Agenda, decisions and minutes

The minutes of the meeting held on 14 September 2016 were submitted and approved and the chairman was authorised to sign them as a correct record.

Declarations of disclosable pecuniary interests (DPIs) by members as required under Section 31 of the Localism Act and of other interests as required by the Code of Conduct and regulation 12(2)(d) of the 2012 Access to Information Regulations.  (Please see note at end of agenda).

Declarations of disclosable pecuniary interests (DPIs) by members as required under section 31 of the Localism Act and other interests as required by the council’s code of conduct and regulation 12(2)(d) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

Councillor Tutt declared personal (and non-prejudicial interest) in matters relating to minute 36 (housing management services) as he was a council appointed non-executive director of Eastbourne Housing Investment Co. Ltd.  He chose to leave the meeting for this item.

Councillor Tutt declared personal (and non-prejudicial interest) in matters relating to minute 39 (joint transformation programme) as he was a council appointed non-executive director of iESE Ltd.

Report of Director of Service Delivery.

Cabinet lead member:  Councillor Alan Shuttleworth.

(1) Community safety partnership’s achievements and future risks/opportunities to performance noted and updated 2014/17 community safety plan with continued delegated implementation authority to director of service delivery endorsed.

(2) Full council asked to approve the plan.

34.1 Bob Gough, Eastbourne crime reduction officer, and chief inspector Emma Brice, Eastbourne district commander, Sussex Police, were invited to address the Cabinet.  Bob Gough, as well as outlining current performance, made mention of the merger of local community safety partnerships proposed by the police and crime commissioner and a focus on on-line crime and scams which it was expected would become a major part of the partnership’s work in the future with the particular need to protect the elderly and vulnerable.  Emma Brice highlighted the close working relationship with local councils which was greatly appreciated.

34.2 Cabinet considered the report of the director of service delivery on the current performance of the Eastbourne Community Safety Partnership (ECSP) under the updated Eastbourne community safety plan and to outline issues that might potentially impact future crime and anti-social behaviour (ASB) performance. 

34.3 Cabinet had previously endorsed the successful crime reduction performance of the partnership.  Whilst overall crime had substantially reduced from 2005/06 to 2013/14, due to Sussex Police changing recording procedures in response to national guidelines, a substantial increase in overall crime had been experienced in 2014/15 performance year.  However, this increase had now levelled out and performance compared favourably when compared to similar towns.

34.4 The current plan (2014/17) had been developed in consultation with key partners including the police and other members of the ECSP.  A copy of the action plan was appended to the report to cabinet (appendix A),  Priorities for 2016/17 and measurement criteria were attached as appendix C.  Plan targets were reviewed at the end of each performance year and key performance targets had been incorporated into the relevant sections of the Council’s corporate plan.

34.5 Reference to the Home Office iQuanta data, which compared numerous categories of crime with other towns similar to Eastbourne (appendix B) indicated Eastbourne compared favourably.  June 2016 quarterly data showed:

·         3^rd lowest – overall crime

·         1^st lowest – burglary

·         5^th lowest – robbery

·         5^th lowest – shoplifting

·         1^st lowest – vehicle crime

·         Below median – violent crime

34.6 In late 2015 the police and crime commissioner for Sussex had recommended that merging options be investigated to reflect the new policing district boundaries and make efficiency savings.  Eastbourne, Lewes and Wealden CSPs had supported establishing a new strategy group encompassing all three whilst enhancing and maintaining the district joint action groups to deliver a local focus.  A soft merger would be run within performance year 2016/17 with a business case for full merger to be presented in 2017/18.

34.7 Cabinet praised the work of the CSP and the value of partnership working with the police.  They expressed concern at the prospect of reductions in the numbers of police community support officers (PCSOs).

*34.8 Resolved (budget and policy framework): (1) That cabinet notes the community safety partnership’s achievements and future risks/opportunities to performance and endorses the updated 2014/17 community safety plan with continued delegated implementation authority to director of service delivery.

(2) That full council be asked  ...  view the full minutes text for item 34.

Report of Director of Service Delivery.

Cabinet lead member:  Councillor Alan Shuttleworth.

(1) Full council recommended to adopt the 2016/17 scheme as the local scheme for 2017/18.

(2) Exceptional hardship fund continues for 2017/18 subject to continued support by the major preceptors.

35.1 Cabinet considered the report of the director of service delivery.  The council was under a duty to review its local scheme each year and any changes to the scheme must be adopted by 31 January preceding the start of the new financial year. 

35.2 On 20 November 2015 the council had adopted a revised scheme for 2016/17 (following recommendations of the cabinet on 21 October 2016) that:

·         Limited a council tax reduction to 80% of the council tax liability.

·         Assumed a minimum income for claimants who have been self-employed for more than 12 months

The current scheme, which was similar to the schemes adopted by Lewes, Rother and Wealden councils, followed the principles of protecting the most vulnerable, incentivising individuals into work and took into account and meeting the financial pressures on the council and the major preceptors.  The changes made to the 2016/17 scheme had reduced the cost of the scheme by c£1.2m to c£8.0m against the cost of the scheme in 2015/16.  No changes to the current scheme were proposed.

35.3 An exceptional hardship fund of £47,499 had been established for 2016/17 to provide additional support to those most affected by the 20% reduction in liability and the change to the way self-employed claims were assessed.  The council contributed £6,426 to the fund with the remainder coming from the major preceptors in proportion to their share of the council tax.  The scheme was intended to mitigate the impact of the changes that severely affected someone’s ability to pay the tax due.  As at the 31 August 2016 17 awards totalling £2,876.84 had been made.  It was hoped that the major preceptors would agree to continued support for the fund in 2017/18.

*35.4 Resolved (budget and policy framework): (1) That full council be recommended to adopt the 2016/17 scheme as the local scheme for 2017/18.

(2) That the exceptional hardship fund continues for 2017/18 subject to continued support by the major preceptors.

Report of Director of Service Delivery.

Cabinet lead member:  Councillor Alan Shuttleworth.

(1) Chief executive granted delegated authority, in consultation with lead cabinet member for community, to enter into discussions with interested parties, including Eastbourne Homes Limited, on joint working arrangements between Eastbourne Borough and Lewes District councils.

(2) Establishment of project group to oversee the activity approved.

(3) Draw-down of funds from housing revenue account of up to £10,000 to support this work approved.

36.1 Cabinet considered the report of the director of service delivery.  Eastbourne Borough Council (EBC) and Lewes District Council (LDC) had agreed to share services through a joint transformation programme (JTP) in order to ensure the long term resilience of both councils.   Government funding for Eastbourne and Lewes councils was expected to fall a further 30% over the next parliamentary cycle to 2020.  Considerable savings needed to be made in order to protect front line services. 

36.2 EBC’s housing was managed by Eastbourne Homes Ltd (EHL) and LDC’s managed in-house by the council through a management agreement.  There were a number of ways in which the two organisations could benefit by greater joint working on housing management including greater resilience, economies of scale and a greater strategic presence.  It was proposed that LDC and EBC, in partnership with EHL, embark on discussions with key stakeholders regarding new ways of working for the benefit of all housing residents.  Together, EBC and LDC had a housing stock of nearly 7,500 homes.

36.3 Officers had begun preliminary discussions with residents, EHL’s board and councillors regarding ways of working together.  It was proposed that a project group be established, with representation from residents, officers and housing portfolio holders, as the next step in establishing the business case for change.  This work would take into account the views of tenants and residents and the emerging shape of EBC and LDC’s overall corporate service delivery strategy, being developed under the JTP.

36.4 Advantages of sharing housing services included:

·         Value for money for both organisations through reduced overheads and joint procurement.

·         Opportunities to integrate services and make efficiencies.

·         Longer term resilience for both councils’ individual housing revenue accounts.

·         Opportunities to improve customer services.

·         Enhanced resilience through growth in number of homes jointly managed.

36.6 Resolved (key decision): (1) That the chief executive be granted delegated authority, in consultation with the lead cabinet member for community, to enter into discussions with interested parties, including Eastbourne Homes Limited, on joint working arrangements between Eastbourne Borough and Lewes District councils.

(2) That the establishment of a project group to oversee the activity be approved.

(3) That the drawing down of funds from the housing revenue account of up to £10,000 to support this work be approved.

(Notes: (1) Councillors Tutt declared a personal (and non-prejudicial) interest in relation to the above minute.  See minute 33 above.)

(2) Councillor Mattock took the chair for this item.

(3) Ian Fitzpatrick, director of service delivery advised members that he was managing director of Eastbourne Homes Ltd.

Report of Deputy Chief Executive.

Cabinet lead member:  Councillor Troy Tester.

Updated covert surveillance policy approved.

37.1 Cabinet considered the report of the deputy chief executive seeking approval to an updated covert surveillance policy.  The council could only carry out certain types of covert surveillance if it had complied with the relevant provisions of Part II of the Regulation of Investigatory Powers Act 2000 (‘RIPA’).  This was to ensure that investigations involving covert surveillance were exercised in a manner compatible with the European Convention on Human Rights.  The current policy, approved in March 2013, had been reviewed.

37.2 There were no significant differences between the previous and updated policies, but the new version recognised that covert surveillance might be physical or on-line; included a specific provision on the investigation of social networking sites; and required reports to be submitted to the council’s audit and governance committee every 12 months (on any required changes to the policy, how the policy had been implemented and any RIPA activity authorised during the preceding 12-month period). 

37.3 The views of the audit and governance committee had been sought and at their meeting on 21 September 2016 the committee endorsed the updated policy and requested training for committee members on the legal framework for covert surveillance and the potential use of such measures in the context of the council’s operations. 

37.4 Resolved (key decision): That the updated covert surveillance policy appended to the report be approved.

Report of Assistant Director of Human Resources and Organisational Development.

Cabinet lead member:  Councillor Troy Tester.

Assistant director authorised to make minor amendments to social media policy wording to reflect best practice and full council recommended to approve the policies.

38.1 Cabinet considered the report of the assistant director of human resources and organisational development.  Human resources had been a shared service since 1 April 2015 and as part of the joint transformation programme to align all HR policies across Eastbourne and Lewes councils in the coming years.  Lewes District Council already policies for shared parental leave and social media and their introduction for Eastbourne was now sought.  The council’s joint staff committee had agreed these policies at a meeting in September 2016. 

38.2 The assistant director advised the cabinet that minor text amendments would be made to the social media policy prior to presentation to full council to reflect best practice regarding vulnerable adults.

*38.3 Resolved (key decision): That full council be recommended to approve the new policies covering shared parental leave and use of social media by council employees.

Report of Assistant Director of Business Transformation.

Cabinet lead member:  Councillor Troy Tester.

The significant progress made since May noted and the three phase delivery programme endorsed.

39.1 Cabinet considered the report of the assistant director for business transformation updating cabinet on the mobilisation of the joint transformation programme and key decisions taken by the programme board following the decision last May by the cabinets of Eastbourne and Lewes councils to deliver the majority of council services via shared teams adopting new ways of working.

39.2 The four strategic objectives of the programme were:

·         To protect services delivered to local residents while at the same time reducing costs for both councils to together save £2.8m annually.

·         Create two stronger organisations which could operate more strategically within the region whilst still retaining the sovereignty of each council.

·         Meet communities and individual customers’ expectations to receive high quality, modern services focused on local needs and making best use of modern technology.

·         Build resilience by combining skills and infrastructure across both councils.

39.3 Over the past 4 months, officers had been working to establish the programme, including programme planning, recruitment of project managers and teams, procurement and communications.  Details given in the report covered governance arrangements, procurement of information and communication technology (ICT) and change management services, the restructured corporate management and ICT teams, staff recruitment to the programme team and communication with staff.

39.4 The programme had been structured into 7 work streams for delivery across 3 phases.  Each phase would have a clear scope and would deliver a proportion of the overall savings required:

·         Phase One – Sept 2016 to March 2017 - £1m

·         Phase Two – April 2017 to March 2018 - £1m

·         Phase Three – March 2018 to March 2019 - £0.8m

39.5 The phases would overlap to a degree and the above timescales were subject to change:

·         Phase one was the current focus and would include most management activity as well as key strategy and corporate activity, such as corporate planning, governance, communications, performance management and policy/strategy development and co-ordination.

·         Phase two would include most of the major public services (e.g. housing, revenues, benefits, environmental health, licensing, planning) and would primarily focus on establishing the joint teams delivering customer contact and mobile activity for those services.  However, new joint casework and specialist teams would also be established during this phase.

·         Phase three would build on phase two and would see the casework and specialist teams more fully established, as new technology and business processes became available.

Support services would continue to be the subject of ongoing review through the 3 phases and it was expected that all support services would be shared and integrated by phase three at the latest, with any changes made under the chief executive’s delegated powers.

39.6 A further update report would be made to cabinet towards the end of phase one (anticipated March 2017).

39.7 Resolved (key decision): That the significant progress made since May be noted and that the three phase delivery of the programme be endorsed.

Note: Councillor Tutt declared a personal (and non-prejudicial) interest in relation to the above minute.  See minute 33 above.)

The Chief Executive considers that discussion of the following items is likely to disclose exempt information as defined in Schedule 12A of the Local Government Act 1972 and may therefore need to take place in private session.  The exempt information reasons are shown beneath the items listed below or within the open section of the minutes of the last meeting.  Furthermore, in relation to paragraph 10 of Schedule 12A, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. (The requisite notices having been given under regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.)

(Note: Exempt papers are printed on pink paper).

Resolved:  That the public be excluded from the remainder of the meeting as otherwise there was a likelihood of disclosure to them of exempt information as defined in schedule 12A of the Local Government Act 1972.  The relevant paragraphs of schedule 12A and descriptions of the exempt information are shown within the open section of the minutes or beneath the items below.  (The requisite notice having been given under regulation 5 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.)

Report of Director of Service Delivery.

Cabinet lead member:  Councillor Steve Wallis.

Exempt information reasons: 3 - information relating to the financial or business affairs of any particular person (including the authority holding that information) and 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings).

Cabinet reviewed the operation of the waste, recycling and street cleaning contract.  The contract with Kier was procured jointly with Hastings, Rother, Wealden and Eastbourne councils and implemented in Eastbourne in April 2013.  Ongoing management of the contract was conducted through a joint committee comprising representatives from the 4 local authorities.  Decisions were taken relating to the commercial (and confidential) terms for the future operation of the contract. 

41.1 Cabinet reviewed the operation of the waste, recycling and street cleaning contract.  The contract with Kier was procured jointly with Hastings, Rother, Wealden and Eastbourne councils and implemented in Eastbourne in April 2013.  Ongoing management of the contract was conducted through a joint committee comprising representatives from the 4 local authorities.  Decisions were taken relating to the commercial (and confidential) terms for the future operation of the contract. 

Notes: (1) The full minute of the above item is set out in the confidential section of these minutes.  The report remains confidential.

(2) Exempt information reasons: 3 - information relating to the financial or business affairs of any particular person (including the authority holding that information) and 5 (information in respect of which a claim to legal professional privilege could be maintained in legal proceedings).

Report of Assistant Director of Human Resources and Organisational Development.

Cabinet lead member: Councillor Troy Tester.

Exempt information reasons 1 and 2.  Information relating to an individual or likely to reveal the identity of an individual.

Update report on position of employees currently subject to the procedure noted.

42.1 Cabinet noted that 3 employees were currently subject to the procedure at present. They noted the actions taken to manage implications of change for displaced individuals through support, redeployment and assistance with self-marketing under the redundancy and redeployment procedure and the use of the procedure in managing the change resulting from implementation of the joint transformation programme.

Notes: (1) The full minute of the above item is set out in the confidential section of these minutes.  The report remains confidential.

(2) Exempt information reasons 1 and 2 – Information relating to an individual or likely to reveal the identity of an individual.