To receive declarations of personal and prejudicial interest (if any) from Members/Officers in accordance with the provisions of the Members’ Code of Conduct adopted by Council from 1 September 2008.

None.

To receive for approval the Minutes of Cabinet of 12/2/19 and 19/2/19

RESOLVED:    That the Minutes of the meeting of Cabinet of 12 and 19 February 2019 be approved as a true and accurate record.

The Regeneration Funding and Regional Engagement Team Leader presented the report of the Interim Chief Executive on the potential impact of Brexit and on preparations being undertaken within the Council and to help inform future Council decision making.

She reported that following the majority vote to leave in theUnited Kingdom European Union membership referendum on 23 June 2016, the UK government has been working towards departure from the European Union (EU) on 29 March 2019.  She stated that the Withdrawal Act 2018 which is now law provided for all EU law to be brought into UK law to ensure that there was legal certainty for businesses and residents.  The UK Government has sought to secure a deal (the Withdrawal Agreement) with the EU that covers its forward relationship, level of participation with the EU’s Single Market and Customs Union.  She stated there was currently no deal in place and therefore little clarity existed on the exact impact this will have on the Council and wider Bridgend County Borough. 

The Regeneration Funding and Regional Engagement Team Leader informed Cabinet that the Government would be making a request to Parliament for an extension to Article 50.  However at the present time, the default position remained that the UK will leave the EU on 29 March 2019. 

The Regeneration Funding and Regional Engagement Team Leader reported that the Council has established an internal cross-directorate Brexit Forum, chaired by the interim Chief Executive.  The remit of the Forum is to explore the potential impact of Brexit on service delivery along with actions to mitigate against risks and will also explore any potential opportunities that might arise from Brexit.  She stated that a risk assessment has been developed, with its content informed by service area leads working within the Forum.  It also drew on collaborative work with both local authorities across Wales and other key partners.  She stated that the risk assessment is very much a live document, and provides a snapshot of work at a specific time.  The assessment continues to be further developed and is reviewed formally at each meeting of the Brexit Forum.  She also informed Cabinet that a Brexit Preparedness Toolkit, produced by the WLGA in partnership with Grant Thornton, as part of their Brexit Transition Support Programme, has proven a useful aid in the work to understand the potential risks and opportunities that Brexit posed.

The Regeneration Funding and Regional Engagement Team Leader reported that some of the text in Risk 33 had not been produced and for completeness the following wording was added “provide opportunity to negotiate pricing, and not frustrate the contract.    

Treat -  As no WTO tariffs have been agreed, its estimated that food pricing will increase - minimum of 20% increase to the food budget is being suggested should be provided for."

The Cabinet Member Education and Regeneration thanked officers for the work undertaken in putting the risk assessment together.  He stated that it was the Cabinet’s position that the UK and County Borough  ...  view the full minutes text for item 330.

The Head of Operations – Community Services sought approval to award a contract for interim management arrangements and consultancy support  for  the Corporate Landlord Service within the Communities Directorate; to suspend the relevant parts of the Council’s Contract Procedure Rules in respect of the requirement to re-tender the current contracts that have been procured for these services and authorise the Interim Chief Executive to enter into contracts with the existing provider for a further period of eighteen months under revised terms.

He reported that that Peopletoo Limited have been working with the Council over the last 18 months to transform Built Environment services, and help the Council move towards an integrated Corporate Landlord service, achieving measurable improvements of approximately £500k per annum.   Quality improvements have been made across the board, including a noticeable improvement on asset compliance and customer satisfaction.  He stated the Council is able to demonstrate a strong return on investment since Peopletoo were originally commissioned on a consultancy basis through a competitive procurement process.  Additionally, the Council has also separately procured Peopletoo through a competitive procurement process to provide an Interim Manager for the Corporate Landlord service for the last 14 months. 

The Head of Operations – Community Services reported that the Council has attempted on three separate occasions to appoint a permanent replacement for the Interim Manager but has been unable to make an appointment of someone of the right calibre and senior manager leadership skills.  The contract period for the consultancy service from Peopletoo has now ended and the contract for the Interim Management position is also due to have been concluded, but without identifying a viable alternative solution there is a serious risk of leaving the Corporate Landlord service without senior leadership at a time when there remain many financial and operational challenges.  There was therefore a risk that the loss of continuity of senior management support in the Corporate Landlord service may prevent the delivery of further savings identified in the Medium Term Financial Strategy.  The service may even take a step backwards and undo some of the positive change made over the last eighteen months.

The Head of Operations – Community Services reported on a proposal to appoint Peopletoo for up to a further eighteen month period to manage  implementation and take accountability for the delivery of these new initiatives, working closely with existing teams, to secure the financial and performance outcomes required, in addition to taking over direct management for the service area for this period, through the provision of an Interim Manager and any other support required, essentially a fixed term management service solution.  At the end of this period the Council will receive a stable, strong service and have delivered the additional significant savings.  An important part of the new commission would be that a full time permanent Corporate Landlord Manager is appointed before the end of the Peopletoo commission to ensure a smooth transition period.  He stated that the total cost payable to Peopletoo for the proposed new  ...  view the full minutes text for item 331.

The Head of Performance and Partnership Services sought approval to formally withdraw from the Western Bay Regional Collaborative Committee; to formally join the Cwm Taf Regional Collaborative Committee and to nominate and appoint a Cabinet Member to the Cwm Taf Regional Collaborative Committee.

He reported that Welsh Government Supporting People Programme Grant (SPPG) Guidance requires each Local Authority to be a member of and participate in a Regional Collaborative Committee (RCC).  Each RCC is required to meet a minimum of four times per year with there being 6 RCC’s across Wales. 

He also reported that a member of the Supporting People Team and the Cabinet Member Wellbeing and Future Generations currently represent the authority on the Western Bay RCC.  As responsibility for providing health care services for this area will transfer to the Cwm Taf University Health Board from 1 April 2019, it was proposed that in line with the Health Board boundary change that this Council transition from the Western Bay RCC to Cwm Taf RCC.  Approval was required to formally serve notice to leave the Western Bay RCC from 1 April 2019 in line with the Health Board boundary change.  Approval was also sought to appoint a Cabinet Member to attend and participate in the Cwm Taf RCC, with the appointment being attached to the role and not to the individual Member.

RESOLVED:           That Cabinet:

•            Approved the Authority’s withdrawal from the Western Bay Regional Collaborative Committee and granted approval to formally join the Cwm Taf Regional Collaborative Committee in line with the Health Board boundary change;

•            Nominated and appointed the Cabinet Member Wellbeing and Future Generations to the Cwm Taf Regional Collaborative Committee.          

The Corporate Director Social Services and Wellbeing reported on progress in the implementation of the business case to deliver integrated intermediate care services at an optimal scale and sought approval to enter into a renewal agreement for the provision of adult and older people (intermediate care) services between with Abertawe Bro Morgannwg University NHS Trust (ABMU HB) for 2018/2019.  She also sought delegate authority in consultation with the Section 151 Officer and Head of Legal and Regulatory Services, to negotiate and enter into a formal partnership agreement for the provision of adult and older people (intermediate care) services between Bridgend County Borough Council and Cwm Taf University Health Board (Cwm Taf HB) following the health board boundary change in April 2019.

The Corporate Director Social Services and Wellbeing informed Cabinet that as a consequence of the business case, investment was made in an optimal intermediate care service model, which comprised 3 elements, Common Access Point; Rapid Response and Reablement.  She stated that the business case attracted an investment through the Intermediate Care Fund.  In its commitment to the Business Case, Cabinet endorsed a recommendation to ‘approve in principle the establishment of an arrangement to pool resources with partners in the Western Bay Programme, subject to formal agreement in accordance with Section 33 of the National Health Service (Wales) Act 2006 by April 2015’. 

The Corporate Director Social Services and Wellbeing reported that in approving the Business Case for Intermediate Tier Services there was approval to establish a formal pooled fund in accordance with Section 33 of the National Health Service (Wales) Act 2006.  That agreement took effect from 1 October 2015 and expired on the 31 March 2018.  The parties continued to provide the service under the governance of the Joint Partnership Board as if the provisions of the original Section 33 Agreement were still in force while the parties agreed the terms of the revised agreement.  Agreement has now been reached with ABMU HB on the terms of the renewed Section 33 Agreement, to take effect from 1 April 2018 up to the health boundary change on 1 April 2019. 

The Corporate Director Social Services and Wellbeing informed Cabinet that during the transition arrangements for the health board boundary change, Cwm Taf HB had signalled a commitment to work in partnership to deliver intermediate care services for Adult and Older People’s Services.  Negotiations are underway with the aim of entering into a formal partnership agreement to take effect from 1 April 2019.  These integrated services are intended to form part of the revised partnership agreement Cwm Taf HB.

RESOLVED:           That Cabinet:   

  • Approved entering into a renewal Section 33 of the National Health Service (Wales) Act 2006 Agreement with ABMU HB for the provision of adult and older people (intermediate care) services for 2018/2019; and

•            Delegated authority to the Corporate Director for Social Services and Wellbeing, in consultation with the Section 151 Officer and Head of Legal and Regulatory Services, to negotiate and enter into a formal agreement  ...  view the full minutes text for item 333.

The Corporate Director Social Services and Wellbeing reported on an update on the current situation on the Health Board boundary change in April 2019.

The Corporate Director Social Services and Wellbeing informed Cabinet that whilst the disruption to general services may not be as significant as that experienced by the Health Boards, the boundary changes impact on a number of the Council’s services.  Due to the need to protect Bridgend services during this potentially disruptive time and to secure continuity in the Cwm Taf Morgannwg region after 1 April 2019, a structured approach has been taken to the disaggregation of regional services which has required close working with a range of partners to ensure that where regional funding supports integrated services, such services are accounted for between Western Bay, ABMU Health Board and the Council. 

The Corporate Director Social Services and Wellbeing informed Cabinet that in order to plan for the changes in regional boundaries, a Transition Programme has been established comprising officers from the two Health Boards, the Council and the Third Sector.  She highlighted the governance structure for the new partnership arrangements to be effective from 1 April 2019.  She stated that a set of principles were agreed by partners at the onset to underpin the work of the Transition Programme and form the basis by which all partners would hold themselves and each other to account for delivery of the required changes.  The principles were set in the context of a commitment to maximise the opportunity to improve the health and wellbeing of the population served by the organisations. 

The Corporate Director Social Services and Wellbeing also reported that all joint funding arrangements between BCBC and ABMU have been identified and it was estimated that BCBC currently receives more than £5m from ABMU in relation to these arrangements.  It has been agreed in principle that any jointly funded financial arrangements will not be adversely affected by the planned boundary changes and transitional plans.  The Council will continue to have joint funding arrangements in place with both Swansea Bay and Cwm Taf Morgannwg regions after the health boundary changes take effect.  The Corporate Director Social Services and Wellbeing informed Cabinet that Integrated Care Funding and Substance Misuse Action Funding have been disaggregated to separate out the Bridgend locality apportionment which would then go to the Cwm Taf Morgannwg region in time for the new financial year 2019/20 and agreement had been sought from the two Regional Partnership Boards.  The Welsh Government had made available an additional £30m of ICF revenue funding made available across Wales, of which Bridgend will receive an estimated £1.3m.  Capital funding of £1.5m in 2019/20 and £11.8m in 2020/21 had been identified for the Bridgend locality. 

The Corporate Director Social Services and Wellbeing reported that it was envisaged there would not be any adverse financial implications on the two polled fund arrangements due to the boundary change.  She highlighted the services in scope to be transferred to the new region on 1 April 2019.  ...  view the full minutes text for item 334.

The Corporate Director Social Services and Wellbeing sought approval of a Policy on University Support Packages for care leavers. 

She stated that the policy which had been developed outlined the arrangements to deliver the approach on the option approved by Cabinet at its meeting on 18 September 2018, whereby care leavers would be supported to apply for loans and grants to pay for their tuition fees.  Children’s social care would provide the student with a weekly allowance and a bursary in addition to the grants they are entitled to access.  The Corporate Director Social Services and Wellbeing reported that young people who are already in University continue to receive support as per the current arrangements.   She stated that the Authority pays weekly incentive for 40 weeks (e.g. £25 per week); student will receive a tuition fee of £9,000 from Tuition Fee Loan and the student funds accommodation and maintenance costs from Living Costs Grant.  Discretionary payments will also be considered.  The student will benefit from the weekly incentive payment in addition to the loans and grants available to them.  The Bursary (one third of £2,000) will be provided at the completion of each academic year to support the student over summer vacation from university.

The Cabinet Member Education and Regeneration in commending the policy stated that he was heartened by the support given to the policy by the Cabinet Committee Corporate Parenting.  The Leader was also heartened at the number of care leavers attending higher education, one of which had enrolled on a Masters course.

RESOLVED:           That Cabinet:  

·        approved the University Support Packages for Care Leavers Policy

noted that the financial impact should be reviewed in 12 months’ time and the findings taken back to the Cabinet Committee Corporate parenting for comment.

The Corporate Director Social Services and Wellbeing sought approval to disaggregate the Youth Offending Services (YOS) for Bridgend from the Western Bay Youth Justice and Early Intervention Service (WBYJEIS) collaboration.

The Corporate Director Social Services and Wellbeing reported that youth offending services/teams are a statutory multi-agency partnership that have a legal duty to co-operate in order to secure youth justice services appropriate to their area and are funded from a variety of sources including UK Government, Welsh Government and statutory partners.  She stated that Bridgend, Neath Port Talbot and Swansea Youth Offending Teams have been in a voluntary, collaborative service since 2014 with all activity of the Youth Offending Services across the Western Bay region overseen and monitored by the WBYJEIS Management Board. 

The Corporate Director Social Services and Wellbeing reported that due to health board boundary change which will take effect from 1 April 2019, it was agreed by all partners within the WBYJEIS Management Board that now would be the opportune time to end the collaboration.  Officers have contacted the Welsh Government requesting that the Promoting Positive Engagement grant is distributed to each local authority, with conformation of this approach awaited.  Should the disaggregation be approved, the service will revert to working as a single service, although discussions have begun with Cwm Taf YOS, with opportunities to collaborate across the boundary on specific projects.

RESOLVED:           That Cabinet:

1)      approved the disaggregation of Bridgend Youth Offending service from WBYJEIS by March 2019 as set out in section 4 of the Report; and

delegated authority to the Corporate Director (Education and Family Support) to agree the terms of and enter into a SLA with Swansea and Neath Port Talbot regarding the PPE grant for one transition year if Welsh Government were unable to split the grant for 2019-2020 in conjunction with the Head of Legal and Regulatory Services.       

The Group Manager (Business Strategy and Performance) sought approval to undertake a procurement exercise to invite tenders to bid for contracts for multiple home-to-school bus services for a term of 5 years with the option to extend by 2 further periods of 1 year, with the indicative total value for the full term being £17.9m.

The Group Manager (Business Strategy and Performance) reported that the current large bus contracts for home-to-school transport will expire in July 2019.  He stated that in order to ensure the local authority is meeting its responsibilities under the Public Contracts Regulations 2015, the Council's Contract Procedure Rules and to seek value for money, consent was sought to initiate a new procurement exercise to compete and award large bus contracts.  This will comprise 79 separate routes utilising an open competition method, conducted by the Corporate Procurement Team.  He stated that awarding contracts for a term of 5 years with the option to extend for a further two periods of one year was aimed at encouraging investment, strengthen existing contractual arrangements and potentially open up the market to new suppliers.  He informed Cabinet that under the Council’s Contract Procedure Rules, any decision to procure services with an estimated value exceeding £5m is a Cabinet function.

The Deputy Leader requested clarification at which stage the Council is in relation to the review of school transport and also the ability to terminate a contract.  The Group Manager (Business Strategy and Performance) informed Cabinet that the Council is able to withdraw a school contract giving 1 months’ notice, if the route subsequently a safe route to school and learners become ineligible to receive school transport.  He stated that the strategic review of school transport had been delayed due to Band B of the School Modernisation Programme and potentially some existing routes could be withdrawn.  He also informed Cabinet that it was difficult to bundle school routes as schools have different start and finish times, although officers would do so when smaller vehicles were used. 

The Cabinet Member Wellbeing and Future Generations questioned whether the strategic review of school transport would look at the feasibility of using the Council’s fleet of vehicles for home to school transport.  The Group Manager (Business Strategy and Performance) commented that Social Services has a requirement to use the fleet of vehicles throughout the day, although some schools do use the Council’s fleet.  He also informed Cabinet that there is potential to use double decker vehicles which would be looked at on a case by case basis, however many operators do not possess those vehicles.  It may be more economical to use double decker buses.  He also informed Cabinet that communication will take place with current contractors.  The Leader asked that the potential providers of school transport are informed of the review and the possibility of changes to the contract as a result.     

RESOLVED:           That Cabinet:

·     authorised the invitation of tenders as set out in the report

·     noted that a review of school transport is taking  ...  view the full minutes text for item 337.

The Interim Head of Finance and Section 151 Officer sought approval to discontinue with the decision of Cabinet of 18 December 2018 in respect of pursuing Option 2 for the financial delivery of Band B of the School Modernisation Programme.  She apprised Cabinet of the change to the Welsh Government grant intervention rate for the Mutual Investment Model (MIM); sought approval to pursue Option 3 for the financial delivery of Band B of the School Modernisation Programme, prior to submission to Council and for the Council’s participation in the MIM procurement process.  

She reported that school modernisation has been established as one of the Council’s main strategic programmes.  He informed Cabinet of the background to the school.  In 2010, Cabinet approved the recommended schemes included in each of the four bands of the School Modernisation Programme (A-D), which were subsequently detailed in the 21^st Century Schools Strategic Outline Programme (SOP).  Cabinet in July 2017 discontinued the original Band B schemes identified in November 2010 and approved a revised list, based on the increasing demand for places, the requirement to promote the Welsh language and building condition.  In order to prepare for Band C of the programme, Cabinet also gave approval to undertake area reviews and options appraisal work during the Band B period.  In January 2017, approval in principle was received from the Welsh Government for the second wave of investment of £68.2m.  In January 2018, Council approved in principle the financial commitment required for Band B.  The Welsh Government MIM intervention rate at that time was 75%, paid to the authority in the form of a revenue grant.  Cabinet was advised in November 2018 of the Welsh Government’s review of the Mutual Investment Model.  

The Interim Head of Finance and Section 151 Officer reported that the Welsh Government had announced a change to the capital grant intervention rate where its contribution for Band B has increased to 75% for special school and pupil referral units and 65% for all other schemes.  The Mutual Investment Model intervention rate would remain at 75%.  In December 2018, Cabinet abandoned the decision made in November 2018 and gave approval to pursue an option whereby all schools within band B would be funded via capital grant, subject to sufficient resources being identified and allocated to meet the match funding commitment. 

The Interim Head of Finance and Section 151 Officer reported that in February 2019, the Welsh Government had made a change to the intervention rate for Band B MIM schemes, the revised model benefitting from a 6% increase on the intervention rate from 75% to 81%.  Due to the change in rate, officers had re-worked the figures and in progressing Band B MIM, there is a requirement for the Welsh Government to formalise the procurement of the PSDP which local authorities had been requested to confirm their commitment.  She stated that the Welsh Government had requested that consideration be given to the following options:

Option1 – Initial Programme Participants

Option 2 – Potential  ...  view the full minutes text for item 338.

The Head of Performance and Partnership Services Seek approval to continue service delivery based around contract arrangements currently in place for the delivery of Welsh Government funded contract arrangements for Families First for a period of 3 months from 1 April 2019 to 30 June 2019.  He also sought to suspend that part of the Council’s Contract Procedure Rules in respect of the proposed Contracts listed in Appendix 1 of the report in relation to the requirements as to retendering these Contracts and sought authority to enter into short term contracts with the current providers.

He reported that the existing extended contracts in relation to the Families First programme will end on 31 March 2019 and the Council would have expected at this time to re-tender for replacement services.  He stated that whilst a re-tender exercise is essential, the present transition in funding arrangements was a barrier to carrying out the required commissioning exercise at this time.  He informed Cabinet that the Welsh Government had requested submission of new delivery plans in early February, which would not allow sufficient time to re-tender services from 1 April 2019 and it would be necessary to enter into new short term contracts which would require the suspension of Contract Procedure Rules and to award contracts based on current contract arrangements on a 3 month interim basis.      

RESOLVED:           That Cabinet:

a.   suspended the relevant parts of the Council’s CPR’s in respect of the requirement as to re-tendering of the proposed contracts listed in Appendix 1 of the report;

b. authorised the Head of Performance and Partnership Services to enter into short-term contracts of 3-months with the current providers in respect of the Contracts listed in Appendix 1 of the report.

The Head of Legal and Regulatory Services reported on the following information reports which had been published since the last meeting of Cabinet:

Ombudsman Annual Letter 2017-18

Monitoring Report – Complaints, Freedom of Information and Data Protection

RESOLVED:            That Cabinet acknowledged the publication of the documents listed in the report.

To consider any items of business that by reason of special circumstances the chairperson is of the opinion should be considered at the meeting as a matter of urgency in accordance with paragraph 2.4 (e) of the Cabinet Procedure Rules within the Constitution.

There were no urgent items.

The following item is not for publication as it contains exempt information as defined in Paragraph 14 of Part 4 and Paragraph 21 of Part 5, Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007.

RESOLVED:           That under Section 100A (4) of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007, the public be excluded from the meeting during consideration of the following item of business as it contains exempt information as defined in Paragraph 14 of Part 4 and Paragraph 21 of Part 5 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007.

                                Following the application of the public interest test in consideration of this item, it was resolved that pursuant to the Act referred to above, it be considered in private, with the public being excluded from the meeting as it would involve the disclosure of exempt information of the nature as stated above.

To receive for approval the exempt minutes of 19/02/2019

RESOLVED:              That the exempt minutes of the meeting of Cabinet of 19      February 2019 be accepted as a true and accurate record.