Agenda and minutes

Cabinet - Monday, 29th November, 2021 6.00 pm

Venue: 0.02 Chamber - Quadrant, The Silverlink North, Cobalt Business Park, North Tyneside, NE27 0BY. View directions

Contact: Yvonne Harrison  Email:

No. Item


To Receive any Declarations of Interest and Notification of any Dispensations Granted

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 6: 2022-2026 Financial Planning and Budget Process: Cabinet’s Initial Budget (CAB62/21), 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 meeting held on 18 October 2021 (previously circulated).


Resolved that the Minutes of the previous meeting held on 18 October 2021 be confirmed and signed by the Chair.



Report of the Young Mayor

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 she and Young Cabinet Members and/or Youth Councillors had been involved:


·         The BAME Committee had launched DigitalMe which discussed the experience of Refugees and Asylum Seekers in the UK. Mayor Redfearn and Councillor Earley who were on the launch panel were thanked on behalf of the committee for their participation and support.  The film would be used by North Tyneside Council as part of the staff and members equality training, and it was hoped the film would also be used in schools as part of the PHSE lessons. The Walking With Refugee project would be using it as part of their education package that they currently run in schools.

·         During half term Youth Councillors from the BAME committee had visited New to UK project in North Shields to deliver donations of food, children’s clothing and household items that had been collected by Youth Councillors.

·         Some Youth Councillors had helped pack more packets of sanitary products which were being gifted to young women around the borough. They came complete with the message: ‘We believe that sanitary products should be freely available in toilets the same way that toilet tissue was freely available’.  Positive feedback from the project had been received and work was being done with the Social Inclusion Team on the next steps towards helping with period poverty in the borough.

·         The Environment Committee’s planned Youth Climate Summit due to be held on 4 November had been postponed. The original plans had included activities that would be very hands on and fun and although the committee had considered holding a shorter event online, it was felt that this would not be as engaging for the young people.

·         The Young Mayor had taken part in the launch of the Children and Young People’s Mental Health and Wellbeing Strategy. The aim of the new Strategy was to transform mental health support for young people in the borough, including new specialist teams for schools that would benefit thousands of pupils, and to ensure the right people were getting the right support at the right time.

·         Member of Youth Parliament, Abi, and the Young Mayor had been part of the judging panel for the Spirit of North Tyneside Awards, recognised by North Tyneside Council for their important contribution. 

·         The Young Mayor and several Youth Councillors had attended Remembrance Day services around the borough in representing all young people by laying the wreaths at the memorials.

·         Youth Councillors had attended a poverty proofing training workshop with the charity Children Northeast, which would be useful for their plans in the youth council committees. 

·         Ofsted had carried out an inspection of the Special Education Needs and Disabilities Services more commonly known as SEND, and to ensure the Inspectors were impressed by everything the SEND Youth Forum had been doing, a short film had been produced.


The Young Mayor also reported that she and Member of UK Youth Parliament, Abi, were due to end their roles at the  ...  view the full minutes text for item CAB60/21


2021/22 Financial Management Report to 30 September 2021 pdf icon PDF 282 KB

To receive the third budget monitoring report for the current financial year which reflects the indication of the potential revenue and capital position of the Authority at 31 March 2022.



Additional documents:


Cabinet considered the third monitoring report outlining the 2021/22 financial position.  It provided the latest indication of the potential revenue and capital financial position of the Authority as at 31 March 2022. This report was an interim view and it was expected this would change over the coming months as the recovery from Covid-19 continued.


The report covered the forecast outturn of the Authority’s General Fund and Housing Revenue Account (HRA) revenue budget including management mitigations where issues had been identified; the delivery of 2021/22 approved budget savings plans; and an update on the Capital Investment Plan including details of variations and reprogramming that were recommended for approval.


The budget for 2021/22 was approved by full Council at its meeting on the 18 February 2021.  The net General Fund revenue budget was set at £150.154m.  This included £4.337m of savings to be achieved, all of which had been identified in previous years.


The forecast overall pressure for the General Fund Revenue Account was estimated at £5.962m against the approved net budget. This was made up of a forecasted pressure of £1.810m on normal activities and £4.161m relating to the impact of Covid-19.  The pressure on normal activities in the service was driven mainly by Health, Education, Care and Safeguarding at £6.972m, reflecting the continued pressures in Children’s Services, partly mitigated by the contingency balances that had been created as part of the 2018/19 budget setting process and continued to be held centrally to reflect the on-going pressures in social care being felt locally and nationally.


Included in this projection was £5.442m of pressures in Corporate Parenting and Placements and £1.628m in Integrated Disability and Additional Needs.  The drivers for these pressures continued from 2020/21 and were outlined in the report.


It was anticipated that the outturn forecast for normal activities would improve over the course of the financial year as planned remedial actions began to impact on both expenditure and income.


With regards to the impact of Covid-19, the main drivers behind the £17.274m impact on services were also within Health, Education, Care and Safeguarding where £9.600m was for increased costs to the Authority.  Significant Covid-19 related pressures also existed in Environment, Housing and Leisure (£4.220m) and in Commissioning & Asset Management (£2.441m). 


The report outlined the revenue grants which had been received during August and September 2021.


There was no further update since the previous Cabinet meeting on the school funding position as at the end of July 2021. Schools were required to submit their rolling three-year budget plan by 31 May each year.  The total planned deficit for 2021/22 was £5.132m.  The Authority had been working with schools for a number of years with regard to long-term strategic issues of surplus secondary places and the associated financial pressures, which continued to be compounded by rising employment costs.  The provisional outturn for the year ended 31 March 2021 showed a surplus of £3.372m, which revised the trend of deficits over the previous few years.  The forecast trend going forwards, however,  ...  view the full minutes text for item CAB61/21


2022-2026 Financial Planning and Budget Process: Cabinet's Initial Budget Proposals pdf icon PDF 329 KB

To consider a report detailing Cabinet’s initial budget proposals and associated matters.


Additional documents:


Cabinet considered a report which sought approval for the Cabinet’s initial budget proposals for 2022/23 in the context of the 2022-2026 Financial Planning and Budget Process and which had been developed in a period of significant uncertainty for financial planning due to the impact of Covid-19.


On 18 February 2021, full Council had approved a Medium-Term Financial Plan (MTFP) for the period 2021/22 to 2025/26, providing a financial framework to support the delivery of the Authority’s priorities as set out in the refreshed 2021-2024 Our North Tyneside Plan.  The Budget that had been set was balanced, based on a robust set of assumptions in relation to the resources available, and prudent estimates of the expenditure that was necessary to deliver the Authority’s Services.


The Our North Tyneside Plan 2021-2025 (the Council Plan) sets out the overall vision and policy context within which the Financial Plan and Budget proposals would operate. The Authority had worked to a clear set of priorities through the Plan and these priorities formed the basis of the framework for COVID-19 recovery in North Tyneside during 2020-21 and the early part of 2021-22.


On 23 September 2021, full Council approved the updated Our North Tyneside Plan, which was refreshed following the Mayoral Election on 6 May 2021 to reflect the policy priorities of the new administration and to consider feedback during the internal and external engagement carried out between 2 July 2021 and 15 August 2021.


The impact of the COVID-19 pandemic had continued throughout the financial year 2021/2022 and it was anticipated there would continue to be implications into future years, as the inequality gap had grown over the period of the pandemic.


As Budget-planning activity progressed, there was a significant amount of uncertainty remaining. The recent announcement of Central Government’s Social Care Reform would have a significant impact for the provision of social care and how it was funded but the scale of new burdens for social care remained uncertain for Local Government.


Throughout the current financial year, the Authority had continued to act and respond to the COVID-19 pandemic; this had adversely impacted the financial position of the Authority.  In a normal year, it was challenging to deliver a balanced in-year position against the Budget. The financial impact of COVID-19 has compounded this challenge and as described in the September Financial Management report, the current estimated pressure due to COVID-19 at the end of September is £4.161m for the General Fund.


In addition to delivering business as usual, the Authority had continued to mobilise its workforce to undertake new responsibilities and lead the local response to the pandemic. The COVID-19 Support Hub was specifically set up to support and protect the clinically extremely vulnerable residents in the Borough during the first national lockdown when they were required to shield in their homes to protect themselves from the virus, this continued during 2021/22. Proactive work had continued to support the care sector to meet the additional operation costs due to COVID-19. The Authority had also  ...  view the full minutes text for item CAB62/21


Authorisation to Enter Section 75 Partnership Agreement - Better Care Fund pdf icon PDF 417 KB

To seek authorisation for the Director of Children and Adults Services, in consultation with relevant Director(s) of Service, to enter into an Agreement under section 75 of the National Health Service Act 2006 and to implement the financial and administrative arrangements for the Better Care Fund.



Cabinet considered a report seeking authorisation for the Director of Children and Adults Services to enter into a partnership agreement under section 75 of the National Health Service Act 2006 and to implement the financial and administrative arrangements for the Better Care Fund, following appropriate consultation.


The Better Care Fund (BCF), had been in operation since 2015/16, and was a Government initiative to improve the integration of health and care services, with an emphasis on keeping people well outside of hospital and facilitating discharge from hospital.


The BCF created a pooled fund, managed jointly by the Authority and NHS North Tyneside Clinical Commissioning Group (CCG). The total value of the fund was £29,457,097, which was an increase of 3.8% over 2020/21 BCF pooled fund.  CCGs were required to contribute a defined amount to the fund to support adult social care. The resulting income from the NHS was £11,651,150.  Together with the “Improved Better Care Fund”, which was paid direct by Government to the Authority, the BCF supported 21% of adult social care revenue expenditure within the Borough.


BCF income helped to fund community based social care services, such as

reablement, immediate response home care, CareCall, and loan equipment/adaptations. It also contributed towards the Authority’s services offered to support carers, the Community Falls First Responder Service, and to independent living support for people with learning disabilities.


In terms of Governance arrangements, the detailed operations of the BCF in North Tyneside were set out in a Section 75 Agreement, which was renewed each year, between North Tyneside Council and NHS North Tyneside CCG following submission of the BCF Plan. That Agreement established a BCF Partnership Board with representatives from the Authority and NHS North Tyneside CCG.


As requested by the Health and Wellbeing Board, who approved the BCF Plan on 11 November 2021 prior to its submission to NHS England, regular reports on the operation and performance of the BCF were provided to the Adult Social Care, Health and Wellbeing Sub-Committee of the Overview and Scrutiny Committee and this would continue to be the case. 


The BCF Policy Framework required that the BCF Plan be agreed by the Governing Body of the CCG as well as the Health and Wellbeing Board.  Such approval was given by the CCG on 23 November 2021. The Elected Mayor had approved the BCF Plan, prior to its submission to NHS England on 16 November 2021.


The minimum value of the North Tyneside BCF was set nationally. Table 1 in the report showed the value in the current year, and changes from previous years. The national framework also stipulated minimum contributions to be paid by the CCG to adult social care, and on NHS-commissioned out of hospital services


The Better Care Fund continued to play a key role in integrating health, social care and housing. The fund provided the governance and a context in which the NHS and local authorities worked together, as equal partners, with shared objectives.


The BCF plan had enabled the Authority to  ...  view the full minutes text for item CAB63/21


North Tyneside Highway Asset Management Plan Annual Report 2021 pdf icon PDF 271 KB

Additional documents:


Cabinet received the North Tyneside Highway Asset Management Plan (HAMP) 2017-2032 Annual Information Report 2021 which summarised the work undertaken to demonstrate progress against delivery of performance of the Highway Management Plan during the past 12 months, future planned work activities and other items of relevant interest.


The Authority was responsible for an extensive highway network and feedback from residents had consistently told the Authority that the maintenance of roads and footpaths was a top priority.  The report had a particular emphasis around the condition of the network and the resources required to maintain it effectively.


In September 2017, Cabinet had adopted a new HAMP 2017- 2032, setting out the Authority’s approach to maintaining North Tyneside’s highways and responding to the Elected Mayor and Cabinet’s policy direction which included providing a greater emphasis on footways.  The HAMP included a commitment to provide Cabinet with an annual information report outlining progress and key issues associated with the maintenance of the Authority’s public highway network.   


Currently the highway maintenance activities delivered through the HAMP were funded through a number of funding streams.  Capital work was funded by the annual Local Transport Plan Maintenance Block.  For a number of years additional funding had been invested directly by the Authority and a commitment had been made within the Our North Tyneside Plan to continue to do so.


The HAMP Annual Information Report 2021 would be used as the basis for ongoing consideration around the challenges of maintaining the highway network. The report was aimed at supporting those considerations so that any decisions about potential changes in highway maintenance priorities and resources could be made in an informed manner.


Following the Cabinet meeting, all ward Councillors would be invited to view the HAMP Annual Information Report via the member intranet.  The report would also be published on the Authority’s website so it could be viewed by the public.


The key highlights from the annual report were as follows:


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


      The current total value of highway assets was £1,840,000,000 (£1.84 billion).


      The successful implementation of the HAMP policy and investment strategy was demonstrating that the ongoing application of highway asset management principles by the Authority had so far achieved a generally steady state in the condition of the road network but maintaining that position continued to be challenging.


      The continued additional capital investment being funded directly by the Authority in highway maintenance was gradually improving the overall condition of the network in line with HAMP principles, as illustrated by the current “Road Condition Indicator” calculation results set out in the Information Report.  However, latest condition modelling would indicate that it may be a challenge to sustain this in the future.


      The new risk-based gully cleaning regime, supported by specialist information technology introduced last year, was now fully embedded and had improved the Authority’s gully cleansing services over the last 12 months.


      The Technical Services Partnership continued to achieve and  ...  view the full minutes text for item CAB64/21


Climate Emergency Update pdf icon PDF 307 KB

To receive an update on the progress against the Our North Tyneside Plan policy on carbon net-zero 2030.



Cabinet considered a report which provided an update on the work undertaken since the declaration of a Climate Emergency, and the next steps to be taken to address the commitments agreed by full Council in July 2019.


In July 2019 Council declared a Climate Emergency, setting a target to reduce the carbon footprint of the Authority and the Borough by 50% by 2023 and to become carbon neutral by 2050.


Subsequently, in further acknowledgement of the gravity and urgency of the climate emergency, the refreshed Our North Tyneside Council Plan 2021-25, approved by full Council in September 2021, included the following ambition;


“We will publish an action plan of the steps we will take and the national investment we will seek to make North Tyneside carbon net-zero by 2030.”


The report updated Cabinet on the reductions in the Authority and Borough carbon footprints, 52% and 41% respectively, informed Cabinet of a number of actions taken since the previous update report in October 2020 and of the ongoing work programme, and set out the Authority’s approach to meeting this policy ambition.


The Authority was clear in its commitment to tackling the Climate Emergency and had taken a number of steps since the previous report to Cabinet in October 2020.


The Authority had a good understanding of the main sources of carbon dioxide emissions that made up both the Authority carbon footprint and the Borough carbon footprint as detailed in the report, and had published a Climate Emergency Action Plan in October 2020. However, that plan was working towards a 2050 decarbonisation pathway and the new carbon net-zero 2030 ambition within the Our North Tyneside Council Plan 2021-25 required that the Authority’s action plan be redeveloped.


The Authority was developing a number of carbon net-zero plans that specifically addressed these sources of emissions, such as an Authority buildings net-zero plan, fleet net-zero plan, street lighting net-zero plan and housing net-zero plan. These would be supported with net-zero plans for key functions such as supply chain and procurement, organisational culture and carbon offsetting. 


It was important to understand that the Authority’s carbon footprint was less than 2% of the Borough’s carbon footprint. Working with the North Tyneside Strategic Partnership, the Authority would form a Green North Tyneside Board that would bring together other public sector organisations, large producers of carbon dioxide emissions in the Borough and key stakeholders to address the climate emergency collectively.


The investment and net-zero plans of other organisations would help to influence and shape the Authority’s approach to carbon net-zero 2030, work programmes and campaigns, for example, the replacement of Nexus rolling stock would both bring a direct energy efficiency improvement and emissions reduction and would also present the opportunity for a campaign around more sustainable transport.


The Green North Tyneside Board would assist the Authority in capturing these plans, sharing best practice, collaborating on strategic projects and opening the Authority’s own plans up to scrutiny. The recent ‘Call to Evidence’ event hosted by the Authority on 11 November  ...  view the full minutes text for item CAB65/21


Bus Partnership pdf icon PDF 256 KB

To receive an update on the development of the Enhanced Bus Partnership; and to request delegated authority be given to the Deputy Mayor to approve the Enhanced Partnership consultation documents and thereafter in consultation with appropriate Directors to agree the Enhanced Bus Partnership on behalf of the Authority.





Cabinet received an update report on the Bus Partnership and to seek delegated authority for the Deputy Mayor, and the Director of Law and Governance, in consultation with appropriate Directors, to agree the Enhanced Partnership (EP) consultation documents, and thereafter to agree the Enhanced Partnership on behalf of the Authority.


There were approximately 5.9 million miles of bus journeys made within North Tyneside in 2018/19. Since the onset of the Covid-19 pandemic, buses had continued to provide a vital service, however passenger numbers remained lower than before.


The Local Plan and the North Tyneside Transport Strategy stated that the Authority would work with partners to support bus provision as part of an integrated public transport network. As a low-carbon form of transport, bus services were also a vital part of realising the aims of the Authority’s Climate Emergency Action Plan. The regional North East Transport Plan also aimed to improve bus travel and attract more passengers.


The Government announced in March 2021 that ongoing funding for bus services would be dependent on authorities’ and bus operators’ participation in new arrangements. The National Bus Strategy, ‘Bus Back Better’, set out a more formal framework for partnership working between authorities and bus operators and instructed each area to implement a statutory EP under the Transport Act 2000 (as amended by the Bus Services Act 2017). Entering into an EP was a requirement in order to receive ongoing Government funding for bus services.


As part of the process set out in the National Bus Strategy, each area was also required to develop a Bus Service Improvement Plan (BSIP).


The Authority was represented on the Joint Transport Committee (JTC) by the Elected Mayor as the designated member and the Deputy Mayor as the designated substitute member.


Reflecting the national guidance, in June 2021 the JTC agreed to notify the Government of its intention to proceed with an EP.  In July 2021 the JTC approved a process of public engagement, which was carried out by Transport North East over the Summer and branded as the ‘Big Bus Conversation’. Factors which respondents identified as barriers to using the bus more often included the level of fares; bus service punctuality and reliability; buses being seen as slow; buses not necessarily going where people needed them to; and vehicle cleanliness and maintenance in the context of the Covid-19 pandemic.


This informed the development of the North East BSIP, which was approved by the JTC and submitted to the Department for Transport by the deadline of 31 October 2021. The BSIP set out a far-reaching programme of potential measures to improve bus services in the North East, and made an ambitious request for Government funding of £804m to deliver the measures over three financial years from 2022/23 to 2024/25. A Government announcement was awaited on the level of funding which would be provided to the region.


An EP Plan and Scheme(s) were currently being developed in accordance with Government guidance. These would first be subject to a period of  ...  view the full minutes text for item CAB66/21


North Tyneside Zero Emission Vehicles Strategy pdf icon PDF 252 KB

To seek approval for the Zero Emission Vehicles (ZEV) Strategy for the Borough.


Additional documents:


Cabinet considered a report seeking approval for the revised Zero Emission Vehicles Strategy for the Borough.


In October 2021, Cabinet approved the revised and updated North Tyneside Transport Strategy. Its vision was “Moving to a green, healthy, dynamic and thriving North Tyneside”.One of the key principles underpinning the Transport Strategy was to reduce carbon emissions from transport.


The Strategy supported the ambition of the Our North Tyneside Plan 2021 to 2025, which committed to publishing an action plan of the steps the Authority would take and the national investment it would seek to make North Tyneside carbon net-zero by 2030. It also reflected the Authority’s declaration of a climate emergency, made in July 2019, and the aims of the North Tyneside Local Plan, which noted that, alongside encouraging everyday cycling and walking, zero emission vehicles could help to reduce carbon emissions.


The Transport Strategy contained a commitment to update, where appropriate, the specific strategies and plans which fitted within the context of the Transport Strategy. This included producing a new Zero Emission Vehicles Strategy for North Tyneside.


The proposed Zero Emission Vehicles Strategy was attached to this report as Appendix 1 to the report. This strategy aimed to support the take-up of zero emission vehicles (ZEVs, which included both pure electric vehicles and hydrogen fuel cell vehicles) in preference to petrol or diesel vehicles in the borough. It was important to recognise that it was not its intention to increase the number of vehicles on the roads, but to ensure that a far higher proportion of vehicles on the highway network were zero emission. Together with improvements to cycling, walking and public transport this would help to realise the Authority’s climate emergency aims.


This also complemented transport policy at regional level. The North East Transport Plan was adopted by the regional Joint Transport Committee in March 2021. Under the objective ‘Carbon neutral North East’, it committed to initiate actions to make travel in the North East carbon net zero: it also set out the intention to produce both a North East Zero Emission Vehicle Policy and a North East Road Infrastructure and Zero Emissions Strategy in the near future.


The proposed North Tyneside ZEV Strategy had been prepared with a clear eye on the national and regional context. In 2018 the Government published ‘The Road to Zero’, which sought to put the UK at the forefront of the design and manufacturing of ZEVs and affirmed the Government’s commitment to end the sale of new petrol and diesel cars and vans by a set date. The deadline had since been brought forward to 2030 for pure petrol and diesel vehicles and 2035 for hybrid vehicles.


As a result, it was clear that the prevalence of ZEVs was set to continue to rise and that ZEVs would ultimately replace petrol and diesel vehicles. New registrations of ZEVs were already rapidly rising: the number of EVs registered in North Tyneside more than doubled over three years (from January-March 2017  ...  view the full minutes text for item CAB67/21


CCTV Policy pdf icon PDF 263 KB

To seek approval to update the CCTV Policy to include the use of Body Worn Video.


Additional documents:


Cabinet considered a report seeking approval to update the North Tyneside Council CCTV Policy to include the use of Body Worn Video.


The Authority operated a number of closed-circuit television (CCTV) systems which were used in areas such as council buildings, public spaces, and on its refuse collection vehicles.  It also monitored systems deployed by other parties such as schools, Northumbria Police and Nexus under service level agreements or contract arrangements.


These CCTV system installations were operated in line with extensive statutory requirements and associated guidance to ensure that the need for public protection was balanced against the need to respect the right of privacy for individuals. Although not a statutory requirement, the Authority had developed a CCTV policy which was attached at Appendix 1 to the report. 


The proposal to introduce this policy, which would govern the use of the Authority’s CCTV systems, was aimed at adding further rigour to the manner in which they were managed and to provide assurance of compliance with relevant legislation and the accompanying statutory codes of practice.  The policy only covered the use of CCTV systems that were deployed overtly.  The Authority did not routinely use CCTV systems covertly.  Such use was strictly controlled by surveillance legislation ‘the Regulation of Investigatory Powers Act 2000’, and was subject to a specific policy which had been approved by Cabinet and was regularly reviewed.  As well as preventing and detecting crime, having visible CCTV systems in public spaces also enhanced feelings of safety for residents and communities. Ensuring places were safe was a priority of the Elected Mayor.  This was also a priority of the Safer North Tyneside Community Safety Partnership where promoting feelings of safety amongst communities was one of the key aims of its Community Safety Strategy 2019-2024.


The Authority had since upgraded its static public space CCTV and had opened a new control room.  Also, a new mobile CCTV vehicle had been introduced along with more CCTV cameras which were capable of being redeployed to tackle identified hotspots for antisocial behaviour and environmental crime. Officers had scope to use Body Worn Video (BWV) which was a portable system that provided an audio and visual record of enforcement activities undertaken by the wearer. The use of BWV could provide a number of benefits which included a deterrent to acts of aggression or verbal and physical abuse toward employees and providing evidence to support Police and Authority investigations.


This improved CCTV capability was playing a vital role in assisting the additional officer capacity which included new community protection wardens and an environmental rapid response team.


CCTV systems were surveillance systems and their use was subject to a range of legislative controls which enabled organisations to use them lawfully. The Protection of Freedoms Act 2012 introduced the provision to appoint a Surveillance Camera Commissioner (SCC) with the power to develop and introduce a Code of Practice focussing on the use of surveillance camera systems.  The role of the SCC was to encourage compliance with the Code  ...  view the full minutes text for item CAB68/21


Annual Review of Council Policy on Covert Surveillance (RIPA) pdf icon PDF 324 KB

To receive the Annual update of the Regulation of Investigatory Powers (RIPA) Policy.



Additional documents:


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 draft Policy had been considered by the Regulation and Review Committee on 21 October 2021 and had been referred to Cabinet for further consideration and, if appropriate, approval.


No substantive changes had been proposed as the previously adopted Policy remained fit for purpose.  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.


Cabinet considered the following decision options: To approve the Authority’s Policy on Covert Surveillance, attached as Appendix 1 to the report, or alternatively, to ask officers to revise the draft Policy and/or provide additional information regarding any matters contained in the report.


Resolved that (1) the Authority’s Policy on Covert Surveillance, attached at Appendix 1 to the report, be approved;

(2) the Director of Law and Governance, in consultation with the Elected Mayor as appropriate, be authorised to implement the policy and all ancillary matters relating to it; and

(3) an update report be received every 12 months to ensure proper oversight pf the Policy.

(Reason for decision:  Approving the Authority’s Policy on Covert Surveillance will secure adherence to the recommended best practice contained within the Codes of Practice.  In particular, the Code of Practice – Covert Surveillance and Property Interference indicates that elected members  ...  view the full minutes text for item CAB69/21


Exclusion Resolution

This is to give further notice in accordance with paragraphs 5(4) and 5(5) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 of the intention to consider items 15 and 16 below in private.


Cabinet is requested to consider passing the following resolution:


Resolved that under Section 100A (4) of the Local Government Act1972 (as amended) and having applied a public interest test as defined in Part 3 of Schedule 12A of the Act, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act.


Reasons for taking the items in private: The reports in items (15) and (16) below contain information relating to the financial or business affairs of any particular person (including the authority holding the information).



Resolved that under Section 100A (4) of the Local Government Act 1972 (as amended) and having applied a public interest test as defined in Part 3 of Schedule 12A of the Act, the press and public be excluded from the meeting for the following items of business on the grounds they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act.




Supply Chain Update

To receive an update on commercial matters relating to the care home market and the Authority’s strategic partnerships.





Cabinet received an update report on commercial matters relating to the care home market and the Authority’s strategic partnerships, and to seek approval for the procurement approach as detailed in the report.


The Authority had a vast and diverse supply chain, its purchasing power and influence it had to deliver Policy Priorities was strong. It was a Council priority to review how the Authority procured goods and services. This report sets out a framework to underpin the Authority’s contract management within its supply chain to support this priority. A further report would provide details of the proposed Procurement and Social Value Policy.


The report set out 3 significant pieces of work that were currently underway and also reflected the ongoing negotiations that had been undertaken with the Authority’s strategic partners and set out the basis to conclude those commercial negotiations. 


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 procurement approach as detailed in the report be agreed, and that a further report with an updated procurement and social value policy be presented to Cabinet in early 2022;

(2)  the current position with care home providers, as set out in Paragraph be noted; and

(3)  the Director of Resources, in consultation with the Cabinet Member for Finance and Resources, Director of Law and Governance and the Director of Commissioning and Asset Management, be authorised to conclude all necessary arrangements to finalise commercial arrangements within the supply chain, and to secure the return of individual service elements from the strategic partnerships where the return would represent value for money for the Authority, as set out in paragraphs and of the report.


(Reason for decision:The Authority needs to continue to strengthen its overall procurement approach.  The potential return of services to the management of the Authority will provide further flexibility and control to the Authority in deliver of the services. This will strengthen the Authority’s strategic capacity to deliver key services as well as deliver value for money.)



Corporate Risk Management Summary Report

To consider the latest review of key corporate risks undertaken by the Senior Leadership Team.



Cabinet considered a report which detailed the corporate risks that had been identified for monitoring and management by the Authority’s Senior Leadership Team and relevant Cabinet members. The report also provided detailed information on each risk and how it was being managed.


Cabinet considered the following decision options:   To consider the information provided for each of the corporate risks and endorse the outcome of the latest review by the Authority’s Senior Leadership Team; and after consideration of the detailed information provided for the corporate risks, suggest changes to the corporate risks and their controls.


Resolved that the latest review of key corporate risks undertaken by the Senior Leadership Team be endorsed.


(Reasons for decision: Each of the corporate risks has undergone substantial review and challenge as part of the corporate risk management process. This is designed to provide assurance that corporate risks and opportunities are being identified and appropriately managed.)



Date and Time of Next Meetings

Monday 24 January 2022 at 6.00pm.


6.00pm on Monday 24 January 2022 (Ordinary meeting)

6.00pm on Monday 31 January 2022 (Extraordinary meeting)