Agenda and minutes

Councillors Jo Barker, Richard Baxter-Payne, Sarah Boad, Barbara Brown, Jeff Clarke, Jackie D'Arcy, Jenny Fradgley, Peter Gilbert, Penny-Anne O’Donnell, Caroline Phillips, and Andy Wright

Councillors Bill Gifford, John Holland, and Sarah Millar all declared a non-pecuniary interest in items 5 and 6, which they considered may lead to discussion on resident parking zones and visitor permits since each of them lived in an such an area.

The minutes of the meeting of Council held on 25 July 2023 were agreed as a true record subject to the amendment of the word “trap” to “track” in the eighth paragraph of item 3 (Addition of Lias Line Improvement Scheme to Capital Programme) so that it reads “Councillor Christopher Kettle spoke as the local division member to ask officers to ensure the track used by the equestrian community as an offroad facility was enabled to be continued.”

(a)      Death of Former Councillor Philip Morris-Jones

The Chair regretted to announce the death in June 2023 of former Councillor Philip Morris-Jones, who had served as a Conservative Member for the Fosse Division from 1989 to 2013.

Councillor Isobel Seccombe noted that she had served alongside Philip for a long time and recollected that he was a very dedicated local councillor, committed to his community and the parishes he represented in the Chamber.  He had also been Chairman of the County Council. An engineer by trade, he ran a business in Coventry and, during his tenure, his views and thoughts on behalf of the business community had been valued.  Councillor Seccombe reflected on his funeral service and extended her thoughts to his family.

Councillor Adrian Warwick noted his honour and privilege to represent the Fosse division after Philip who had set a very high bar, taking his public office and duty seriously.  He had worked tirelessly for the community and there was rarely a meeting he had not attended.  He was deeply missed and sympathies were extended to his family.

Councillor Jerry Roodhouse noted that Philip had been very passionate about his community whom he had served extremely well.  Councillor Roodhouse stated that he had been fortunate to know him from his industrial work and he would be missed.  Sympathies were extended to the family.

Councillor Sarah Feeney had got to know Philip towards the end of his life and she recognised him as a deeply committed Christian who did what he saw as the right thing to do for his community.  After serving at the County Council, he had joined the local Parish Council and he took his duties there very seriously.  She knew his wife, Joanna, deeply missed him and would be heartened by the kind words shared in this meeting. 

(b)      Death of Former Councillor Raj Randev

The Chairman stated that it was his sad duty to inform Council of the recent passing of former County Councillor Raj Randev.  Raj, from the Labour group, served as a Warwickshire County Councillor for Warwick West between 2001 and 2009.  Raj served as Portfolio Holder for Adult Services.  Condolences were extended to his family and friends.

Councillor John Holland had known Raj well and remarked on his ability to work with others and tackle problems.  He noted a number of projects that he had worked on and his endeavours as Portfolio Holder for Adult Services.  He achieved a great deal in his eight years’ service. 

Councillor Jerry Roodhouse considered he had been fortunate to work with Raj.

Councillor Isobel Seccombe noted that Raj was a gentle person and she recalled his efforts to serve his community and his endeavours as portfolio holder. 

Council stood for a minute’s silence in memory of former Councillors Philip Morris-Jones and Raj Randev.

(b)      Retirement of Kushal Birla

The Chairman announced that Kushal Birla, Director of Business and Customer Services would leave the Council at the end of September after a distinguished career of public  ...  view the full minutes text for item 1(4)

To note any requests to speak on any item on the agenda in accordance with the Council’s Public Speaking Scheme (see note at end of the agenda).

None.

Councillor Sue Markham introduced the report and moved the recommendation. In doing so she stated that the submission of the Plan was an annual statutory requirement which also set out the vision for the delivery of services by the Warwickshire Youth Justice Partnership over the coming year.   In relation to performance, Councillor Markham highlighted that the report set out a reduction in first time entrants and re-offending rates for children in Warwickshire – rates which were below the national average and those of local comparative authorities – and a significant improvement in NEETS.  The Plan set out the focus on delivering early intervention to support continued reduction in the numbers of youths coming through the criminal justice system and set out four key priorities to achieve this:

•        Prevention of Serious Youth Violence

•        Prevention of and improved intervention for children who present with harmful sexualised behaviours.

•        Embedding the ARC Trauma Informed Model and improving the interventions offer for children

•        Focusing on Core Good Practice – including reviewing all policies, procedures and agreements

The recommendation was seconded by Councillor Andy Crump.

Debate

Councillor Sarah Feeney welcomed the report and the work of officers delivering the service.  However, she considered that more information regarding neurodiversity could be included and provided statistics from the 2017 ‘Neurodevelopmental disorders in prison inmates‘ study which indicated that 9% of prison inmates met the criteria for autism, 25% met the ADHD diagnostic, and 9% met the screening criteria for learning difficulties.   She went on to quote from a subsequent report written by the Chief Inspector of Prisons which suggested that it was possible that half of people entering prison could “be expected to have some form of neurodivergent condition which impacts their ability to engage.”  In light of this, Councillor Feeney questioned what work could be done through early intervention to provide a focus on neurodiversity.

Councillor Bill Gifford also welcomed the report, and particularly noted the section regarding the Voice of the Child and the work that had been done to increase volunteer panel members with regard to restorative justice.  He looked forward to improvements in the process to report on monitoring contact with victims of crime.

Councillor Jonathan Chilvers noted that reoffending figures were showing a downward trend but that this was based on data from March 2021.  Like Councillor Gifford, he noted that restorative justice underpinned the service and expressed concern that the volunteer aspect had been in decline.  He too welcomed the increase in volunteers and sought Councillor Markham’s view on how well the recovery was taking place.

Councillor Jerry Roodhouse welcomed the report and thanked officers and partners for their work.  In relation to paragraph 13 of the report, which noted the challenge of increasing serious crime, Councillor Roodhouse acknowledged that serious violence and knife crime did appear to be on the increase and he noted the challenges that tackling this would present to the service and, in his view, it was therefore important that the information and data  ...  view the full minutes text for item 2.

Councillor Yousef Dahmash introduced this report and moved the recommendation for the appointment of David Vazquez to the Board.

Councillor Ian Shenton seconded the recommendation.

Councillor Sarah Millar welcomed the robust recruitment process and expressed delight at the diverse membership of the Board.

Councillor Ian Shenton explained that the Board was a key part of the pensions governance process, which provided an interesting and challenging role for Members.  He welcomed Mr Vazquez applying to join the Board at this critical time and gave his support to the appointment.

Councillor Yousef Dahmash noted that Board Members were appointed on merit.

Vote

A vote was held. The recommendation was agreed unanimously.

Resolved

That Council approves the appointment of Mr David Vazquez, as a Scheme member representative on the Warwickshire Fire and Rescue Local Pension Board of the Firefighters’ Pension Scheme.

Councillor Isobel Seccombe introduced this report and explained that changes to the structure were proposed in order to increase capacity to cope with demands from central government.  Attention was drawn to proposals around the statutory directorships and the constitutional changes that would be required as a result of the proposals around the delegations to those roles.

Councillor Peter Butlin seconded the recommendation.

Debate

Councillor Sarah Millar considered that the proposals were sensible and, noting the cost neutrality of the temporary provision, asked what the financial implications would be after 2025.   Councillor Sarah Feeney also asked how the costs would be absorbed if internal recruitment was not possible and queried whether trade unions had been consulted.

Councillor Jerry Roodhouse supported the proposals in order to support the magnitude of work coming through the system.

Councillor Butlin welcomed support of the recommendations.

Councillor Seccombe advised that the changes were in the form of a two year proposal to be taken forward on an internal recruitment basis.  She was confident that this would bear fruit as there were some very high calibre officers in the organisation.  Councillors would be kept informed if the approach needed to change.  She considered that the proposals were reflective of steps being taken by other councils which would help the Council to deal with the challenges being presented in this field.

Vote

A vote was held. The recommendation was agreed unanimously.

Resolved

That Council:

1.     Approves the separation of the functions of the Executive Director for People and the reconfiguration into two Executive Director roles as set out at section 5 and Appendix 1b to the report and supports the Directorate level changes made to the Council’s Directorate structures at Appendix 1a to the report.

2.     Approves the appointment of the statutory officers of Director of Children’s Services (DCS) and Director of Adult Social Services (DASS) as set out at paragraph 5.8.1 of the report.

3.     Approves the minor modifications to the Constitution, including officer delegations, to reflect the changes made to the Council’s organisational structure.

4.     Approves an amendment to Part 2(9) of the Constitution as set out at paragraph 5.8.2 of the report to change the membership of the Health and Wellbeing Board to include the appointed statutory officers of the Director of Children’s Services (DCS) and the Director of Adult Social Services (DASS) from time to time.

5.     Approves an amendment to Part A of Part 2(10) of the Constitution to increase the level of ex gratia payments to complainants that Executive Directors and Directors have authority to approve from £1,000 up to and including £2,000.

6.     Approves an amendment to Part 4(5) of the Constitution to replace the Officers’ Code of Conduct with an updated version as at Appendix 2 to the report and authorises the Executive Director for Resources to make such minor consequential modifications to reflect HR best practice and guidance.

7.     Approves an amendment to Part 1(9) (Finance, Contracts and Legal Matters) and Part 2(10) (Delegations to Officers) to clarify the  ...  view the full minutes text for item 4.

To consider the following motion submitted by members in accordance with Standing Order 5:

(1)      Digital Divide

           This Council notes that there is an ever-increasing use and reliance for services including payment by the use of smart phones, Apps and other digital devices as well as the increase in the use of artificial intelligence and communication tools such as chat functions within websites.

Whilst it is recognised that the use of technology has brought benefits to sectors of the community, it has also driven a growing digital divide.

In recognition of this divide Council requests that the Chief Executive and Leader:

1.              Ensure that implementation of this Council’s digital by design policy does not exacerbate the digital divide and that services are accessible to residents of all ages.   

2.              Ensure that the Council's strategic policies are reviewed against best practice to ensure they meet the requirements of the Equality Act 2010;  

3.              Ask the Resources and Fire and Rescue Service Overview and Scrutiny Committee to consider this issue and bring forward any recommendations to Cabinet as to what improvements can be made in relation to accessibility of services;  

4.              Support Warwickshire County Council’s ongoing work with The Good Things Foundation in tackling the digital divide.

           Proposer: Councillor Jerry Roodhouse

           Seconder: Councillor Sarah Feeney

Digital Divide

Councillor Jerry Roodhouse moved the following motion, which was seconded by Councillor Sarah Feeney:

This Council notes that there is an ever-increasing use and reliance for services including payment by the use of smart phones, Apps and other digital devices as well as the increase in the use of artificial intelligence and communication tools such as chat functions within websites.

Whilst it is recognised that the use of technology has brought benefits to sectors of the community, it has also driven a growing digital divide.

In recognition of this divide Council requests that the Chief Executive and Leader:

1.               Ensure that implementation of this Council’s digital by design policy does not exacerbate the digital divide and that services are accessible to residents of all ages.  

2.               Ensure that the Council's strategic policies are reviewed against best practice to ensure they meet the requirements of the Equality Act 2010; 

3.               Ask the Resources and Fire and Rescue Service Overview and Scrutiny Committee to consider this issue and bring forward any recommendations to Cabinet as to what improvements can be made in relation to accessibility of services; 

4.               Support Warwickshire County Council’s ongoing work with The Good Things Foundation in tackling the digital divide.

Amendment

Councillor Yousef Dahmash proposed a friendly amendment which was seconded by Councillor Tim Sinclair (deletions shown as strike through, additions shown bold and underlined)

This Council notes that there is an ever-increasing use and reliance for services including payment by the use of smart phones, Apps and other digital devices as well as the increase in the use of artificial intelligence and communication tools such as chat functions within websites.

Whilst it is recognised that the use of technology has brought benefits to sectors of the community, it has also driven a growing digital divide.

We therefore welcome that this Council does not subscribe to a digital by default policy, and instead employs a more flexible, customer focused approach to enable access to Council services. As such, we further welcome this Council’s continued commitment to ensure that no resident is forced to go digital if they either do not wish to or are unable to do so.

In recognition of this divide the Council’s commitment to ensuring that no resident is digitally excluded within the County, this Council commits to:

1.     Continuing to eensure, through the thatimplementation of this Council’s digital by design policy choice culture, the availability of non-digital alternatives to access Council services. Does not exacerbate the digital divide and that services are accessible to residents of all ages.

2.  Continuing to keep Ensure thatthe Council's strategicstrategies and policies areunder reviewedagainst best practice to ensure they meet the requirements of the Equality Act 2010 in line with legislation and our own ambitions, with periodic updates to the Resources and Fire & Rescue Overview and Scrutiny Committee to ensure Member engagement and oversight.

3.     Ask the Resources and Fire and Rescue Service Overview  ...  view the full minutes text for item 5.

A period of up to 40 minutes is allocated for questions to the Leader, Cabinet    Portfolio Holders and Chairs of Overview and Scrutiny Committees.

a)       Question from Councillor Tracey Drew to Councillor Jan Matecki

“Land acquisition was stated, by Cllr Butlin during last February’s AGM, as a, or even the, major hurdle to advancing K2L. Please could you provide a general update on progress on this, one of the Council's flagship cycle schemes? And have leaps or stumbles been achieved in acquiring the necessary land in the last 6 months?”

Councillor Matecki responded that the Council was actively negotiating with the impacted landowners for section 1b of the K2L route between north Leamington and Blackdown roundabout with specialist Bruton Knowles to facilitate construction of the new footway/cycleway.  This would require the dedication of existing school playing fields which were Council owned and, at the time of the meeting, leased to North Leamington School and subject to a Department for Education Secretary of State legal process, as well as the acquisition of the adjacent school playing field land owned privately by Kingsley School and the Warwick School Foundation.  In addition, easements needed to be established with private landowners both north and south of Blackdown roundabout, to facilitate the installation of the two hybrid retaining structures that would safely support the existing highway embankment once the new footway/cycleway was cut into it.  To date, the Council had shared relevant land plans, project drawings, information and held very positive onsite meetings with all parties and negotiations were continuing.  The Council had commissioned a specialist engineer for the retaining structures and once the detailed designs were available, the scope of the easements could be confirmed to allow those negotiations to continue. Should negotiations fail, the use of the Compulsory Purchase Order process would need to be considered in order to progress. The land acquisition for the rest of the K2L route remained on hold while the detailed designs for section 3b were finalised and the preferred design for the main bridge crossing for the River Avon was assessed against pre planning conditions, eg flood modelling and ecological impact, etc.

b)       Question from Councillor Jonathan Chilvers to Councillor Jan Matecki

“The aim of the Bermuda project was to speed up journey times for motor vehicles and an estimated number of seconds gain is part of the modelling. However, construction is causing long delays to journeys in some cases for years which currently makes journeys slower.

How many years will it take for the project to 'break even' in terms of journey times for vehicles?”

Councillor Matecki replied that the Bermuda project had a number of aims when originally planned, with improved journey times being just one of them.  Other key benefits that the scheme was envisaged to generate were reduced congestion in parts of the town centre, thus improving links on to the A444 in Nuneaton and other parts of the town, enhanced accessibility to local businesses, amenities and residential areas, particularly in Bermuda and adjoining areas, improved connectivity to Bermuda Park Rail Station for trains to Coventry, to provide an improved environment for cyclists and pedestrians and support  ...  view the full minutes text for item 6.

To consider any other items that the Chair considers are urgent.

None.