Agenda and minutes

Apologies were received from Councillor Alan Quinn and Councillor Clare Cummins.

Members of Cabinet are asked to consider whether they have an interest in any of the matters of the Agenda and, if so, to formally declare that interest.

Councillor Nick Jones declared an interest as a Board Member of Six Town Housing.

Questions are invited from members of the public about the work of the Cabinet.

Notice of any question must be given to Democratic Services by midday on Monday, 14 February 2022. Approximately 30 minutes will be set aside for Public Question Time, if required.

The following question was submitted in advance of the meeting by a member of the public, Anton Slawycz:

The capital programme for the budget does not detail any schemes for the Whitefield township other than a line of £71k. Can the leader advise why this is the case?

Responding, Councillor Eamonn O’Brien reported that the capital programme is generally used to invest in Council-owned land and property: for historic reasons we own very little across Whitefield. Importantly though, the Council is working in partnership to deliver positive capital schemes across Whitefield, which can mean the budget lines don’t appear in our capital programme but are nevertheless being spent to improve Whitefield. For instance, we remain committed to working with the NHS to deliver a new health facility at the Uplands – which is not in Council ownership – as well as supporting the delivery of a new special school in Unsworth on what was Council land, until the academisation was finalised. The Special Free School is fully approved and supported by the DfE with approved Trust sponsor being Shaw Education Trust (SET). The build is funded by the DfE, Bury has a capital allocation earmarked to cover any sundries that we require to fund. The Revenue place costs are factored into Bury's High Needs Dedicated Schools Grant (DSG) expenditure profile taking into account the phased admissions from September 2023. All is on track for this essential additional capacity to open at September 2023.

We have also been progressing the Wheatfields site for new housing, delivering affordable housing, bungalows for the first time in decades and all on brownfield sites. We expect this investment to be millions of pounds but, again, this won’t appear in our capital programme because of our proposed delivery model.

We have also been spending significant sums on improving highways and road safety across Whitefield and Unsworth, including a new pedestrian crossing on Croft Lane (£65k). Through the Highway Investment Strategy, during this financial year, we have spent £802k in Whitefield. We have completed resurfacing works on Thatch Leach Lane, Sunnybank Road, Oak Lane and Randale Drive (all complete as part of HiS2) – and we have West Avenue yet to come.

We already have agreement to spend £175,000 on 31 roads in Unsworth this summer to repair roads that are in a bad way. Next year’s road safety programme also includes a 20mph zone on Rufford Drive and a safety scheme on Hollins Lane which will have pedestrian refuges. In addition to this, we have allocated £164,000 towards the landslip at Springwater Park in the budget and continue to lobby the Government to fund the rest of the works under the national flooding impact funds they have. And we recently awarded nearly £6000 to the Whitefield Environmental Forum for work in Springwater Park too.

I would be keen to see even more spent across Whitefield, which was why I was so disappointed that the Pilkington Park Councillors rejected a £800,000 road safety scheme around Higher Lane.  ...  view the full minutes text for item CA.214

Questions are invited from Elected Members about items on the Cabinet agenda. 15 minutes will be set aside for Member Question Time, if required.

Notice of any Member question must be given to the Monitoring Officer by midday Friday, 11 February 2022.

The following question was submitted in advance of the meeting by Councillor Russell Bernstein:

Within item 9 what are the reasons as to why the level of JSA and UC claimants has reduced from 7185 to 6610?

Responding, Councillor Tahir Rafiq reported that The level of JSA and UC claimants almost doubled following the impact of COVID. Prior to April 2019 the count was around 4,000 – 4,300 for Bury. The figure has since fluctuated between 7,000 – 8,000 each month and began to steadily decrease from March 2021 to reach 6,610 by the end of quarter 2 and further reduce to 5,905 by the end of quarter 3 (this figure became available after the report presented was submitted). As the world has opened up again with the easing of lockdowns and restrictions, this has allowed for employment and training opportunities to become available again and reduced our resident’s requirement for financial support due to unemployment.

A further supplementary question was submitted:

Will the Cabinet Member join me in welcoming the Government’s initiatives to bring this down?

Councillor Rafiq advised he welcomed all initiatives to help out in this area, and the Leader reminded Members of the upcoming Employment and Training Fair.

The following question was submitted in advance of the meeting by Councillor Luis McBriar:

On item 9, section 8.3, could we please have an explanation from the Cabinet Member for Children, Young People and Skills as to the reasons the number of children with EHCPs has fallen within Bury and the fall of EHCPs issued on time?

Responding, Councillor Tamoor Tariq reported that Bury currently holds 2116 EHC plans, this is a 30% increase over 3 years from the 1617 held in January 2019. There was a slight reduction in December 2021 due to plans being ceased after consultation with parents, particularly in relation to post 19. All of these ceased plans were done within the spirit of the 2014 SEND code of practice. The percentage of EHCPs being issued within 20 weeks fell in October, November and December as the team prioritised issuing historic plans to eliminate the backlog. Although the timeliness decreased, the number of plans issued increased with 152 EHC plans being issued between October and December compared with 63 plans in the three months prior. To demonstrate this impact, in January 2021 there were 258 EHC plans in progress; this has now reduced to 143 EHC plans being in progress currently. Now that the backlog has been cleared the team is focussing on improving the parental experience, co-production and the quality of the plans.

A further supplementary question was submitted:

I appreciate there is a backlog and the team is working on ensuring EHCPs are issued on time. In relation to this happening since the recent Ofsted report, what confidence do you have that we will get back on track with dealing with these issues on time?

Councillor Tariq reported that the recent Ofsted inspection was an ILACS (Inspection of Local Authority Children’s  ...  view the full minutes text for item CA.215

Minutes from the meeting held on 12 January 2022 are attached.

It was agreed:

Minutes of the meeting held on 12 January 2022 be approved as a correct record and signed by the Chair.

A report from the Leader and Cabinet Member for Finance and Growth is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report which outlined the forecast financial position of the Council at the end of 2021/22 based on the information known at the end of the third quarter, 31^st December 2021. The report set out the position for both revenue and capital and provides an analysis of the variances, both under and overspending.

In response to Members’ questions, it was noted that the day-to-day operational budgets for departments were overall on target and the £1.247m underspend was largely due to one-off funding received from the Government as well as vacancies or budget savings. There were ongoing challenges for the Council, particularly around Children’s Services where investment was being made into early interventions, address high levels of casework, and reduce demand on out-of-borough placements. These needed to be achieved in a sustainable way to reduce pressures on the Council’s reserves. It was noted that a corporate approach to recruitment and retention of social workers was being developed which had been successful in other boroughs. With regards to civic venues, it was noted that the detail in the report reflected the outcome of the review carried out last year and that a consultation with Unions was currently underway with regards to possible redundancies.

Decision:

Cabinet:

1.    Noted the forecast underspend of £1.247m within the revenue budgets at quarter 3 and the need for Directorates to continue to work with their finance managers to maintain tight budgetary control and to ensure services work within their budgets;

2.    Approved the establishment of a £3m Children and Young People’s reserve to support the funding requirements identified as a consequence of the actions required following the OFSTED report and a £1m reserve for the balance required to meet the employers pay award offer of 1.75%;

3.    Noted the use of the Covid Outbreak Management Fund and departmental reserves in line with the criteria and one off departmental priorities;

4.    Noted the position on the Dedicated Schools Grant, Collection Fund and the Housing Revenue Account;

5.    Noted the underspend of £0.457m on the capital programme;

6.    Approved a reduction in the capital programme of £6.209m due to timing of grant conditions and additional external funding being secured;

7.    Approved re-phasing of the capital programmes into 2022/23 financial year of £57.734m from the current programme;

8.    Approved a contribution of £567k to reserves for free school meals during school holidays which wasn’t required in 2021/22;

Reasons for the decision:

To ensure the Council’s budgetary targets are achieved.

Other options considered and rejected:

None.

A report from the Leader and Cabinet Member for Finance and Growth is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report which formed part of a suite of documents relating to the Council’s budget setting process for 2022/23 and set out the proposed Housing Revenue Account for 2022/23 and proposals for Dwelling and Garage rents, Sheltered Support, Management, Amenities and Heating charges, Furnished Tenancy charges and Fernhill Caravan site tenancy charges. The report also established the Management Fee paid to Six Town Housing for 2022/23. It was noted that this increase would be challenging for some families and plans were in place to support those most affected.

Decision:

Cabinet:

1.    Approved the forecast outturn for the Housing revenue Account budget;

2.    Approved an increase in rents for all HRA social rent formula and affordable rent dwellings by 4.1% as set out in paragraph 2.8 of the report;

3.    Approved an increase Garage rents by 4.1% as set out in paragraph 2.13 of the report;

4.    Approved an increase Sheltered Management and Amenity Charges by 4.1% as set out in paragraph 3.5 of the report;

5.    Noted that sheltered support and heating charges remain unchanged;

6.    Noted that Furnished Tenancy charges will remain unchanged; and

7.    Approved the Management Fee to o Six Town Housing for 2022/23 as set out in paragraph 1.5 of the report.

Reasons for the decision:

To progress the Council’s 2019/20 budget setting process to achieve an approved and balanced budget.

Other options considered and rejected:

None, setting the budget is a statutory responsibility.

Budget reports from the Leader of the Council and Cabinet Member for Finance and Growth are attached:

·         The Council’s Budget 2022/23 and the Medium Term Financial Strategy2022/23- 2025/26  (Appendix 4 attached)

·         The Dedicated Schools Grant and setting the Schools Budget 2022/23

·         Capital Strategy and Capital programme 2022/23

·         Flexible use of Capital Receipts Strategy 2022/23

·         Treasury Management Strategy and Prudential Indicators 2022/23 

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the suite of budget papers with comprised:

·         The Council’s Budget 2022/23 and the Medium Term Financial Strategy 2022/23 - 2025/26

·         The Dedicated Schools Grant and setting the Schools Budget 2022-23

·         Capital Strategy and Capital programme 2022/23

·         Flexible use of Capital Receipts Strategy 2022/23

·         Treasury Management Strategy and Prudential Indicators 2022/23

The Leader advised that Overview and Scrutiny Committee had made two recommendations:

1.    That the Overview and Scrutiny Committee put forward to Cabinet that a Reserves Strategy be reviewed to look at setting out guidance for the use of the reserves within Services; and

2.    That the Overview and Scrutiny Committee put forward to Cabinet that the impact of budget saving OPS 007 regarding food waste caddy liners is closely monitored and Cabinet Member Portfolio meetings and if recycling rates drop due to the changes a review takes place on the budget saving proposal.

Both these recommendations were noted and would be taken forwards.

The Leader reported that the Council still faced a number of challenges which would continue in future years. A £3m smoothing fund was proposed in light of these future pressures, as was a 1.94% increase in Council Tax. He advised this was the lowest in Greater Manchester but would still be difficult for residents, however an increase in Council Tax was included in Government funding assumptions and as such this increase was necessary to balance budgets.

The suite of documents set out all proposed cuts and efficiency savings, as well as ambitious capital targets including historic investment in Bury’s towns and highways. The papers also set out flexible use of capital receipts, and the welcome increase in schools’ budgets. In response to Members’ questions, it was noted that despite filling posts as soon as possible, in an organisation of this size there would always be some vacancies at any given point which was represented in the vacancy factor. With regards to trading services, a more commercial relationship was being pursued with schools, seeing them as customers to encourage uptake. The Chief Executive advised that the effects of Covid might increase this, but the savings identified were mostly from IT efficiencies which he was confident could be achieved.

Decision:

Cabinet:

1.    Approved the Medium Term Financial Strategy and the assumptions regarding resources and spending requirements;

2.    Noted the Council Tax base of the equivalent of 55,611 band D equivalent dwellings on which the Council Tax funding has been calculated;

3.    Approved the net revenue budget of £177.483m for 2022/23;

4.    Approved the increase in Council Tax of 1.94% and the inclusion of a 1% social care levy;

5.    Approved the recurrent changes to expenditure or reductions in income of £17.191m in 2022/23;

6.    Approved the budget reductions and additional income of £5.892m for the 2022/23 financial year;

7.    Approved the use of reserves of £14.355m in 2022/23;

8.    Approved the transfer of £0.683m into reserves with regards to the funding of  ...  view the full minutes text for item CA.219

A report from the Cabinet Member for Corporate Affairs and HR is attached.

Councillor Tahir Rafiq, the Cabinet Member for Corporate Affairs and HR, presented the report which provided a summary of key delivery and performance that occurred during quarter three 2021-22 aligned to the 3R priorities. The report also highlighted intelligence on customer contact services.

In response to Members’ questions, it was noted that detail on the apprenticeship and skills strategies could be provided to Councillor Jones outside of the meeting, and that green rated targets were on track while amber targets were waiting on the resolution of an issue before being brought back on track. With regards to potholes, five times as many potholes were being fixed than reported during the last quarter as staff had been released from Covid-related redeployments, and as such the next quarterly report would see this spend increase. Details of this and on how the decrease in recycling rates was being mitigated would be provided to Councillor Powell outside of the meeting, and the guide price of one of the assets sold could be clarified.

Decision:

Cabinet:

1.    Noted the performance and delivery against the 3R priorities and the 2021/22 Corporate Plan delivery objectives;

2.    Noted the spotlight on our intelligence on customer contact services; and

3.    Noted the ongoing developments to strengthen and improve this reporting process and functionality.

Reasons for the decision:

To measure and acknowledge progress towards the 2021/22 Corporate Plan delivery objectives.

Other Options considered and rejected:

N/A.

A report from the Cabinet Member for Corporate Affairs and HR is attached.

Councillor Tahir Rafiq, the Cabinet Member for Corporate Affairs and HR, presented the report which summarised the progress made in 2021/22 and includes new priorities that have been agreed with Cabinet Members based on consultation with ward members, residents and other stakeholders. In response to a Member’s question regarding the impact on staff numbers, it was noted that consultations were currently ongoing. Once those had been completed further detail could be provided. The Chief Executive added that the workforce assessment included in the papers identified that circa 10 posts across the Council were directly affected, the impact of which would be mitigated through redeployment where possible, but he advised that future years might have a larger impact on staff numbers.

Decision:

Cabinet approved the Corporate Plan so that it can be presented to Full Council alongside the budget options for 2022/23 and the longer-term Medium Term Financial Strategy.

Reasons for the decision:

This continues our commitment to “strengthening the basics” by embedding the corporate business planning process across all the work of the Council and CCG. This will allow for more effective performance management at organisation, departmental and officer level.

Alternative options considered and rejected

No alternative option considered.

A report from the Leader and Cabinet Member for Finance and Growth is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report which sought approval regarding the results of the recent tender exercise to bring forward the development of Phase 2 of Chamberhall Business Park. The site forms part of the larger Chamberhall business park. Phase 1 which consisted of 130,000 sqft has been successfully developed by St Modwen’s. The phase 2 land comprises of circa 7 acres of serviced employment land. The appointment of a development partner will ensure that a high-quality sustainable development is brought forward as well as ensuring best value is achieved for the site.

Decision:

Cabinet:

1.    Noted the results of the tender exercise for the development of the Phase 2 land as set out within Part B of this report;

2.    Approved the grant of a long lease of the Phase 2 site to the selected developer;

3.    Delegated agreement to the final land price and the detailed terms of the long lease to the Director of Regeneration & Capital Growth in consultation with the Monitoring Officer, Section 151 Officer and the Executive Member for finance, the final price must have regard to the financial offers as set out in the part B report; and

4.    Delegated the signing of all contracts required to complete the sale to the

5.    Director of Law and Democratic Services.

Reasons for the decision:

To bring the Chamberhall Phase 2 land forward for development.

Other options considered and rejected

Option 1 - Do Nothing

·         In this scenario the site will be left vacant.

·         This option has been dismissed as the Council is prioritising its redevelopment so as to bring forward new employment land to meet the needs of businesses.

·         There is also an opportunity cost for not seeking new development in that the ability to secure a sustainable income flow through new business rates will be lost.

·         As such, this option has been discounted.

Option 2 - Accept tender from the highest ranked bidder

·         This option would see the Phase 2 site being brought forward for the development of a modern high-quality scheme within the next 12 months.

·         Bring in a significant capital receipt to the Council in the 2022/23 financial year.

·         Provide a sustainable income flow through new business rate revenue.

·         Create new jobs and secure existing ones.

A report from the Leader and Cabinet Member for Finance and Growth is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the report which set out the process for a joint procurement of ICT network services across several councils (Bury, Rochdale, Oldham, and Stockport), Greater Manchester Combined Authority including Greater Manchester Fire and Rescue Service and Transport for Greater Manchester. In response to comments from Members, it was noted that this proposal focussed on linking up public estates but might provide opportunities in the future to expand on private ones.

Decision:

Cabinet:

1.    Agreed that Bury enters contracts via GMCA to connect Bury assets to the preferred provider; and

2.    Agreed to Bury entering the GMOne Network Collaboration Agreement with the GMCA, TfGM, and Stockport, Rochdale and Oldham councils.

Reasons for the decision:

Greater Manchester’s Digital Blueprint launched in February 2020 included a specific ambition to Extend Our World Class Digital Infrastructure as a cross cutting enabler to underpin the city regions economic and social ambitions.

Alternative options considered and rejected

Do Nothing – including not lighting the fibre delivered under the LFFN

programme. This option is discounted as each organisation needs effective

network services and wishes to leverage the infrastructure. This option could also require repayment of the DCMS funding for LFFN as a condition of the grant funding is to use the fibre.

DIY – involving each organisation procuring network services separately across the LFFN infrastructure. It was felt that this would result in a missed opportunity to provide network services with higher resilience, capabilities and bandwidth at lower cost.

Collaboratively light the fibre with other LFFN partners - this option was preferred on the basis that a joint approach could generate savings and service improvements plus wider strategic benefits with potential further gains as other organisations join at a later stage. In addition it would avoid duplicate procurements. The network design would still enable each organisation to manage its services across this shared network.

The Chief Executive to provide a verbal update.

Geoff Little, Chief Executive of Bury Council, provided an update on the progress of the Children’s Services Improvement Programme. Following the Ofsted’s judgement, the Council’s Children’s Services were said to be Inadequate and the Department for Education (DfE) published an improvement notice. This requires the Council to submit an improvement plan by 31 March 2022 and to establish an Improvement Board with an Independent Chair. The Council had already met that requirement following the earlier Local Government Peer Review and it will now meet monthly.

Also in accordance with the improvement notice, the DfE had now appointed a case officer and an independent advisor to support the Council and report to the Secretary of State on progress. Linda Clegg has been appointed to this role and as Independent Chair of the Improvement Board. She also led the Peer Challenge last year and so this appointment established consistency and continuity. It was noted that fortnightly meetings have been established between the DfE case officer and the Executive Director of Children’s Services to monitor progress and to agree and establish additional support to the department via sector-led improvement partners.

The Improvement Board first met on 25 January 2022 and approved its Terms of Reference and membership. It also received a report setting out the work progressing the improvement plan. This was organised around 3 key themes: leadership and management, quality and impact of practice on the outcomes for children, and workforce. It was noted that a workforce board has been established to provide input from staff to the Improvement Board.

Immediate actions have already commenced and progress was being tracked and would be reported to future meetings of the Improvement Board. That immediate action included: action to reset the Multi Agency Safeguarding Hub following Covid, a new approach to quality assurance enabling a more qualitative approach, and a new audit framework to provide more space and time for learning, and crucially a comprehensive review of staffing with the aim of one manager to six social workers and an average caseload of 15 cases per social worker. To that end, recruitment and retention procedures have been revised and additional staff have begun to be recruited.

The Children and Young People’s Scrutiny Committee on 20 January 2022 considered the Ofsted report and the report on the Council’s response and will meet again in March to discuss the draft improvement plan. This plan will be submitted to Ofsted by 31 March, and feedback then brought to the Improvement Board. The first monitoring visit from Ofsted is expected in the summer; this first report will not be published but all subsequent reports will be.

The Cabinet Member for Children, Young People and Skills added that an ask would shortly go out to Opposition Members for a cross-party group to recruit an Assistant Director for Children Social Care. This post was important to improve capacity and to strengthen the leadership team.

It was noted that future updates will be provided to future meetings of Cabinet and the  ...  view the full minutes text for item CA.224

To consider the minutes of meetings of the Greater Manchester Combined Authority held on 26 November 2021, 17 December 2021, and 28 January 2022.

It was agreed:

That the minutes of the Greater Manchester Combined Authority meetings held on 26 November 2021, 17 December 2021, and 28 January 2022 be noted.

Decision:

That the press and public be excluded from the meeting under Section 100 (A)(4), Schedule 12(A) of the Local Government Act 1972, for the reason that the following business involves the disclosure of exempt information as detailed against the item.

A report from the Leader and Cabinet Member for Finance and Growth is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the Part B report which contained the full  details of the preferred development partner.

Decision:

Cabinet:

1.    Noted the results of the tender exercise for the development of the Phase 2 land as set out in this report;

2.    Approved the grant of a long lease of the Phase 2 site to the selected developer;

3.    Delegated agreement to the final land price and the detailed terms of the long lease to the Director of Regeneration & Capital Growth in consultation with the Monitoring Officer, Section 151 Officer and the Executive Member for finance, the final price must have regard to the financial offers as set out in the part B report; and

4.    Delegated the signing of all contracts required to complete the sale to the Director of Law and Democratic Services.

Reasons for the decision:

As set out for the Part A report.

Other options considered and rejected:

As set out for the Part A report.

A report from the Leader and Cabinet Member for Finance and Growth is attached.

Councillor Eamonn O’Brien, the Leader of the Council and Cabinet Member for Finance and Growth, presented the Part B report which contained the full financial details.

Decision:

Cabinet:

1.    Approved the financial modelling approach;

2.    Approve the apportionment of the ten-year total cost of ownership;

3.    Contract GMCA to deliver GM One Network for WAN Services across Bury Council;

4.    Delegated Authority to sign the collaboration agreement; and

5.    Approved the preferred provider.

Reasons for the decision:

As set out for the Part A report.

Other options considered and rejected:

As set out for the Part A report.