It also provided details of additional revenue and capital grants received up until 30 September 2023.

In terms of performance, it was reported that service delivery overall across the Authority remained strong.  The Authority continued to manage high levels of demand in a number of areas including Education, Health and Care Needs Plans, children in care, children in need, home care provision, residential and nursing care placements all of which had financial implications.  Key areas of strength were delivery of the Our North Tyneside Plan 2021-2025 priorities such as the affordable homes programme and carbon net zero.  The Ambition for North Tyneside Programme was progressing well with regeneration projects across the four areas of the borough.  Capital investment continued to deliver planned improvement works helping maintain council homes at the decent homes standard.  Council Tax and Business Rates collection also remained on track.  

Since the last report, the number of children in care had increased from 376 in July to 385 in September, which was an additional 55 children in care compared to budgeted levels. The number of children in need had decreased from 1,664 in July to 1,617 in September, closing the gap on the 1,600 budgeted for.   The result of the additional children in care compared to July combined with the current mix of placements had driven a £1.372m worsening of the Children’s Services position, to a total forecasted pressure of £7.846m.

The budget’s overall projection for 2023/24 was that the General Fund would outturn with a pressure of £9.648m, which was an improvement of £1.662m from the previous report, and the Housing Revenue Account would have a forecast underspend of £0.070m.

The report set out the programme of work which was in place to manage and mitigate the 2023/24 budget pressures and form part of the 2024-2028 Medium Term Financial Plan (MTFP).

Cabinet considered the following decision options: to either approve the recommendations as set out in section 1.2 of the report, or alternatively, to not approve the recommendations.

Resolved that (1) the update provided on the Performance of the Authority including updated data on the key pressures facing the Authority and progress against the Our North Tyneside Plan 2021-2025, be noted;

(2) the forecast budget monitoring position for the General Fund, Housing Revenue Account (HRA), schools finance and Treasury Management together with the service delivery performance position across the Authority as at 30 September 2023 (sections 1.5.1, 1.5.2, 1.5.3 and 1.5.5 of the report), be noted;

(3) the Authority’s Investment Plan  ...  view the full minutes text for item CAB71/23

To consider a report detailing Cabinet’s 2024-2028 Financial Planning and Budget Process: Initial Budget proposals and associated matters.

Cabinet considered a report which sought approval for the Cabinet’s initial budget proposals for 2023/24 in the context of the 2024-2028 Financial Planning and Budget. This report represented a key milestone in the development of the 2024/25 Budget and 2024-2028 Medium-Term Financial Plan (MTFP), as it sets out Cabinet’s initial Budget proposals for the next financial year and beyond.

The report also included the Authority’s approach to budget engagement and the Budget Engagement Strategy.  The Our North Tyneside Plan remained the delivery focus for the Elected Mayor and Cabinet, and the Budget was driven by the Authority’s key priorities that made up the Plan – a thriving, secure, family friendly, caring and green North Tyneside.  Despite the economic challenges facing the country and the local government sector, the Authority continued to be ambitious to ensure anyone who needed support can access it, to continue to help the most vulnerable members of the community and to continue investment in all parts of the Borough.

Understanding the context in which any budget was set is critical, but this was even more relevant now.  In many ways, 2024/25 represented the first post-covid budget, with the temporary funding to support local authorities through the pandemic now ended and activity levels stabilising towards the “new normal”.  However, at the same time, wider economic factors had come into play, manifesting themselves in the cost-of-living crisis for our residents, business and the wider public sector.

Local authorities across the country had experienced significant financial uncertainty for many years, but since 2018 there had been several local authorities who had issued notices under section 114 of the Local Government Finance Act 1988 (section 114 Notice), which was effectively a notice confirming that an authority was unable to meet its expected financial obligations.  The reasons for the section 114 notices issued to date varied between each affected authority, but the current funding levels in the sector mean financial resilience had been weakened and some authorities had struggled to meet increased levels of demand within their current financial and operational arrangements.

The national and international economic position must also be recognised.  As well as the increased levels of older people generally, there was a change to the proportion of over-50 year olds in work, reducing the levels of those who were economically active.  Despite innovation and changing business processes, productivity in the economy has been weak in the past 10-15 years, undoubtedly impacted by the events such as the global banking crisis and the pandemic.  More recently, rapidly rising inflation and the consequential increase in interest rates, following a prolonged period of historically low rates, were impacting on growth in the economy.  However, there remained areas of economic resilience, with continued level of capital investment in many sectors.

Locally, this presented the Authority with challenges, which also changed at pace.  Since the budget for 2023/24 was set on 16 February this year, increased demand and changing levels of risk had impacted on activity and budgets.  This was covered in detail  ...  view the full minutes text for item CAB72/23

To receive a report of the Overview and Scrutiny Co-ordination and Finance Committee’s Scrutiny Task and Finish Group – Emergency Care in North Tyneside.

Cabinet received a report which presented the findings and recommendations of the Overview and Scrutiny Co-ordination and Finance Committee’s Scrutiny Task and Finish Group on its study into Emergency Care in North Tyneside.

Councillor J Montague, Chair of the Overview and Scrutiny Co-ordination and Finance Committee and the Emergency Care Task and Finish Group, presented the main aspects of the report and thanked all participants of the Group for their contributions and support.

A motion was agreed by full Council on 16 March 2023 regarding emergency healthcare provision in North Tyneside.  In response to that motion, the Elected Mayor requested the Chair of Overview and Scrutiny Co-ordination and Finance Committee (OSCFC) to consider establishing a Scrutiny Task and Finish Group to take forward the matters set out in that motion.  This was agreed by the Chair of OSCFC.

This reportsets out the findings and recommendations from the cross-party Scrutiny Task and Finish Group established in Summer 2023 to examine emergency healthcare provision in North Tyneside.  The report also outlined the approach; the adopted methodology in respect of the agreed objectives; and key findings of the Group.  The Task and Finish Group had found that:

(a)   An excellent standard of emergency care and urgent treatment is available to North Tyneside residents.

(b)   More work could be done to improve public awareness in North Tyneside on the differences between emergency care and urgent treatment – and when, how and where to access each type of care.

(c)   Public transport, particularly to the Northumbria Specialist Emergency Care Hospital (NSECH) site in Cramlington, is likely to impact upon the accessibility of that site for some North Tyneside residents when visiting the hospital for non-emergency purposes (travel for emergency care would be expected to be available by ambulance).

The cross-party Task and Finish Group had made recommendations related to these findings, for Cabinet’s consideration, which were set out in the Appendix to the report. The OSFC requested that Cabinet publishes a response to the findings and recommendations of its Task and Finish Group in accordance with Section 9FE of the requirements of the Local Government Act 2000.

The Deputy Mayor thanked Councillor Montague and the Emergency Care Task and Finish Group for the report.

Cabinet considered the following decision options: to either approve the recommendations as set out in section 1.2 of the report, or alternatively, to not approve the recommendations.

Resolved that Cabinet considers and formulates a response to the findings and recommendations of the Overview and Scrutiny Co-ordination and Finance Committee’s Task and Finish Group on the provision of emergency healthcare in North Tyneside as presented in the Appendix to the report.

(Reasons for decision: As the Overview and Scrutiny Co-ordination and Finance Committee has given notice that Cabinet is required to provide a response to the findings of its Task and Finish Group’s report, Cabinet is obliged to accept the report and to formulate a response in accordance with requirements of the Local Government Act 2000.)

To consider a report on Charging Policy to agree changes in principle to the fees and charges arrangements in Adult Social Care and to agree public consultation on these changes.

Cabinet considered a report seeking approval to commence a 6-week public consultation on the proposed changes to the Authority’s ‘Contributions Policy for Adult Care and Support Services’ (including the Schedule of Charges annexed to the Policy) on the proposed changes to the Policy.

The Authority's ‘Contributions Policy for Adult Care and Support Services’ was last updated in 2021. The Policy was developed in line with the requirements of the Care Act and outlined the principles for charging that were applied by the Authority. It was proposed that the Policy and Appendix B of the Policy, which was the Schedule of Charges, was updated to reflect the increased cost of delivering services.  It was also proposed that the Schedule of Charges be amended in respect of the charging arrangements for the following services: Charges for day care;Transport charges for day care; Administration charges for people who pay the full cost of their care;Appointee and deputyship charges;Community funeral arrangements and changes; andCharges for Care Call.

The review of the Policy also indicated areas where there were anomalies in the way charges were applied. It was proposed that changes were put in place to ensure a consistent approach and that the Policy was amended to provide greater clarity. Changes to the following areas were proposed:

• Charges for additional care workers when more than one care worker is needed.
• Ending £400 capped charges
• Charging for deep cleans

Section 14 of the Care Act outlines the principle for charging people in receipt of adult social care services and section 17 of the Act outlines the process for carrying out financial assessments to determine individuals’ contributions towards their care and support.  The statutory guidance produced by Department of Health and Social Care states that people should not be charged more than it was reasonably practicable for them to pay, and that charging rules must be applied equally so those with similar needs or services were treated the same and anomalies between different care settings minimal.  The principle of the charging process under the Care Act was that services were means tested and people should be charged according to their ability to pay, with the Authority funding the remainder of assessed social care support to meet eligible needs. These proposals did not affect that principle.

The areas for consideration and options on the proposed changes to the Authority’s ‘Contributions Policy for Adult Care and Support Services’ (including the Schedule of Charges annexed to the Policy) were detailed in sections 5.3 to 5.10 of the report.  A summary and conclusion of proposals were set out in section 5.11 of the report.

Cabinet considered the following decision options: either to agree the recommendations as set out in paragraph 1.2 of the report; or alternatively, to not accept the recommendations.

Resolved that (1) Cabinet determine which of the options on the proposed changes to the Authority’s ‘Contributions Policy for Adult Care and Support Services’ (including the Schedule of Charges annexed to the Policy) it agrees  ...  view the full minutes text for item CAB74/23

To consider a report seeking permission to commence a consultation on some proposed changes to the Home to School Transport Policy and the Annual Post 16 Transport Statement with a view to ensuring all statutory responsibilities are met within the current budget. 

Cabinet considered a report seeking approval to commence a public consultation on the Authority’s Draft Revised Transport Policy and the Draft Revised Annual Post 16 Transport Statement, including the proposed amendments to ensure the most efficient use of the public funding for the provision of home to school transport.

The Authority had a statutory duty to provide home to school transport to children and young people who met the criteria prescribed in legislation.  Currently just over 1000 Children of a statutory school age were supported by home to school transport arrangements. This represented an increase of nearly 40% in the number of children who received such support when compared with 2019.  This increase had placed significant pressure on the current home to school transport budget. In the current financial year, the forecasted pressure was £2.9 million. This was not a sustainable position therefore it was proposed to commence consultation on proposed changes to the current home to school transport policy.

Travel assistance was currently provided by the Authority over and above the statutory requirements placed on it.  Such additional assistance consisted of: -

·       Providing fully funded travel assistance to secondary schools with a designated religious character where they had been chosen on the grounds of religion or belief:  There was no requirement for the Authority to arrange travel assistance to a school with a designated religious character for a child whose parents or carers had chosen it on the grounds of their religion or belief (unless the child met other eligibility criteria for free travel to that school). 

·       Providing fully funded transport assistance for some young people over the age of 16 and re-imbursing 50% of transport costs for others:  There was no requirement for the Authority to provide free or subsidised post 16-year-old travel. There was however a duty placed on the Authority to publish an Annual Post 16 Transport Statement specifying the arrangements for the provision of transport that the Authority considered necessary to facilitate the attendance of persons of sixth form age receiving education or training.

It was proposed to re-assess all non-statutory provision and to consult on the introduction of a standard charge as a contribution towards transport provision in line with other North East Authorities.

·       Providing transport assistance for students with an Education Health and Care plan who lived more than 1 mile from their school: 

Statutory Walking Distances:- A child under the age of 8 is eligible for free travel to their nearest suitable school if it was more than 2 miles from their home;  A child aged 8 years or over is eligible for free travel to their nearest suitable school if it was more than 3 miles from their home.

Extended Rights;- If a family was eligible for free school meals or in receipt of maximum working tax credit, travel assistance was available if a child was:

o   Aged 8 but less than 11 and lives more than 2 miles but no more than 6 miles to the nearest school (measured  ...  view the full minutes text for item CAB75/23

To receive the Annual Corporate Complaints Report 2022-23

Cabinet considered a report which detailed complaint related activity during 2022-23and which complied with the requirement to publish a report on complaints under the relevant statutory complaints’ legislation; and seeking approval for the amended Corporate Complaints Procedure, and the Annual Complaints Report for 2022-23 and its publication on the Authority’s website.

Serving over 209,000 residents, the Authority delivered individual services and millions of transactions each year, including those to businesses and visitors. Any complaint received, was an opportunity to demonstrate that the Authority listened to its residents and cared about their views and concerns.  The number of complaints raised each year, was a very small proportion of the overall number of services and transactions delivered.

The Authority had reviewed and refreshed its Corporate Complaints Procedure this year so that the Complaints Procedure at Appendix 1 to the report was made easier and clearer for those customers who wished to raise complaints about the Authority’s services.

The Annual Complaints Report at Appendix 2 of this report, detailed further activity from complaints in 2022-23, with data shown in Section 10 of the report.

Whilst complaints had remained almost static from the previous year, service requests administered by the Customer First Team, had decreased. This may be due to the improvements made to the Authority’s website which better explains the range of ways in which customers can raise complaints, report issues, and have them resolved quickly on line.  In addition, there had been an increase in the number of Elected Member enquiries received in the year, that may be helping to positively address resident issues, before they escalated to a complaint.

The data in the 2022-23 Annual Complaints Report indicated that whilst over 75% of complaints were successfully resolved at Stage One, this percentage had decreased over the previous three years.

The Local Government Ombudsman (LGSCO) had said in his national Annual Report for 2022-23, his office was less likely to carry out investigations into ‘borderline’ issues and were therefore finding a higher proportion at fault.

Section 12 of the Annual Corporate Complaints Report detailed how the Authority had listened to customer complaints and made changes as a result.  The following highlighted some of this work; the Authority had:

·        Produced new guidance to ensure the views of children and families is better captured in assessments,

·        Enhanced the quality of care to vulnerable young people who may need support out of hours, following an incident of crisis,

·        Increased litter bin provision, adding 100 multipurpose bins to sites across the Borough,

·        Introduced ‘tree calling cards’, as part of the ‘neat streets’ campaign which are given to customers to update them following a tree inspection or any works carried out nearby,

·        Worked to enhance biodiversity areas as part of the Estate Management Programme, especially on roundabouts throughout the Borough,

·        Introduced new procedures, to ensure a zero-tolerance approach to damp and mould in council homes and properties, and

·        Complied with new requirements from the Housing Ombudsman and its code of practice, embedding these changes into service  ...  view the full minutes text for item CAB76/23

To receive the Highway Asset Management Plan (HAMP) Annual Information Report for 2023.

Cabinet received the North Tyneside Highway Asset Management Plan (HAMP) Annual Report 2023.

In September 2017, Cabinet adopted an updated Highway Asset Management Plan 2017 - 2032 (HAMP). This sets out the Authority’s approach to maintaining the highways for which the Authority was responsible over a 15?year period and responds to the Elected Mayor and Cabinet’s policy direction which included providing a greater emphasis on footways to help support walking and other means of active travel.  It also responds to feedback from residents which had consistently told the Authority that the maintenance of roads and footpaths was a top priority. This was reflected in the ‘Our North Tyneside Plan’ including a commitment to invest additional capital funding in repairing roads and pavements.  A well-maintained highway network was vital for supporting the local economy and general wellbeing of the Borough.

In presenting the HAMP 2023, this fulfilled the commitment to provide Cabinet with an annual information report outlining the highway and infrastructure work undertaken over the last 12 months.  It included future planned work activities as well as other items of relevant interest.  The annual information report attached to this report was the seventh annual report presented since adoption of the HAMP.

The key highlights drawn from the HAMP annual report at Appendix 1 and as outlined in section 1.5.13 of this report were:

·        The highway network was the most extensive and valuable asset in the Authority’s ownership.

• The highway network was a strategically important asset and a well-maintained network was vital to support the local economy.  Every day, thousands of residents were reliant on the highway network to travel to work and school.  Visitors to the borough also used the network to access the Authority’s various tourist attractions which further stimulated the local economy.

·        The current total value of highway assets was £1,840,000,000 (£1.84 billion)on a Gross Replacement Cost basis.

·        The successful implementation of the HAMP and the adoption of asset management principles by the Authority was demonstrating that, over the years, the general condition of the road network was good – however, the Authority was now at a point where further investment should be considered if a decline in condition was to be avoided.

·        Due to continued additional Authority investment over the years, the highway network was currently in a good state and adequate to perform its function.  However, given the constraints around Government funding coupled with concerns around inflation, it would become increasingly challenging to maintain the highway in a serviceable condition. 

·        The report suggests that consideration should be given to reviewing investment and maintenance priorities in light of the emerging funding and inflation issues. Discussions would continue around what options might be available for the future management of the network in the most effective way.

·        With regard to reactive maintenance and core services, the Technical Services Partnership continued to achieve its Key Performance Indicator targets and through its Annual Service Plan was identifying innovative ways of working and service improvements which was evident in the  ...  view the full minutes text for item CAB77/23

To receive a report on the Authority’s proposed Covert Surveillance Policy for 2023-24. 

Cabinet received a report seeking approval of an updated Covert Surveillance Policy.  In accordance with Statutory Codes of Practice applying to the Regulation of Investigatory Powers Act 2000 (RIPA) the Authority was required to review its use of RIPA and set the general surveillance policy at least annually.

The Authority’s current Surveillance Policy was approved by Cabinet in November 2022 and was subject to annual review.  That Policy was had been reviewed and a draft Surveillance Policy was attached at Appendix 1 to the report.  The draft Policy had been considered by members of the Regulation and Review Committee who had made no recommendations for amendments to be made to the Policy, and had been referred to Cabinet for consideration and, if appropriate, approval.

No substantive changes had been proposed as the previously adopted Policy remained fit for purpose.  The only amendments made to the current Policy were to reflect organisational changes and revised reporting lines which had been put in place within the organisation since the Policy was last reviewed.  The report also explained that there had been no RIPA authorisations granted in the last year.  The aims of the Authority’s Policy were to:

• Set out the Authority’s arrangements for complying with the Regulation of Investigatory Powers Act 2000 (RIPA); the relevant Codes of Practice and guidance issued by the Home Office; and guidance from the Investigatory Powers Commissioner’s Office (IPCO);
• Give effect to the rights of citizens to respect for their private and family lives (pursuant to the Human Rights Act 1998); and
• Protect the Authority from legal challenge when undertaking surveillance.

The Codes of Practice applying to RIPA indicated that Elected Members of a local authority should review its use of RIPA and set the general surveillance policy at least annually. A local authority should also consider internal reports on the use of RIPA to ensure that it was being used consistently in compliance with the Authority's Policy and that the Policy remained fit for purpose.  To meet these requirements the Policy provided that:

·        Cabinet receives an annual report covering the Authority’s use of RIPA powers, and review of the Policy for the following year;

·        Reports would be presented to the Regulation and Review Committee on the Authority’s use of RIPA powers. The Committee’s role would be to look at compliance, oversight and use of RIPA. The Committee would also consider whether the Policy remained fit for purpose and recommend changes to the Policy as appropriate for Cabinet’s consideration; and

·        The Elected Mayor would receive regular updates from the Senior Responsible Officer regarding the use of the Authority’s powers.

Organisations using RIPA were subject to regular inspection by the Investigatory Powers Commissioner’s Office (IPCO).  The Authority received a virtual online inspection visit from the IPCO on 12 September 2023.  The purpose of the IPCO inspection was to examine the policies, procedures, operations, and administration that the Authority had in place in relation to the use of directed surveillance and covert human intelligence sources.

The outcome of the  ...  view the full minutes text for item CAB78/23

The Deputy Mayor, on behalf of the Elected Mayor and Cabinet, took this opportunity to thank Mark Longstaff, the Authority’s Director of Commissiong and Asset Management, for all his hard work and support he has given to the organisation and the Borough.

As a valued member of the Senior Leadership Team, Mark was well-respected by our Chief Executive, Assistant Chief Executive, Directors, Officers and by Elected Members across the Council.  The Deputy Mayor wished Mark all the best who would be retiring from North Tyneside Council after 28 years of service and this would be his last Cabinet meeting.

Monday 22 January 2024 at 6.00pm (Ordinary meeting).

Monday 29 January 2024 at 6.00pm (Extraordinary meeting).

Monday 22 January 2024 at 6.00pm (Ordinary meeting)

Monday 29 January 2024 at 6.00pm (Extraordinary meeting)