Agenda, decisions and minutes

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

Councillor Vikki Slade declared an interest in Minute No. 37 (SEND – Accelerated Timeliness) and refrained from voting on this item.

To confirm and sign as a correct record the minutes of the Meeting held on 6 September 2023.

The Minutes of the meeting held on 6 September 2023 were confirmed and signed as a correct record.

To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link:-

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

The deadline for the submission of public questions is 12 noon, 3 clear working days before the meeting.

The deadline for the submission of a statement is midday the working day before the meeting.

The deadline for the submission of a petition is 10 working days before the meeting.

Cabinet was advised that no statements or petitions had been received on this occasion but that four questions had been received from two members of the public in relation to Agenda Item 7 (The future of BCP FuturePlaces Ltd, investment and development) and Agenda Item 10 (SEND – Accelerated Timeliness).

Questions received from Mr Alex McKinstry on Agenda Item 7

Question 1

Regarding Item 7, the future of FuturePlaces: the table on page 91 states the estimated costs of running FuturePlaces until closure would be £1.06 million. Presumably office rental costs form part of that figure. According to Companies House the registered office of FuturePlaces is BCP Civic Centre, but the company's minutes reveal that board meetings have also been conducted this year at 45 Westminster Bridge Road; "Bourne Gardens", Exeter Park Road; and "The View" (which may be the same property), Bourne Park, Exeter Park Road. Can the Leader / Portfolio-Holder for Finance confirm how much rent and other charges are being paid for each of these premises, and indeed for any other office space utilised by FuturePlaces? Can we also be told which of these premises is being rented from a company associated with ex-Cllr Drew Mellor?

Response by the Leader of the Council and Portfolio Holder for Development, Growth, Regeneration and Transformation

Within the £1.06m estimated costs of running FuturePlaces Ltd until its closure, an amount of £27k has been provided for in relation to premise rental costs at Bourne Gardens. There are no other costs or payments relating to other addresses. The payment for this £27,000 was made to Hinton Road Investment Ltd. Our understanding is that a former Councillor is the sole director of Hinton Road Investment Ltd.

For completeness, in addition to the rent, a total sum of £4,726 excluding VAT has been paid over the last year, for additional room hire, outside of the core office space.

Question 2

Continuing with operating costs: the FuturePlaces chair stated at last week's scrutiny meeting that notice had been given to ex-Cllr Mellor's company in respect of that particular office space. When will the lease expire, what was its original duration (including the start date), and can we have details of any financial penalty imposed by the landlord in respect of the early forfeiture of the lease?

Response by the Leader of the Council and Portfolio Holder for Development, Growth, Regeneration and Transformation

I want to make a correction to what I said last week, as part of this answer.  Last week I said that former councillor Mellor had purchased the building that FuturePlaces occupy.  Former councillor Mellor has made it clear in public statements that he does not own that building.  I am happy to accept that statement at face value and apologise to him for my use of that specific term. 

However, his company, Hinton Road Investment Ltd, of which he is the sole director according to the records at Companies House, licences those offices to FuturePlaces and had done since  ...  view the full minutes text for item 31.

To consider recommendations from the Overview and Scrutiny committees on items not otherwise included on the Cabinet Agenda.

Cabinet was advised that there were no additional recommendations from the Overview and Scrutiny Committees on items not otherwise indicated on the Cabinet agenda on this occasion.

BCP Council’s priorities and values which underpin how we work to develop and deliver services are set out in the Corporate Strategy, adopted by Full Council in November 2019.

Delivery plan actions and performance measures are refreshed annually in line with the annual budget process, to ensure they remain relevant and in line with council priorities.

The council is currently refreshing the corporate strategy to update the vision for the place, the priorities and headline objectives. These will help build stable foundations to guide the council through current challenges and shape the way it can improve the lives of those who live, work, study and visit the Bournemouth, Christchurch and Poole area.

The appended performance report shows progress with performance measures set out in the delivery plans and any additional measures agreed by Cabinet as part of the performance reporting process, for quarter one of 2023/24 (April to June 2023).  Individual exception reports provide explanations and planned actions to address under performance against quarter one targets. 

The appended report also provides a further update on the delivery plan actions previously reported to Cabinet in July 2023.

RESOLVED that Cabinet: -

(a)             considered the Quarter One performance report;

(b)            considered the delivery plan action updates;

(c)             considered the performance exception reports relating to areas of under performance; and

(d)            advised of any amendments, deletions or additions to the performance indicator set that informs corporate performance.

Voting: Unanimous

Portfolio Holder: Leader of the Council and Portfolio Holder for Dynamic Places

Reason

The corporate strategy sets out the objectives and outcomes that the Council’s performance will be judged against and as such is a vital component of the Council’s performance management framework. An understanding of performance against targets, goals and objectives helps us assess and manage service delivery and identify emerging business risks.

The Leader of the Council and Portfolio Holder presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

Cabinet was advised that BCP Council’s priorities and values which underpin how we work to develop and deliver services are set out in the Corporate Strategy, adopted by Full Council in November 2019.

Cabinet was informed that delivery plan actions and performance measures are refreshed annually in line with the annual budget process, to ensure they remain relevant and in line with council priorities.

In relation to this Cabinet was advised that the council is currently refreshing the corporate strategy to update the vision for the place, the priorities and headline objectives, and that these will help build stable foundations to guide the council through current challenges and shape the way it can improve the lives of those who live, work, study and visit the Bournemouth, Christchurch and Poole area.

Cabinet was informed that the appended performance report shows progress with performance measures set out in the delivery plans and any additional measures agreed by Cabinet as part of the performance reporting process, for quarter one of 2023/24 (April to June 2023), and that   Individual exception reports provide explanations and planned actions to address under performance against quarter one targets. 

In addition to this Cabinet was advised that the appended report also provides a further update on the delivery plan actions previously reported to Cabinet in July 2023.

RESOLVED that Cabinet: -

(a)             considered the Quarter One performance report;

(b)            considered the delivery plan action updates;

(c)             considered the performance exception reports relating to areas of under performance; and

(d)            advised of any amendments, deletions or additions to the performance indicator set that informs corporate performance.

Voting: Unanimous

Portfolio Holder: Leader of the Council and Portfolio Holder for Dynamic Places

Reason

The corporate strategy sets out the objectives and outcomes that the Council’s performance will be judged against and as such is a vital component of the Council’s performance management framework. An understanding of performance against targets, goals and objectives helps us assess and manage service delivery and identify emerging business risks.

This report makes recommendations following a review of BCP FuturePlaces Ltd’s (FuturePlaces) work programme and business plan to enable BCP Council to deliver financially sustainable investment and development.

[PLEASE NOTE: Should the Cabinet wish to discuss the detail of the confidential appendix at Appendix 5, the meeting will be required to move into Confidential (Exempt) Session].

RESOLVED that Cabinet: -

(a)             agreed the outcome of the FuturePlaces business plan projects’ review, as set out in Table 12.1;

(b)            agreed to Option 1, the closure of FuturePlaces company and the bringing in-house of the development and investment activities of the company;

(c)             agreed the principles, as set out in Appendix 3, to be applied to the closure of FuturePlaces financial accounts in respect to work in progress;

(d)            delegates to the Director of Finance in consultation with the Chief Operations Officer, Portfolio Holder for Finance and Leader the implementation of these decisions and application of these principles (Appendix 3) to enable closure of FuturePlaces accounts and to report the final outcome position back to Cabinet;

(e)             noted the estimated range of between (£2.23m) and £1.24m for the orderly closure of FuturePlaces accounts after the provision already made;

(f)              noted the £636k additional cost for the in-house delivery of development for the period 1 November 2023 to 31 March 2024;

(g)            agreed to include in the proposed general fund base revenue budget of the council, from 2024/25 onwards, £1.526m to recognise the additional cost for the in-house delivery of regeneration accompanied with a principle of capitalising such costs where appropriate to do so; and

(h)            supports the recommendation from the Corporate and Community Overview and Scrutiny Committee and defers the decision on the disposal of the former civic offices in Poole and Christchurch to enable further work to be undertaken, with a report being brought back to the next Cabinet meeting on the disposal of the Christchurch civic offices and a report being brought back in early 2024 to deal with the disposal of the Poole civic offices.

Voting: Nem. Con. (1 abstention)

Portfolio Holder: Leader of the Council and Portfolio Holder for Dynamic Places

Reason

To achieve the corporate vision of delivery of dynamic places. To respond to the DHLUC governance review report, in particular the recommendation to set out a clear portfolio of projects with timescales for delivery for FuturePlaces, and to meet the ambitions of the new administration. To exercise appropriate controls on commitments for expenditure on development and to facilitate the Council taking the leading role on delivery of investment and development projects.

The Leader of the Council and Portfolio Holder for Dynamic Places presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

Cabinet was advised that the report makes recommendations following a review of BCP FuturePlaces Ltd’s (FuturePlaces) work programme and business plan to enable BCP Council to deliver financially sustainable investment and development.

Cabinet was informed that the paper had been presented and discussed at the Corporate and Community Overview and Scrutiny Committee the previous week, and that there had been a robust discussion.

Councillors addressed the Cabinet and a question was raised in terms of when the report would be presented for discussion by Full Council. In relation to this Members were advised that recommendations (a-g) were decisions which were delegated to Cabinet to resolve as they fell within the remit of the Cabinet, and that recommendation (h) as set out on the report would require approval by Full Council.

Concerns were raised with regards to the capacity of the team if bringing the service in house, and the need to get the structure and capacity right.

The Chairman of the Corporate and Community Overview and Scrutiny Committee addressed the Cabinet highlighting the comprehensive discussion on this item which had taken place at the recent meeting of the Committee. In relation to this Cabinet was advised that the following recommendations had been made at the meeting.

The Corporate and Community Overview and Scrutiny Committee recommend to Cabinet that:

1)     recommendations a) – g) as outlined in the report be approved by Cabinet;Voting: 9:0 (2 abstentions)

2)     recommendation h), as outlined in the report for recommendation to Council, be deferred by Cabinet, to enable further work to be undertaken on the subject of the future of the civic offices in Poole and Christchurch. This deferral is recommended to enable all councillors to fully understand the options for the civic offices, particularly around leasehold and freehold options, and to address issues around that part of the former Poole Civic Centre known as ‘the vertical slice’, whilst recognising that there is a need to progress this whole issue as quickly as possible.

Voting: Unanimous

Members not on the Cabinet addressed the meeting in support of the recommendations from the Corporate and Community Overview and Scrutiny Committee.

In relation to the recommendation from the Corporate and Community Overview and Scrutiny Committee the Cabinet discussed supporting the potential deferral of the decision relating to the disposal of the former civic offices to enable more time to assess the options relating to the Poole site further.

Members raised the possibility of bringing back the disposal of the civic offices in Christchurch to the November Cabinet meeting with the Poole element coming back in early 2024 to enable more interrogation around the options.

RESOLVED that Cabinet: -

(a)             agreed the outcome of the FuturePlaces business plan projects’ review, as set out in Table 12.1;

(b)            agreed  ...  view the full minutes text for item 34.

In 2020 the Council introduced Microsoft Teams telephony to facilitate agile and flexible working. Whilst this was sufficient for most of the workforce, an additional integrated solution was needed to manage calls in the Contact Centre environment. A Contact Centre solution was introduced, using skills-based routing to direct incoming calls to available agents, and to manage calls waiting in queues. That solution is now nearing a break clause in its contract and so the opportunity has been taken to review the market, identifying newer more reliable CCaaS solutions which also enable the introduction of new customer channels (omnichannel).

Options have been considered, including retaining the status quo as well as stopping using a Contact Centre solution. However, both options have a negative impact on customers.

The original Contact Centre solution was funded by a combination of transformation funding and Covid grants. This report seeks CCaaS funding to be built into base budgets in recognition that a cloud-based solution requires ongoing funding on an annual basis.

RESOLVED that Cabinet: -

(a)             approved the letting of a CCaaS contract; and

(b)            agreed to include in the general fund base revenue budget of the Council, from 2024/25 onwards, the £169,000 annual costs of the CCaaS contract.

Voting: Unanimous

Portfolio Holders: Customer, Communications and Culture

                             Transformation and Resources

Reason

CCaaS is a key element of the BCP Contact Centre and fundamental to managing incoming calls. It will also enable BCP to move towards the delivery of the Customer Target Operating Model through the adoption of an omnichannel environment.

The Portfolio Holder for Customer, Communications and Culture presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book.

Cabinet was advised that in 2020 the Council had introduced Microsoft Teams telephony to facilitate agile and flexible working, and that whilst this was sufficient for most of the workforce, an additional integrated solution was needed to manage calls in the Contact Centre environment.

In relation to this Cabinet was informed that a Contact Centre solution was introduced, using skills-based routing to direct incoming calls to available agents, and to manage calls waiting in queues, and that that solution is now nearing a break clause in its contract and so the opportunity has been taken to review the market, identifying newer more reliable CCaaS solutions which also enable the introduction of new customer channels (omnichannel).

Cabinet was advised that options have been considered, including retaining the status quo as well as stopping using a Contact Centre solution, and that both options would have a negative impact on customers.

Cabinet was informed that the original Contact Centre solution was funded by a combination of transformation funding and Covid grants, and that this report sought CCaaS funding to be built into base budgets in recognition that a cloud-based solution requires ongoing funding on an annual basis.

Members addressed the Cabinet stressing the importance of this system to residents and to enable the council to work more efficiently. Further to this, questions were raised with regards to the inclusion of break clauses and the Portfolio Holder advised that he would confirm this aspect.

RESOLVED that Cabinet: -

(a)             approved the letting of a CCaaS contract; and

(b)            agreed to include in the general fund base revenue budget of the Council, from 2024/25 onwards, the £169,000 annual costs of the CCaaS contract.

Voting: Unanimous

Portfolio Holders: Customer, Communications and Culture

                             Transformation and Resources

Reason

CCaaS is a key element of the BCP Contact Centre and fundamental to managing incoming calls. It will also enable BCP to move towards the delivery of the Customer Target Operating Model through the adoption of an omnichannel environment.

To consider the representations received following the advertisement of the Traffic Order and to approve the making and sealing of the Order. This will enable the implementation of parking restrictions across the Highcliffe Seafront area.

The benefits to road users resulting from the proposed restriction include reducing danger to such road users and facilitating improved passage, particularly for cyclists, pedestrians, and those with mobility issues.

RESOLVED that Cabinet approved the Traffic Regulation Orders as advertised, except for the Stuart Road proposals, to enable the order to be made, sealed and to implement the restrictions which are outlined in this report and appendices.

Voting: Unanimous

Portfolio Holder: Climate Response, Environment and Energy

Reason

To approve the making and sealing of the Orders will enable the implementation of new and amended traffic restrictions on the following roads in Highcliffe: Abingdon Drive, Beacon Drive, Bute Drive, Castle Avenue, Chewton Lodge, Elmwood Way, Jays Court, Lymington Road (service road), Silver Way, Marrayat Court, Mill Lane, Montagu Road, Pine Crescent, Rothesay Drive, Waterford Gardens, Wharncliffe Gardens, Wharncliffe Road, Waterford Place, Waterford Road.

The benefits to road users resulting from the proposed Traffic Order include reducing danger and facilitating improved passage by maintaining visibility at junctions, sharp bends and narrow points.

In particular these proposals will assist cyclists, pedestrians and those with mobility issues or who are visually impaired by keeping junctions clear at all times which in turn will enable the safe use of dropped kerbs and associated tactile paving to safely cross at junctions in the area.

In taking this decision regard has been made to the council’s duty under section 122 of the Road Traffic Regulation Act 1984 which states that local authorities ‘secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians).

Cllr Earl left the meeting @12:08 (before this item was introduced)

The Portfolio Holder for Climate Response, Environment and Energy presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'D' to these Minutes in the Minute Book.

Cabinet were requested to consider the representations received following the advertisement of the Traffic Order and to approve the making and sealing of the Order which would enable the implementation of parking restrictions across the Highcliffe Seafront area.

In relation to this Cabinet was advised that the benefits to road users resulting from the proposed restriction include reducing danger to such road users and facilitating improved passage, particularly for cyclists, pedestrians, and those with mobility issues.

RESOLVED that Cabinet approved the Traffic Regulation Orders as advertised, except for the Stuart Road proposals, to enable the order to be made, sealed and to implement the restrictions which are outlined in this report and appendices.

Voting: Unanimous

Portfolio Holder: Climate Response, Environment and Energy

Reason

To approve the making and sealing of the Orders will enable the implementation of new and amended traffic restrictions on the following roads in Highcliffe: Abingdon Drive, Beacon Drive, Bute Drive, Castle Avenue, Chewton Lodge, Elmwood Way, Jays Court, Lymington Road (service road), Silver Way, Marrayat Court, Mill Lane, Montagu Road, Pine Crescent, Rothesay Drive, Waterford Gardens, Wharncliffe Gardens, Wharncliffe Road, Waterford Place, Waterford Road.

The benefits to road users resulting from the proposed Traffic Order include reducing danger and facilitating improved passage by maintaining visibility at junctions, sharp bends and narrow points.

In particular these proposals will assist cyclists, pedestrians and those with mobility issues or who are visually impaired by keeping junctions clear at all times which in turn will enable the safe use of dropped kerbs and associated tactile paving to safely cross at junctions in the area.

In taking this decision regard has been made to the council’s duty under section 122 of the Road Traffic Regulation Act 1984 which states that local authorities ‘secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians).

A Written Statement of Action is in place to respond to the Local Area Special Educational Needs and Disabilities (SEND) Inspection that took place in June 2021. An improvement programme to deliver this is in train and reports to the SEND Improvement Board. The SEND Inspection identified eight areas of significant weakness which need to be addressed. This resulted in a set of actions being put into the Written State of Action to address the weaknesses. 

Improvement activity is underway, and progress is being made in several areas, however in the key area of statutory performance the service performance has decreased, and this data places BCP Council as the 5^th lowest performing authority in the country, in terms of adhering to the statutory 20-week timescale for Education, Health and Care Needs Assessments and Plans.

This business case puts forward the reason for the poor performance and the actions being taken to mitigate this. It also includes a proposal for urgent investment in the SEND Service on a short-term basis to manage the backlog so that the service can meet its statutory duties going forward. The concerns about this performance and the action plan have been raised at the SEND Improvement Board as have the capacity issues to manage the backlog and the increased demands. 

RESOLVED that Cabinet approved £784k one-off investment in the Children’s Services SEND Service to manage the backlog funded from a specific Earmarked Reserve.

Voting: Unanimous

Portfolio Holder: Children and Young People

(Councillor Vikki Slade declared an interest in this item and refrained from voting thereon)

Reason

Failure to act will result in children and young people continuing to not receive the support they are entitled to and risks further escalation by the DfE. 

The Portfolio Holder for Children and Young People presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'E' to these Minutes in the Minute Book.

Cabinet was advised that a Written Statement of Action is in place to respond to the Local Area Special Educational Needs and Disabilities (SEND) Inspection that took place in June 2021, and that in relation to this an improvement programme to deliver this is in train and reports to the SEND Improvement Board. 

Further to this Cabinet was advised that the SEND Inspection identified eight areas of significant weakness which need to be addressed which had resulted in a set of actions being put into the Written State of Action to address the weaknesses. 

Cabinet was informed that improvement activity is underway, and progress is being made in several areas, however in the key area of statutory performance the service performance has decreased, and this data places BCP Council as the 5^th lowest performing authority in the country, in terms of adhering to the statutory 20-week timescale for Education, Health and Care Needs Assessments and Plans.

In relation to this Cabinet was advised that this business case puts forward the reason for the poor performance and the actions being taken to mitigate this, and that it also includes a proposal for urgent investment in the SEND Service on a short-term basis to manage the backlog so that the service can meet its statutory duties going forward.

Cabinet was advised that the concerns about this performance and the action plan have been raised at the SEND Improvement Board as have the capacity issues to manage the backlog and the increased demands. 

Members spoke in support of the recommendations, stressing the importance of robust governance and of the importance of this one-off investment.

RESOLVED that Cabinet approved £784k one-off investment in the Children’s Services SEND Service to manage the backlog funded from a specific Earmarked Reserve.

Voting: Nem.Con (1 abstention)

Portfolio Holder: Children and Young People

(Councillor Vikki Slade declared an interest in this item and refrained from voting thereon)

Reason

Failure to act will result in children and young people continuing to not receive the support they are entitled to and risks further escalation by the DfE. 

Councillor Vikki Slade declared an interest in this item and refrained from participating in the vote.

The Chief Executive to report on any decisions taken under urgency provisions in accordance with the Constitution.

Cabinet was advised that there had been no urgent decisions taken in accordance with the Constitution since the last meeting of the Cabinet.

To consider the latest version of the Cabinet Forward Plan for approval.

The Leader advised that the latest Cabinet Forward Plan had been published on the Council’s website.