Agenda and minutes

Members are asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applies to them.

Members were asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applied to them.

England Rugby World Cup

On behalf of the Council and Cabinet the Leader gave congratulations to the winning England World Cup Rugby Team.  In particular, congratulations were passed to the Leicester Tigers players who were members of the team.  It was explained that discussions were taking place to identify ways in which the City can show its appreciation to the team when the World Cup is possibly brought to Leicester.

Social Care and Health Department Star Rating

It was announced that the Social Care and Health Department had achieved a two star rating from the Social Services Inspectorate, taking the department into the top 35 in the Country.  Congratulations were passed to all staff in the Department whose hard work had made this possible.

The minutes of the meeting held on 3 November 2003, have been circulated to Members and the Cabinet is asked to approve them as a correct record.

RESOLVED:

That the minutes of the meeting held on 3 November 2003 2003, having been circulated to Members, be taken as read and signed by the Chair as a correct record.

Councillor Blackmore submits a report advising the Cabinet of the outcome of the review of Revitalising Neighbourhoods undertaken by the Procedures Working Party.  Cabinet is asked to make a number of decisions with regard to the review, for recommendation to Council.

The relevant minutes extract from the Finance, Resources and Equal Opportunities Scrutiny Committee on 4 September 2003 is attached to the report.

Councillor Blackmore submitted a report advising Cabinet of the outcome of the review of Revitalising Neighbourhoods that had been undertaken by the Procedures Working Party.  In particular the report put forward a number of recommendations regarding the setting up of Area Committees.  The relevant minutes extract from the Finance, Resources and Equal Opportunities Scrutiny Committee on 4 September was attached to the report and the Committee was thanked for its input into the review and consultation process.  The Procedures Working Party was also thanked for its contribution.  Cabinet members welcomed the refocusing of Revitalising Neighbourhoods on elected members.  All those involved in the review were thanked for their hard work.

RESOLVED:

(1)   That with regard to section 2.9 of the report to not employ Neighbourhood Co-ordinators but consider, with the functions identified in appendix J, the roles which can be undertaken by other means, principally to enable the effective running of Area Committees and in the case of the city centre, the Area Forum;

(2)   that the resource issues in setting up Area Committees be noted; and

(3)   that the following be recommended to Council:

(i)that Area Committees be set up to provide better solutions to local problems and improve services by giving some key decision making powers to ward Members, and bringing decision making closer to the public;

(ii)that Area Committees have seven roles;  executive decision making, community engagement, preparing area community plans, neighbourhood renewal, scrutiny, best value and performance management and working with local partners;

(iii)that the set of six criteria outlined in the report be used to decide which functions to delegate to Area Committees;

(iv)that minimum service standards be set for functions that are delegated to Area Committees;

(v)that there be community engagement in the work of Area Committees and that Area Committees choose their own method of community engagement, but will adhere to minimum standards;

(vi)that the boundaries for Area Committees be based on groupings of two or three wards, The Corporate Director of Cultural Services and Neighbourhood Renewal to consult with all the Members as to whether they wish to see any changes to the current groupings;

(vii)that there not be an Area Committee for the city centre, but a consultative forum made up of businesses, residents and other stakeholders in city centre issues.  That Councillors having a key role in the forum; and

(viii)that officers develop a detailed operational framework in the form of Guidelines for Area Committees, aimed at officers and Members and covering such issues as the Scheme of Delegation, minimum service standards, the relationship between Area Committees and the rest of the Council's governance and political management system, community engagement, and the financial arrangements for Area Committees;

Councillor Hunt submits a report presenting to Cabinet the findings of the re-assessment of potential site for a Park & Ride facility in the south of the City.  Cabinet is asked is to make several decisions with regard to the site of the Park & Ride facility.

The relevant minutes extract form the Highways and Transportation Scrutiny Committee on 29 October 2003 is attached to the report.

Councillor Johnson presents a report seeking Cabinet approval for the publication of formal notices proposing the closure of Parkfield Nursery at the end of the Spring Term 2004.  Cabinet is also asked to authorise that the ring fencing and redeployment of savings arising from the closure during 2003/04 be earmarked for developments for pre-school pupils with Special Educational Needs.

Councillor Johnson presented a report which sought approval for the publication of formal notices proposing the closure of Parkfield Nursery at the end of the Spring Term 2004.  It was explained that the number of pupils at the school had reduced to 9 FTE and that it was no longer viable to run the Nursery.  It was also considered that the needs of the pupils could be better met in mainstream schools.  Cabinet was also asked to authorise that the ring fencing and redeployment of savings arising from the closure during 2003/04 be earmarked for developments for pre-school pupils with Special Educational Needs.

RESOLVED:

(1)   That the Corporate Director of Education and Lifelong Learning be authorised to publish statutory proposals under section 31 of the School Standards and Framework Act 1998 to close Parkfield Nursery; and

(2)   that the ring fencing and redeployment of savings arising from the closure during 2003/04 be earmarked for developments for pre-school pupils with Special Educational Needs.

Councillor Coley submits a report proposing a policy on the use of new discretions to vary the current council tax discounts received on second homes and long term empty properties.  Cabinet is asked to adopted the proposed policy in principle for a period of consultation with a view to recommending the policy to Council for implementation in April 2004.

Councillor Coley submits a report informing Cabinet of the progress made in developing a new corporate revenue budget strategy for the period 2004/05 to 2006/07.  Cabinet is asked to note the draft corporate revenue strategy.

Councillor Coley submitted a report informing Cabinet of the progress made in developing a new corporate revenue budget strategy for the period 2004/05 to 2006/07.

RESOLVED:

that the draft corporate revenue strategy be noted.

Councillor Coley submits a report recommending a process for setting the 2004/05 corporate capital programme and to inform Cabinet of the new Prudential Framework for capital finance.  Cabinet is asked to note the implications of the Prudential Framework, recommend the completion of the current 3 year capital programme and agree to develop a new capital strategy over the autumn / winter 2003/04.

Councillor Coley submitted a report recommending a process for setting the 2004/05 corporate capital programme and informing Cabinet of the new Prudential Framework for capital finance.  The Chief Finance Officer explained the ’spend to save’ options and also explained the merits of long and short term borrowing.

RESOLVED:

(1)       That the implications of the Prudential Framework for the Council and the fact that the abolition of capital controls brings with it a responsibility to ensure our capital spending programmes are prudent, affordable and sustainable be noted;

(2)       that the completion of the current 3 year capital programme which runs to 2004/05 be recommended to Council; and

(3)       that a new capital strategy be developed over the autumn/winter 2003/4, which will be used to develop a new 3-year corporate capital programme in 2004 for the period 2005/06 to 2007/08 be developed.

Councillor Coley submits a report which enables compliance with the requirements of the Council’s Corporate Governance Code by carrying out an Annual Review of Corporate Governance arrangements for the year 2002/03, and to enable the Chief Executive to sign a Corporate Assurance Statement.  Cabinet is asked to note the position in respect of complaints to the ombudsman and authorise the Town Clerk to finalise a Corporate Assurance Statement to be signed by the Chief Executive and Leader on behalf of the Authority.

The relevant minutes extract from the Finance, Resources and Equal Opportunities Scrutiny Committee on 8 October 2003 is attached to the report.

Councillor Coley submitted a report which enabled compliance with the requirements of the Council’s Corporate Governance Code by carrying out an Annual Review of Corporate Governance arrangements for the year 2002/03, and to enabling the Chief Executive to sign a Corporate Assurance Statement.  The relevant minutes extract from the Finance, Resources and Equal Opportunities Scrutiny Committee on 8 October 2003 were attached to the report.

RESOLVED:

(1)   that the position in respect of corporate governance assurance and complaints to the ombudsman be noted; and

(2)that the Town Clerk be authorised to finalise a Corporate Assurance Statement to be signed by the Chief Executive and Leader on behalf of the Authority.

Councillor Coley submits a report proposing the updating of democratic and managerial controls by which the Councils borrowing and investments are governed, so as to reflect current best practice.  Cabinet is asked to recommend to Council a Treasury Management Policy.

Councillor Coley submitted a report proposing the updating of democratic and managerial controls by which the Council’s borrowing and investments were governed.  This would ensure that they reflected current best practice.  Cabinet was asked to recommend to Council a Treasury Management Policy.

RESOLVED:

(1)               that Council be recommended to pass the following resolution as detailed in the report;

“Leicester City Council adopts the key recommendations of CIPFA’s Treasury Management in the Public Services: Code of Practice (the Code) 2001 as described in section 4 of that Code. Accordingly, this organisation will create and maintain, as the cornerstones for effective treasury management:

i)                    a treasury management policy statement (TMPS), stating the policies and objectives of its treasury management activities

ii)suitable treasury management practices (TMPs), setting out the manner in which the organisation will seek to achieve those policies and objectives, and prescribing how it will manage and control those activities.

The Council will receive reports on its treasury management policies, practices and activities including, as a minimum, an annual strategy and plan in advance of he year, and an annual report after its close , in the form prescribed in its TMPs.

The Council delegate responsibility for the implementation and monitoring of its treasury management policies and practices to the Cabinet, and for the execution and administration of treasury management decisions to the Chief Finance Officer who will act in accordance with the organisation’s policy statement and TMPs and CIPFA’s Standard of Professional Practice on Treasury Management.”  Monitoring of the function will be undertaken by the Finance, Resources and Equal Opportunities Scrutiny Committee.

(2)               that the treasury management policy statement be

adopted;

(3)that the 12 treasury management practices be adopted;

(4)that the preparation of all schedules issued in connection with treasury management practices adopted by the Council be delegated to the Chief Financial Officer;

(5)that the maintenance of lists of bodies to whom the Council may lend and borrow money be delegated to the Chief Finance Officer, subject to criteria agreed by the Cabinet;

(6)               that the maintenance of a list of authorised instruments that may be used for investments, borrowing, leasing or other forms of capital finance, subject to agreed treasury management practices be delegated to the Chief Finance Officer;

(7)that the day to day activity of treasury management continue to be delegated to the Chief Finance Officer; and

(8)that the Chief Finance Officer be required to report to Scrutiny Committee details of powers of delegation exercised by means of a six monthly review of treasury management activities.

Councillor Coley submits a report which follows the self assessment stage of the Legal Services Best Value Review and summarises emerging issues and improvement options.  Cabinet is asked to make a number of decisions with regard to the review.

The full review report is attached for members of the Cabinet only.  Copies of this document can be obtained either from the Council’s website www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6022.

Councillor Coley submitted a report which followed the self assessment stage of the Legal Services Best Value Review and summarised emerging issues and improvement options.  In response to questions from the Leader, the Service Director of Legal Services explained that ‘bottle necks’ in service delivery had been a result of a shortage of senior staff and it was hoped that a review of practice support procedures and an increase in staffing would contribute to a reduction in bottle necks.

RESOLVED:

(1)      that the report be noted;

(2)that the Cabinet confirm its wish to retain a sustainable in-house legal service, to provide specialist legal advice and support for all Council functions, as well as in support of Corporate Governance, whilst retaining, as at present, flexibility to commission external legal services where needed for specialist needs, peaks of work;

(3)that Legal Services rebalances its staff profile to better match demand by increasing/reducing staff as set out in the report;

(4)that Departments and Legal Services work together to find ways of reducing the need for formal legal services; and

(5)that the Service Director (Legal Services) finalises the improvement plan in line with Cabinet’s decision, and in consultation with Andrew Cozens, Scrutiny Director for this review.

Councillor Coles submits a report informing Cabinet of the consultation response to the governments’ Green Paper ‘Every Child Matters’.  It also summarises the key recommendations within the paper.  Cabinet is asked to note the consultation responses and consider any further response they may wish to make.

The relevant minutes extract of the Social Services and Personal Health Scrutiny Committee held on 29 October 2003 is attached to the report.

The full consultation response is attached for members of the Cabinet only.  Copies of this document can be obtained either from the Council’s website www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6022.

Councillor Coles submitted a report informing Cabinet of the consultation responses so far to the governments’ Green Paper ‘Every Child Matters’.  It also summarised the key recommendations within the paper.  The relevant minutes extract of the Social Services and Personal Health Scrutiny Committee held on 29 October 2003 was attached to the report.

RESOLVED:

that the consultation responses be noted.

Councillor Coles submits a report informing Cabinet of the outcome of the National Care Standards Commission Inspection of the Leicester City Council Fostering Service which took place in May 2003.  Cabinet is asked to note the final report of the National Care Standards Inspection and note the statutory requirements identified in the report, which have been acted upon and the good practice recommendation which have been implemented or are in progress.

The relevant minutes extract of the Social Services and Personal Health Scrutiny Committee held on 29 October 2003 is attached to the report.

The full National Care Standards Commission inspection report is attached for members of the Cabinet only.  Copies of this document can be obtained either from the Council’s website www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6022.

Councillor Coles submitted a report informing Cabinet of the outcome of the National Care Standards Commission Inspection of the Leicester City Council Fostering Service, which took place in May 2003.  The Cabinet acknowledged the excellent service provided by the Fostering Team.  The relevant minutes extract of the Social Services and Personal Health Scrutiny Committee held on 29 October 2003 was attached to the report.

RESOLVED:

(1)   that the report be noted;

(2)   that it be noted that the statutory requirements and good practice recommendations within the Inspection report had been acted upon; and

(3)   that the staff at the Fostering Service be congratulated on the positive inspection.

Councillor Coles submits a report presenting the Adoption Team Annual Report.  Cabinet is asked to note the Annual Report.

The relevant minutes extract of the Social Services and Personal Health Scrutiny Committee held on 29 October 2003 is attached to the report.

The full annual report is attached for members of the Cabinet only.  Copies of this document can be obtained either from the Council’s website www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6022.

Councillor Coles submitted a report, which presented the Adoption Team Annual Report.  The Cabinet acknowledged the excellent service provided by the Adoption Team.  The relevant minutes extract of the Social Services and Personal Health Scrutiny Committee held on 29 October 2003 was attached to the report.

RESOLVED:

(1)               That the report be noted; and

(2)that the Adoption Team Staff be congratulated on the positive annual report.

Councillor Coles submits a report that informs Cabinet about the progress of Leicester’s Children’s Trust Pathfinder, The Leicester Federation of Children’s Services.  Cabinet is asked to make a number of decisions with regard to the Children’s Trust Pathfinder.

The relevant minutes extract of the Social Services and Personal Health Scrutiny Committee to be held on 20 November 2003 will be circulated once they are available.

Councillor Coles submitted a report that informed Cabinet about the progress of Leicester’s Children’s Trust Pathfinder, The Leicester Federation of Children’s Services.  It was noted that the project did not involve setting up a new organisation but was a federation of existing organisations and agencies aimed at improving co-ordination of services to vulnerable children.  The relevant minutes extract from the Social Services and Personal Health Scrutiny Committee held on 20 November 2003 were circulated to the Cabinet.

RESOLVED:

(1)               That the statement of strategic intent be approved;

(2)               that the initial priority work streams, the project management arrangements, the initial project execution plan, the initial communication strategy and an approach to cultural change across partner agencies be approved;

(3)               that Councillor Coles be nominated as Cabinet lead for the project and the Federation;

(4)               that the requirement to secure Neighbourhood Renewal Fund funding in 2004 – 2006 to cover project management infrastructure be noted;

(5)               that the current lack of adequate infrastructure resources be noted; and

(6)               that the governance recommendation be agreed.

Councillor Hunt presents a report informing Cabinet of the plans for ‘Improving Construction Procurement’, in line with modern best practice and seeks Cabinet approval for a pilot Framework Partnership Agreement.  Cabinet is asked to endorse the work taking place to improve construction procurement practices and make a number of decisions regarding pilot Framework Partnering arrangements.

Councillor Coley presented a report informing Cabinet of the plans for ‘Improving Construction Procurement’, in line with modern best practice and seeking Cabinet approval for a pilot Framework Partnership Agreement.

RESOLVED:

(1)    that the work taking place to improve construction procurement practices be endorsed;

(2)         that the most economically advantage tender evaluation criteria and the waiving of Contract Procurement Rule be approved; and

(3)    that the Corporate Director, Education and Life Long Learning be authorised to undertake a competitive tender in respect of the Schools’ Mobile Classroom replacement programme to source the most economically advantageous contractor bid; and

(4)    that the Corporate Director, Education and Lifelong Learning, be authorised to finalise the terms of the contract documents; and

(5)         that the Head of Legal Services be granted authorisation to enter into the necessary contracts.

Councillor Coley submits a report presenting the 2003/04 Service Plan for Consumer Protection.  Cabinet is asked to endorse the plan.

The relevant minutes extract from the Arts, Leisure and Environment Scrutiny Committee held on 1 October 2003 is attached to the report.

The full service plan is attached for members of the Cabinet only.  Copies of this document can be obtained either from the Council’s website www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6022.

Councillor Coley submitted a report presenting the 2003/04 Service Plan for Consumer Protection.  The relevant minutes extract from the Arts, Leisure and Environment Scrutiny Committee held on 1 October 2003 was attached to the report.  The Committee was thanked for its contribution to the plan.

RESOLVED:

that the 2003/04 Service Plan for Consumer Protection be endorsed.

Councillor Coley submits a report presenting a series of proposals and options for the future configuration and delivery of Interpretation and Translation Service to enable improvements to be made to service performance.  Cabinet is asked to make several decisions regarding the review.

Councillor Blackmore asked for this report to be deferred.

RESOLVED:

that the above report be deferred to a future meeting.

Councillor Hunt submits a report informing Cabinet that the City Council has been invited to lead an eco-procurement project worth £2.15 million, supported by the EU – LIFE – Environment Fund.  Cabinet is asked to approve Leicester City Council as the accountable body and beneficiary of the project.

Councillor Hunt submitted a report informing Cabinet that the City Council had been invited to lead an eco-procurement project worth £2.15 million, supported by the EU – LIFE – Environment Fund.

RESOLVED:

that approval be given for Leicester City Council to be the accountable body and beneficiary of the project, and thereby the authority will be legally and financially responsible for the implementation of the project and failure to deliver project outputs or follow the correct reporting procedures would result in the loss of funding from the European Commission and the requirement to repay any sums already received.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Cabinet is entitled to consider certain items in private.  Members of the public will be asked to leave the meeting when such items are discussed.

The Cabinet is recommended to consider the following reports in private on the grounds that they contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, and consequently that the Cabinet makes the following resolution:-

“that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act.”

Paragraph 7

Information relating to the financial or business affairs of any particular person (other than the authority)

National Space Centre – Request for Funding

Paragraph 9

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Property Disposal

The Chair noted that he had received a request from Councillor Farmer to remain in the meeting for the discussion on report B1 ‘National Space Centre – Request for Funding’.  He stated that his ‘need to know’ was on the basis of his role as Chair of the Strategic Planning and Regeneration Scrutiny Committee.  The Cabinet agreed to the request.

RESOLVED:

that the press and public be excluded during consideration of the following report in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involves the likely disclosure of ‘exempt’ information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act:-

Paragraph 7

Information relating to the business affairs of any particular person (other than the authority).

National Space Centre – Request for Funding

Paragraph 9

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Property Disposal

Councillor Coley submits a report.

Councillor Hunt submitted a report informing the Cabinet of a request from the National Space Centre for funding.

RESOLVED:

(1)   that approval be given to the payment of a one-off loan of £115,000 to the National Space Centre, to achieve the educational benefits for City school children as detailed in the report, details of the loan to be agreed by the Town Clerk in consultation with the Leader and Deputy Leader;

(2)   that approval be given for the use of £115,000 from savings in the capital programme scheme relating to the commissioning of an electricity sub-station to fund the contribution;

(3)   that it be noted that such a payment would meet the cost of the fundraising team in the first year;

(4)   that the National Space Centre be advised that the Council is unable to meet its request for the full amount; and

(5)   that the loan is subject to a package of discounts for visits to the Space Centre by Leicester Children and residents being agreed with the Space Centre and acceptable to the Corporate Director of Education and Lifelong Learning.

Councillor Coley submits a report.

Councillor Coley presented a report seeking approval for the disposal of approx 7 acres of land at Bursom Business Park, Leicester.

RESOLVED:

(1)   that approval be given to the disposal of approx 7 acres (2.83 hectares) of land at Bursom Business Park, Leicester, freehold with vacant possession;

(2)that the Head of Legal Services be authorised to exchange contracts (if not sold at auction) and to complete the sale of land described above.

The meeting closed at 6.20 pm.