Agenda and minutes

There were no disclosable pecuniary interests.

(a)  To agree the minutes from the meeting of Cabinet on 28^th August 2018

(b)  Matters arising

The minutes of the meeting held on 28^th August 2018 were agreed and signed as a true record.

There were no matters arising.

RESOLVED that the Cabinet agrees to exclude the press and public under Sections 100(A)(4) of the Local Government Act 1972 relating to the following private reports on the grounds that the reports involve the likely disclosure of information defined in Paragraph 3 of Schedule 12A of the Act, as they contain information relating to the financial affairs of a particular person (including the authority holding that information) and in all circumstances of the cases, the public interest in maintaining the exemption outweighs the public interest in disclosing the information:

Minute No.  Report title

  53  Disposal of Small Surplus Sites

  54  Modernising Domestic Abuse Services and Sexual Violence and Abuse Services

  55  Coombe Abbey Park Ltd – Capital Financing and Country Park Investment

Report of the Deputy Chief Executive (Place)

The Cabinet considered a report of the Deputy Chief Executive (Place), which sought approval of the Private Sector Housing Enforcement Policy 2018.

The provision of good quality housing for Coventry residents is a priority for the City Council and the adopted Coventry Local Plan 2016 details how the Council will meet the future house building needs up to 2031.  There is also a need to consider the City’s existing housing stock and, in particular, the quality of homes provided by the Private Rented Sector (PRS).

Over the last two years, the Government has been increasingly active in addressing concerns regarding a number of issues in the PRS over recent years and has introduced a suite of legislation designed to strengthen consumer protection for tenants and tackle rogue landlords.  This included new laws requiring letting and managing agents in England to belong to a redress scheme, providing protections for tenants against retaliatory eviction; and the Housing and Planning Act 2016, which introduced civil penalties, extended rent repayment orders and provided Local Authorities with powers to ban the most serious criminal landlords through the introduction of banning orders.

In order for the Council to use these powers, it must have published a policy setting out how it will implement these powers in relation to properties and the PRS.

The Policy, appended to the report submitted, encompasses all powers available to the Council from a variety of different pieces of legislation and, when adopted, would act as a framework for all future housing enforcement activities.

RESOLVED that the Cabinet:

1.  Approve the draft Policy for Enforcing Standards in Private Sector Housing.

2.  Authorise the Deputy Chief Executive (Place) to implement the policy as detailed in the report and delegate the power to the Head of Planning and Regulation to issue, use, amend, and enforce civil penalties and all other enforcement powers under the Housing Act 2004 (as amended) and the Housing and Planning Act 2016 (and subsequent Regulations and Orders).

Report of the Deputy Chief Executive (Place)

Note: A briefing note detailing Finance and Corporate Services Scrutiny Board (1)’s consideration of this matter, along with its recommendations, is appended at page 73.

The Cabinet considered a report of the Deputy Chief Executive (Place) which presented the Medium Term Financial Strategy (MTFS) 2019-2022 for adoption by the City Council.

The Cabinet noted that the report had also been considered by the Finance and Corporate Services Scrutiny Board (1) at their meeting held on 12^th September 2018.  A briefing note setting out their recommendations was appended to the report and accepted by the Cabinet.

The previous MTFS was approved in December 2017.  The Strategy sets out the financial planning foundations that support the Council’s vision and priorities and the financial and policy context for the Council’s forthcoming budget process.  It was noted that proposals within the Pre-Budget report would be considered by the Cabinet in November 2018 and the final Budget Setting Report would be submitted to Cabinet and Council in February 2019.

The national funding background to the MTFS is that the Council is approaching the final year (2019/20) of the current four year funding settlement from Government.  From 2020/21 there will be significant upheaval in the funding arrangements for all councils and local authorities continue to face severe financial pressures.  Although the previous government policy of targeting a budget surplus by 2020 has been pushed back, uncertainty of the future of local government finance and wider financial matters, including future Brexit negotiations, mean that the pressure on public finances is unlikely to ease in the foreseeable future.  This Strategy assumes that reductions in available revenue resources and spending levels are likely to continue.

On a local level, the Council continues to be faced with a challenging and fluid financial position affected by temporary shortfalls in delivery of its existing savings plans and financial pressures within services for children, housing and homelessness. Although the Council has some ambitious Capital Programme plans, the scale and pace of these represent a significant challenge in terms of the Council’s ability to deliver them to the required timescales and within its existing project capacity. 

Notwithstanding the approaches set out in this strategy, the Council will need to maintain dynamic financial models that take account of changes in its medium term budget position and ongoing re-evaluation of its Capital Programme. This may include adopting some measures which have a shorter-term focus or which re-evaluate the Council’s approach to financial risk. These will be set out fully at the point of decision making.

In summary, the key national and local contexts that frame this Strategy include:

•  A paramount need to protect the most vulnerable people in the city;

•  Expectations on the Council to maintain service levels and standards across a wide range of core services;

•  Fast population growth causing greater demand and expenditure pressures in areas such as housing, social care and waste disposal;

•  Likely future reductions in government resources within a revised local government funding framework;

•  A 75% Business Rates retention system emphasising the increasing importance of promoting growth in the local economy;

•  A massive Capital Programme which defines  ...  view the full minutes text for item 43.

Report of the Deputy Chief Executive (People)

The Cabinet considered a report of the Deputy Chief Executive (People) which set out the proposed response to the Local Government Association Green Paper for adult social care “The Lives We Want to Lead”.

On 31 July 2018 the Local Government Association (LGA) launched its own green paper for adult social care and well-being for consultation.  The publication of this paper was as a result of the Government’s recent decision to delay its long-awaited green paper on Adult Social Care until the autumn. 

Important issues were raised in the consultation in terms of the role of Adult Social Care in helping people live the life they want to lead and how this is funded.  These issues affect all stakeholders in Adult Social Care and it is important that the City Council contributes to the national debate on these issues. It is particularly important in the context of resourcing challenges facing Adult Social Care.  The short term funding arrangements from central government currently in place through the Better Care Fund and improved Better Care Fund come to an end in 2020/21. 

As well as the issue of achieving sustainability in Adult Social Care much of the consultation sought views on the role of local government in improving the well-being of its population.  The responses given emphasise that local government is fundamental to achieving this goal.  This needs to be considered in the wider role of local government by including public health, housing and leisure. 

Throughout the consultation response, which was set out at Appendix 1 to the report, and to demonstrate the points made, examples have been provided of work underway in Coventry that demonstrate the progress being made to improve well-being. These examples include the Health and Well Being Concordat, year of well-being, our work on improving Delayed Transfers of Care and the Community Promoting Independence programmes.

RESOLVED that the Cabient approve the submission of the consultation response to the LGA Green Paper.

Report of the Deputy Chief Executive (People)

Note: A briefing note detailing Health and Social Care Scrutiny Board (5)’s consideration of this matter, along with its recommendations, is appended at page 145.

The Cabinet considered a report of the Deputy Chief Executive (People), which set out the performance of Adult Social Care and the progress made against the priorities for the year 2017/18.

The Adult Social Care Annual Report 2017/18 (also referred to as Local Account) describes the performance of Adult Social Care and the progress made against the priorities for the year.  It also provides specific examples of the operational activities to support service users and carers.  As with the report for 2016/17 it is aligned around the Adult Social Care values and principles as a mechanism of demonstrating what the Council are doing in practice to put what it signs up to strategically into practice.  The Local Account was attached to the report as Appendix 1.

Although there is not a statutory requirement to produce an annual report, it is considered good practice as it provides an opportunity to be open and transparent about the successes and challenges facing Adult Social Care and to show what is being done to improve outcomes for those that come into contact with Adult Social Care.  The production of an annual report is part of the Local Government Associations (LGA) approach to Sector Led Improvement.  This approach was launched following the removal of national targets and assessments for Adult Social Care. 

The production of the 2017/18 report has drawn on the pool of feedback and information that was gathered over the year from a range of sources including social care staff, Partnership Boards, Adult Social Care Stakeholder Reference Group, providers, partner organisations and people that have been in contact with Adult Social Care along with their families and carers.

The Cabinet noted that the Health and Social Care Scrutiny Board (5), considered the report at their meeting on 19^th September 2018 and a briefing note setting out their discussions was appended to the report submitted.  Whilst the Board made no specific recommendations to Cabinet, they indicated that they had used the report to inform a number of areas for further investigation by the Scrutiny Board through their work programme.

RESOLVED that the Cabinet:-

1.  Note the comments from the Health and Social Care Scrutiny Board (5).

2.  Approve the Adult Social Care Annual Report 2017/18 (Local Account).

Report of the Deputy Chief Executive (People)

The Cabinet considered a report of the Deputy Chief Executive (People), which presented the Coventry One Strategic Plan and Education Capital Programme.

Under Section 14 of the Education Act 1996, Coventry City Council has a statutory duty to ensure sufficient school places and fair, appropriate access to education.  It is the Council’s role to plan, commission and organise school places in a way that raises standards, manages supply and demand and creates a diverse infrastructure.

The Coventry One Strategic Plan, attached as Appendix 1 to the report, sets out pupil forecasts for primary and secondary education planning areas in response to rising or falling pupil cohorts across the city.  It outlines the strategy proposed by the Local Authority and the Coventry Secondary Headteacher Partnership to meet the additional places required in secondary provision from 2019 – 2021.

It is proposed that the strategy will be a flexible document, able to adapt to shifting mechanisms of parental preference, unforeseen changes in supply and demand of school places, and future birth rates. To do this, the One Strategic Plan will be monitored and updated annually, alongside a wider process of constant review of School Place Planning. In addition, the procuring of places will take place annually so as to not create an unstable amount of school places.

A Memorandum of Understanding (MOU) has been established to ensure partnership commitment between the Council and secondary schools (and will be rolled out to primary and special, subject to approval).  These partnerships signify a commitment and cooperation between the Council, governing bodies and school leadership teams to meet the educational needs of children and young people in Coventry, ensure the sustainability of Coventry schools, and to enable the City Council to meet its statutory obligations.

This partnership commitment signifies a statement of intent to collaborate and work in partnership to achieve the best possible outcomes for children and young people in Coventry, ensure the sustainability of Coventry schools, and to enable the City Council to meet its statutory obligations. As part of this process, numerous options have been discussed at both full partnership meetings, and the Secondary Headteacher Executive. The preferred option presented below has been approved by the partnership as being the best valid option keeping in line with our statutory requirement as outlined by the DfE to:

i.  Spend capital funding efficiently

ii.  Safeguard the quality of places in the system

iii.  Manage down spare capacity in the estate where it exists.

Capital allocations to meet projected shortfalls in provision are provided by the Education Skills Funding Agency (ESFA) to all Local Authorities based on the data provided in the annual School Capacity return (SCAP).  Demand for places minus the supply of places is multiplied by a cost per pupil place to inform the final allocation.  This return informs the ESFA of the expected change in pupil numbers over the next few years, the current capacity of schools to meet those numbers and the planned changes to that  ...  view the full minutes text for item 46.

Report of the Deputy Chief Executive (Place)

The Cabinet considered a report of the Deputy Chief Executive (Place) which set out proposals for the disposal of a number of minor sites.

A corresponding private report was also submitted to the meeting setting out the commercially confidential matters of the proposal.  (Minute 53 below refers.)

The Cabinet noted that officers are continually reviewing the Council’s land holdings.  A number of sites have been identified as either surplus to operational requirements, or where there is expenditure to maintain or the land is subject to fly tipping and anti-social behaviour. The sites identified in the appendix attached to the report may have the potential to be developed as part of a wider development site, including commercial and garden land uses.  The sites included land at Henley Road/Caradoc Close; Cheltenham Croft; Wall hill Road; Abbey Road; Harry Rose Road; land adjacent to Red Lane; Freehold Street (Former Afro Caribbean Youth Centre); and land adjacent to 277 Longford Road / Oban Road.

The sites identified are a mix of derelict, overgrown and non-operational sites and do not have any strategic benefits for the Council to retain.  The Council acting as planning authority is in principle supportive of opportunities to promote urban regeneration throughout Coventry and notes that at least some of these sites may be acceptable in this regard subject to full consideration by the Council through the planning application process.

The preferred method of disposal will be via auction, to guarantee the capital receipts which will be received in this financial year. Sites may also be sold via the tender process to ensure the right purchaser is selected for certain sites, this also includes seeking ‘expressions of interest’ approval where necessary.

The report indicated that officers will continue to review the Council’s commercial property portfolio for opportunities to identify land and buildings that do not adequately contribute to the Council’s resources and will bring forward further reports recommending disposal.

RESOLVED that the Cabinet:

1.  Declare the sites listed in Appendix 1 to this report surplus to requirements.

2.  Approve the freehold disposal of the sites identified in Appendix 1 to this report by auction, tender or direct negotiation.

3.  Approve the seeking of expressions of interest for land at Abbey Road.

4.  Delegate authority to the Director of Finance and Corporate Services, following consultation with the City Solicitor, to agree the final terms of the land transactions, complete the necessary legal documentation and collect the consideration obtained for the sale. 

Report of the Deputy Chief Executive (People)

The Cabinet considered a report of the Deptuy Chief Executive (People) which set out proposals for the commissioning of domestic abuse and sexual violence and abuse services.

A corresponding private report was also submitted to the meeting setting out the commercially confidential matters of the proposal.  (Minute 54 below refers.)

Domestic abuse is a manifestation of one person (or persons) exerting power and control over an intimate partner or other family member.  While the Home Office definition encompasses those over 16 years of age, it can feature in relationships between people as young as 13 or over 60; be perpetrated by children against their parents; and involve the wider family. Domestic abuse can take many forms including, but not limited to, psychological, physical, sexual, financial and emotional abuse.  It also includes honour-based violence and forced marriage.

Sexual violence and abuse is sexual activity with perpetrators using force, making threats or taking advantage of victims without their consent. Often victims and perpetrators know each other and sexual abuse can also be a form of domestic violence, but sexual abuse can also involve people with no previous connection.

Coventry’s Domestic Abuse Strategy 2018 – 2023 was considered / approved by the Police and Crime Board, Health and Wellbeing Board, adults and children’s safeguarding boards and Scrutiny Co-Ordination Committee. It incorporates the city’s approach to addressing domestic abuse, including honour-based violence and forced marriage.

Coventry City Council commissions a range of services that aim to address domestic abuse and sexual violence and abuse by protecting and supporting victims and influencing the behaviour of offenders.  It was proposed that:

•  The domestic abuse service model and specification is revised and updated and services are commissioned in 3 Lots (a victim and children’s service for information, advice and community based support; a supported accommodation service; and a perpetrator service) over a period of 5 years with two 2-year options to extend. The local authority’s financial investment in these services will remain at existing levels, but the contract value will reduce by 3% to reflect the cessation of funding contributed by the West Midlands Police and Crime Commissioner.

•  The sexual violence and abuse counselling service specification is revised and updated.  The service is recommissioned based on the existing budget over a period of 5 years with the option to extend to mirror the domestic abuse contracts. The model for this service will not change.

It is proposed that domestic abuse and sexual violence and abuse services are commissioned as separate entities but are procured concurrently.

In order to get best value from these services and enable successful bidders to establish strong and meaningful relationships among local partners, the contract will run for five years with two 24 month extensions available, giving a possible contract length of 9 years. It is proposed that the services are procured via competitive tender with contracts commencing 1 July 2019. The commissioning process for a longer term contract will seek to gain additional value from providers.

The proposal is based  ...  view the full minutes text for item 48.

Report of the Deputy Chief Executive (Place)

The Cabinet considered a report of the Deputy Chief Executive (Place), which set out proposals to proceed with an investment into Coombe Abbey Country Park and Coombe Abbey Park Ltd (CAPL) on a commercial arms length basis.

A corresponding private report was also submitted to the meeting setting out the commercially confidential matters of the proposal.  (Minute 55 below refers.)

In December 2017 the City Council purchased 100% of the shares in Coombe Abbey Park Ltd (CAPL), the operator of Coombe Abbey Hotel.  Following this purchase, officers have been reviewing a variety of different projects to increase partnering between CAPL and the wider City Council.

The report set out three proposals, which included the provision of a capital loan facility to CAPL; entering into a lease to enable a high wire assault cause to be built; and entering into a lease with CAPL on the existing catering space in Top Pool Lodge to establish a second café for Coombe Country Park and undertake de minimis works to the property before doing so.

The Council refinanced CAPL on 29^th November 2013 with a loan which is repayable over 15 years, ending in November 2028.  CAPL continues to service this debt from its existing revenue streams under the City Council’s ownership and the securities from this loan remain in place for a further 10 years.  It is proposed that a maximum facility of £1.95m is made available to CAPL over the next 10 years this period being in line with the Council’s existing loan facility to CAPL.  The new facility will ensure that appropriate security is obtained in order to protect the Council.

Upon first use, a one off arrangement fee of £15k would be payable from CAPL to the City Council.  Monies advanced to CAPL would be subject to interest rates based on commercial rates, and all drawdowns will be repayable by the term of the loan.

Coombe Country Park, whilst owned and operated by the City Council sits within the planning authority of Rugby Borough Council.  Within the Coventry boundary, the updating and establishment of play areas and parks is primarily funded from S106 contributions and grant monies obtained by the City Council and/or friends groups.

Whilst hugely popular with Coventry residents, no formal friends group exists for Coombe Country Park.  Also S106 money raised in Coventry cannot be spent in Rugby Borough Council’s area.  Therefore, the funding of new facilities in Coombe Country Park has to come from a limited parks budget or through more innovative schemes. 

An opportunity has arisen for CAPL to build a high wire assault course and tree top experience in Coombe Country Park.  CAPL have been in dialogue with a supplier of tree top high wire assault courses.  A provisional deal has now been reached where CAPL will enter into an agreement with the supplier to deliver a high wire facility in Coombe Abbey Country Park.

CAPL will pay a rent to the Council on the park land required for the development of  ...  view the full minutes text for item 49.

To consider the attendance of the Deputy Leader (Councillor A Khan), the Cabinet Member for Strategic Finance and Resources (Councillor J Mutton) and the Deputy Cabinet Member for Strategic Finance and Resources (Councillor P Akhtar) at the 29^th General Assembly of International Association of Peace Messenger Cities (IAPCM) International Forum of People’s Diplomacy, to be held in Volgograd, Russia from the 27^th October to 2^nd November 2018.

RESOLVED that the Cabinet approve the attendance of the Deputy Leader (Councillor A Khan), Cabinet Member for Strategic Finance and Resources (Councillor M Mutton), and the Deputy Cabinet Member for Policing and Equalities (Councillor P Akhtar), at the 29^th General Assembly of International Association of Peace Messenger Cities (IAPMC) ‘International Forum of People’s Diplomacy’ in Volgograd, Russia from the 27^th October 2018 to 2^nd November 2018.

There are no outstanding issues

There were no outstanding issues.

There were no other items of public business

Report of the Deputy Chief Executive (Place)

(Listing Officer: A Walimia tel: 024 7683 3384)

Further to Minute 47 above, the Cabinet considered a private report of the Deputy Chief Executive (Place) setting out the commercially confidential matters relating to proposals to the disposal of small surplus sites.

RESOLVED that the Cabinet:

1.  Declare the sites listed in Appendix 1 of this report surplus to requirements.

2.  Approve the freehold disposal of the sites identified in Appendix 1 of this report by auction, tender or direct negotiation.

3.  Approve the seeking of expressions of interest for land at Abbey Road.

4.  Delegate authority to the Director of Finance and Corporate Services in consultation with the City Solicitor to agree the final terms of the land transactions, complete the necessary legal documentation and collect the consideration obtained for the sale. 

Report of the Deputy Chief Executive (People)

(Listing Officer: P Hargrave, tel: 024 7683 2868)

Further to Minute 48 above, the Cabinet considered a private report of the Deputy Chief Executive (Place) setting out the commercially confidential matters relating to proposals to commission domestic abuse services and sexual violence and abuse services.

The Cabinet noted that the Scrutiny Co-ordination Committee considered the report at their meeting on 26^th September 2018 and supported the proposals.

RESOLVED that the Cabinet:

1.  Approve the proposal to commission domestic abuse services and a sexual violence and abuse service and grant permission to issue a tender to procure in line with the proposed model and timescale.

2.  Delegate authority to the Director of Public Health and Wellbeing and the Director of Finance and Corporate Services to award and implement the contracts for domestic abuse services and a sexual violence and abuse service.

Report of the Deputy Chief Executive (Place)

(Listing Officer: A Walster, tel: 024 7683 2621)

Further to Minute 49 above, the Cabinet considered a private report of the Deputy Chief Executive (Place) setting out the commercially confidential matters relating to proposals to proceed with an investment into Coombe Abbey Country Park and Coombe Abbey Park Ltd (CAPL) on a commercial arms length basis.

RESOLVED that the Cabinet:-

1.  Delegate authority to the Deputy Chief Executive (Place) to enter into a lease with Coombe Abbey Park Ltd to facilitate the building of a high wires assault course for Coventry.

2.  Delegate authority to the Deputy Chief Executive (Place) to negotiate and agree the terms of a lease with Coombe Abbey Park Ltd to facilitate the building of a high wires assault course for Coventry.

3.  Delegate authority to the Deputy Chief Executive (Place) to enter into a lease and licence with Coombe Abbey Park Ltd on the existing catering space in Top Pool Lodge to establish a second café for Coombe Country Park and undertake refurbishment works up to the value of £20k to the property to bring up to lettable standard.

4.  Delegate authority to the Deputy Chief Executive (Place) to negotiate and agree terms of the lease and licence with Coombe Abbey Park Ltd on the existing catering space in Top Pool Lodge to establish a second café for Coombe Country Park.

5.  Recommend to Council that it:

(a)  Approves in principle the grant of a capital loan facility up to the sum of £1.95m for Coombe Abbey Park Ltd

(b)  Delegates authority to Deputy Chief Executive (Place) and the Director of Finance and Corporate Services (Section 151 Officer) or nominated representative, following consultation with the Cabinet Member for Strategic Finance and Resources and the City Solicitor, to undertake all necessary due diligence and to finalise the terms and details of the loan arrangement and to thereafter manage the loan facility. The authority under this recommendation shall include the power to negotiate and agree variations to the terms of the loan facility.

(c)  Approves the addition of £1.95m to the Councils approved capital programme for the purposes of a capital loan facility to Coombe Abbey Park Ltd, financed from capital receipts.

There were no other items of private business.