Agenda and draft minutes

Cabinet - Tuesday, 4th June 2024 6.00 p.m.

Venue: Morecambe Town Hall

Contact: Liz Bateson, Democratic Support - email  ebateson@lancaster.gov.uk 

Items
No. Item

1.

Minutes

To receive as a correct record the minutes of Cabinet held on Tuesday, 16 April 2024 (previously circulated). 

Minutes:

The minutes of the meeting held on Tuesday 16 April 2024 were approved as a correct record.

 

2.

Items of Urgent Business Authorised by the Leader

To consider any such items authorised by the Leader and to consider where in the agenda the item(s) are to be considered. 

Minutes:

The Chair advised that there were no items of urgent business.

 

3.

Declarations of Interest

To receive declarations by Councillors of interests in respect of items on this Agenda. 

Councillors are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Councillors should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Councillors are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

 

Minutes:

4.

Public Speaking

To consider any such requests received in accordance with the approved procedure. 

 

Minutes:

Members were advised that there had been no requests to speak at the meeting in accordance with Cabinet’s agreed procedure.

 

It was noted that Councillor Parr had been delayed and with the agreement of the meeting the Chair suggested a revision to the order of the agenda with the item on Biodiversity Duty Obligations, which was in the names of Councillors Ainscough and Parr, considered following Councillor Parr’s arrival.

5.

Productivity In Local Government - 'Productivity Plan' pdf icon PDF 234 KB

(Cabinet Member with Special Responsibility Councillor Phillip Black)

 

Report of Chief Executive

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Phillip Black)

 

Cabinet received a report from the Chief Executive to endorse the council’s Productivity Plan, in response to the Productivity in Local Government request, from the Department for Levelling Up, Housing & Communities (DLUHC).

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: Endorse the Productivity Plan for submission.

Option 2: Do not endorse the Productivity Plan for submission.

Advantages

If endorsed, officers will be able to finalise the Productivity Plan and submit of time.

No specific advantages are identified for this option. Although this could enable further re drafting in time for the submission deadline.

Disadvantages

No specific disadvantages are identified for this option.

The Council must submit its productivity plan by the submission date.

Risks

None identified.

None identified.

 

The recommended option is to proceed with endorsing the Productivity Plan so that officers can submit the final version (Option 1).

 

Councillor Phillip Black proposed, seconded by Councillor Hamilton-Cox:-

 

“That the recommendation, as set out in the report, be approved.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)        That the finalising and submission of the Productivity Plan be delegated to the Chief Executive, in consultation with the Leader.

 

Officer responsible for effecting the decision:

 

Chief Executive

 

Reasons for making the decision:

 

The Productivity Plan mirrors current Policy Framework and will contribute to strategic and financial decision-making already set out in the Council Plan 2024-2027.  Cabinet endorsement will enable officers to submit the Productivity Plan to the Department for Levelling Up, Housing and Communities (DLUHC).

Councillor Parr joined the meeting during consideration of the following item.

6.

Annual Complaints Report pdf icon PDF 243 KB

(Cabinet Member with Special Responsibility Councillor Wood)

 

Report of Chief Officer – Housing and Property

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Wood)

 

Cabinet received a report from the Chief Officer- Housing and Property to provide an update on changes to complaints handling in line with the new joint Code of Practice from the Housing Ombudsman and Local Government and Social Care Ombudsman, including share performance information and required / voluntary self-assessments.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: That the approach to complaint code compliance as set out in this report be approved

Option 2: That an alternative approach to complaint handling be proposed

Advantages

Reassurance remains in place with regard to housing complaints, and the Council uses the voluntary requirements of the code to improve and standardise complaint handling across the wider Council with a view to compliance within 12 months time, in preparation for the LGSCO mandating this requirement

Unknown

Disadvantages

The Council accepts current non-compliance as a realistic position for non-housing complaints with a view to continuous improvement.

Unknown

Risks

Inconsistency of complaint handling while new processes are bedded in.

Unknown

 

Option 1 is the preferred officer option as this allows officers to work towards a realistic plan for full compliance across the Council.

 

 

Councillor Wood proposed, seconded by Councillor Caroline Jackson:-

 

“That recommendation 1 as set out in the report be approved with recommendation 2 revised to read: that Cabinet delegate the ability to provide a publishable statement to Chief Officer for Housing and Property in consultation with the portfolio holder with responsibility for Complaints.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)           That Cabinet notes the proposal set out in this report and approves the principles and approach to complaint handling across the Council.

 

(2)         That Cabinet delegate the ability to provide a publishable statement to Chief Officer for Housing and Property in consultation with the portfolio holder with responsibility for Complaints.

 

Officer responsible for effecting the decision:

 

Chief Officer – Housing and Property

 

Reasons for making the decision:

 

The decision is consistent with the Council Plan priority of A Co-operative, Kind, and Responsible Council.

 

Effective complaint handling and the adoption of a positive complaints culture offers vital feedback on service delivery and should be treated as an opportunity for improvement. The joint Complaint Code adopted by the HO and LGCSO provides clarity in this area. It prioritises open, transparent communication with complainants; consistency in responses and response times; accessibility for complainants; and a strong focus on evidenced learning from complaints. The proposals set out in the report outline the Council’s commitment to effective complaint handling, confirms in which areas the Council is already compliant, and outlines an ambition for full compliance.

 

7.

Meeting the Enhanced Biodiversity Duty Obligations pdf icon PDF 439 KB

(Cabinet Members with Special Responsibility Councillor Parr and Ainscough)

 

Report of Chief Officer – Planning and Climate Change

Minutes:

(Cabinet Member with Special Responsibility Councillors Parr and Ainscough)

 

Cabinet received a report from the Chief Officer – Planning and Climate Change to formally set out the City Council’s enhanced statutory responsibilities for biodiversity introduced as part of the Environment Act 2021. The Environment Act introduced a new Biodiversity Duty for all public authorities. The new Duty requires all public authorities who operate in England to consider what they can do to strengthen and enhance biodiversity and report on the delivery of these actions.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: Cabinet approves the actions set out in ‘Meeting the Biodiversity Duty – First Considerations’ (Appendix 1 to this report) to ensure that it can demonstrate that it has taken appropriate action to address new Biodiversity Duty obligations introduce by Environment Act 2021.

Option 2: Cabinet does not approve the actions set out in ‘Meeting the Biodiversity Duty – First Considerations’ (Appendix 1 to this report) to ensure that it can demonstrate that it has taken appropriate action to address new Biodiversity Duty obligations introduce by Environment Act 2021.

Advantages

The Council sets itself a clear set of actions that should enable it to demonstrate that it has acted responsibly and appropriately to address the new Biodiversity Duty introduced by the Environment Act whilst also demonstrating actions to address its own declaration of an Ecological Emergency.

None apparent.

Disadvantages

None apparent.

The Council will not have committed to achieving a clear set of actions that should enable it to demonstrate that it has acted responsibly and appropriately to address the new Biodiversity Duty introduced by the Environment Act whilst also demonstrating actions to address its own declaration of an Ecological Emergency.

Risks

In describing its intentions to address the new obligations and publishing its First Considerations Report the Council will be committing itself to actions that it will need to resource.

The Council may be criticised or censured by government for not preparing a First Consideration Report when the need to do so is clearly set out by the Environment Act 2021.

 

The preferred option is Option 1: Cabinet approves the actions set out in ‘Meeting the Biodiversity Duty – First Considerations’ (Appendix 1 to this report) to ensure that it can demonstrate that it has taken appropriate action to address new Biodiversity Duty obligations introduce by Environment Act 2021. In doing so the Council will have set itself a clear set of actions that should enable it to demonstrate that it has acted responsibly and appropriately to address the new Biodiversity Duty introduced by the Environment Act whilst also demonstrating actions to address its own declaration of an Ecological Emergency.

 

Councillor Ainscough proposed, seconded by Councillor Dowding:-

 

“That the recommendation, as set out in the report, be approved.”

 

Resolved unanimously:

 

(1)            That Cabinet approves the actions set out in ‘Meeting the Biodiversity Duty – First Considerations’ report to ensure that the City  ...  view the full minutes text for item 7.

8.

Strategic Risk Management pdf icon PDF 227 KB

(Cabinet Member with Special Responsibility Councillor Phillip Black)

 

Report of Chief Executive

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Phillip Black)

 

Cabinet received a report from the Chief Executive that provided Cabinet with an update on the authority’s progress in updating the Strategic Risk Register. 

 

During consideration of this report clarification was sought with regard to a risk within the exempt appendix and with the agreement of the meeting Cabinet excluded the press and public whilst the Chief Executive provided that clarification.  The press were then re-admitted to the meeting.

 

As the report was for noting no options were provided.

 

Resolved unanimously:

 

That the updated Strategic Risk Registers for Q3 and Q4 23/24, as appended to the report be noted.

 

Reasons for making the decision:

 

The Council have a Risk Management Policy, which is written to provide guidance on the management of risk. Risk Management is identified in the Council Plan 2024-27.

 

9.

Projects and Performance: Q4 2023-24 pdf icon PDF 346 KB

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

 

Report of Chief Executive

Additional documents:

Minutes:

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox

 

Cabinet received a report from the Chief Executive that provided an update on performance and projects during quarter four of 2023 - 24 (January - March 2024).

 

As the report was for commenting and noting no options were provided.

 

 

Resolved unanimously:

 

That the report be noted.

 

Reasons for making the decision:

 

Monitoring of strategic projects and key performance indicators provides a link between the Council Plan 24-27 by providing progress updates.