Agenda, decisions and draft minutes

There were no apologies.

There were no apologies.

Councillor Alan James – Personal Interest – Agenda Item 5

Councillor Alan James declared a personal interest in agenda item 5 because his daughter worked for the Regional School Improvement Service (GwE).

No urgent matters had been raised.

No urgent matters had been raised.

To receive the minutes of the Cabinet meeting held on 18 February 2025 (copy enclosed). 

RESOLVED that the minutes of the meeting held on 18 February 2025 be received and confirmed as a correct record.

The minutes of the Cabinet meeting held on 18 February 2025 were submitted.

RESOLVED that the minutes of the meeting held on 18 February 2025 be received and confirmed as a correct record.

To consider a report by Councillor Diane King, Lead Member for Education, Children and Families (copy enclosed) regarding changes required and the proposed way forward to undertake school improvement statutory functions following the closure of GwE.

RESOLVED that –

(a)      this Council approves the termination of the agreement to work in partnership with other North Wales local authorities in the context of the regional School Effectiveness and Improvement Service (GwE) on the 31 May 2025 and subsequently dissolve the requirement for the GwE Joint Committee;

(b)      this Council confirms its contractual commitment in relation to ending the arrangement, and

(c)      that Cabinet confirms that it has read, understood and taken account of the Wellbeing Impact Assessment (Appendix 1 to the report) as part of its consideration.

Councillor Diane King presented the report detailing the changes required and proposed way forward to undertake school improvement statutory functions following the closure of the Regional School Improvement Service (GwE).

GwE was established by agreement between the six local authorities in North Wales in February 2013.  In January 2024 the then Minister for Education and the Welsh Language referred to a review of Education partners and school improvement with a move away from the wider regional model to establishing partnerships at a more local level, and GwE would cease to exist as a regional consortium on 31 May 2025.  Consequently, Cabinet was asked to formally terminate that agreement and dissolve the GwE Joint Committee.  The Lead Member provided assurances that improving standards in schools would continue and the Head of Education was working with colleagues across North Wales and HR and Legal Departments to ensure continuity of support for schools.  Raising standards in schools continued to be a key priority.

The Head of Education also attended for this item.  During debate concern was expressed regarding the cost uncertainty of the change and questions raised regarding the move away from regional working in this case when it was expanding in other areas, the rationale behind the appointment of the lead authority, scrutiny of the work of GwE, implications for schools and development of the service going forward.  Officers responded to those and further questions as follows –

·       detailed the complexity of the situation and ambiguity over staffing costs given the ongoing process of TUPE arrangements across the six local authorities and ending of contractual arrangements, with additional Welsh Government funding made available in the current financial year to help with those costs

·       a Transitional Board had been set up to oversee the arrangements for transferring GwE services back to local authorities and structures developed to provide support to schools at individual local authority level

·       the transitional costs were one off in nature and funding would be in the form of grants or use of reserves (the £2m transition budget for the whole of Wales would be unlikely to cover the cost); the ongoing costs of the service post the dissolution of GwE had been included in the Medium Term Financial Strategy and there would be recurring savings as the new service would cost less

·       the rationale behind the historical decision to appoint Gwynedd Council as lead authority for GwE was unknown and the new service arrangements would be led by each individual local authority with some collaboration with other authorities

·       the legalities of the establishment of the Corporate Joint Committee in 2021 was set out and their responsibilities in terms of regional working in specific areas

·       the move away from the wider regional model for the school improvement service followed a middle tier review undertaken nationally across Wales and consultation with Headteachers and schools; the outcome was a desire to move away from a regional approach to a local focus.  However, there was still an expectation for collaboration with other local authorities on certain projects and plans but there would be a distinct local focus rather than a regional focus

·       Denbighshire’s schools generally praised and appreciated GwE’s work, and that good work and practice would be taken forward to the new service and other members also confirmed positive interactions with the service; GwE had attended Performance Scrutiny Committee on matters such as home education, standards, and attendance with no negative recommendations on that work

·       Councillor Gareth Sandilands, Vice Chair of Performance Scrutiny Committee highlighted GwE’s attendance at meetings when considering education matters to provide an independent viewpoint and expertise which had  ...  view the full minutes text for item 5.

To consider a report by Councillor Julie Matthews, Lead Member for Corporate Strategy, Policy and Equalities (copy enclosed) seeking Cabinet approval to adopt the Sexual Harassment Policy and the Redeployment Policy amendments.

RESOLVED that Cabinet –

(a)      approve and adopt the Sexual Harassment Policy and the Redeployment Policy, and

(b)      confirms that it has read, understood and taken account of the Wellbeing Impact Assessment (Appendix 3 and 4 to the report) as part of its consideration.

Councillor Julie Matthews presented the report seeking Cabinet approval to adopt the Sexual Harassment Policy and Redeployment Policy amendments.

The report covered two positive policies to support staff and their wellbeing, and a brief summary of each policy was provided as follows –

Sexual Harassment Policy – this was a new policy created in line with the new Equality legislation which placed a duty on employers to take ‘reasonable’ steps to prevent sexual harassment.  The policy aimed to ensure all parties understood what sexual harassment was, identified the behaviour expected, and outlined the Council’s responsibilities to prevent sexual harassment.  It also explained how to report sexual harassment, the process to be followed, and support available.  The Wellbeing Impact Assessment concluded a positive impact.  To embed the policy in the culture of the authority, it would be supported by a Managers Prevention Toolkit, including training, a presentation document for team meetings and toolbox talks together with risk assessment templates for services to complete and keep live.

Redeployment Policy – this policy had been subject to a full review and the report provided a summary of the amendments made.  The policy focused on the three types of redeployment scenarios: capability, redundancy and medical.  The current policy only allowed employees with more than two years continuous service to be placed on the redeployment pool and the new version ensured all employees were placed on the redeployment list regardless of their length of service.  The policy also contained useful ‘frequently asked questions’ which had been updated.

The Head of Corporate Support Service: People and HR Services Manager were in attendance for this item.  The policies had been developed in consultation with Trade Unions and agreed by the Joint Consultative Committee for Health and Safety and Employee Relations (JCC).

Cabinet discussed the policies with the Lead Member and officers.  The Sexual Harassment Policy was an employment policy for staff and the conduct of elected members in respect of sexual harassment, etc., would be covered by the Members’ Code of Conduct.  At the Lead Member’s request, it had been agreed that the eLearning training module also be made available to elected members to support their understanding of the issue.  The Trade Unions had been actively involved in shaping the policy, which had been well received by the JCC, and Trade Unions had been appreciative of their involvement in that process.  The Lead Member thanked all stakeholders for their contributions and involvement with the new policy.  Next steps involved embedding the policy within the culture of the authority and raising awareness which was likely to give rise to an increase in reported incidents.  The effectiveness of the policy would mainly be measured initially by the number of reported incidents and over the longer term reflected in the staff survey.

Some clarity was sought over the wording of the Redeployment Policy and implications as a result of the change to move away from the minimum two years’ service before redeployment.  Councillor Emrys Wynne in particular highlighted the protections for staff under the current two-year policy, particularly as a result of redundancy and to safeguard against subsequent redeployments which could negatively impact some staff. Whilst acknowledging those concerns it was highlighted that the reasons for redeployment varied and the move demonstrated a positive benefit for staff who could request redeployment regardless of length of service and it was considered that the Council had a duty of care in that regard.  Assurances were provided that the Trade Unions had been fully supportive of the change and extending the protection to all staff from the first day of working.  It was  ...  view the full minutes text for item 6.

To consider a report by Councillor Julie Matthews, Lead Member for Corporate Strategy, Policy and Equalities (copy enclosed) seeking Cabinet approval to adopt the Foster Friendly Policy.

RESOLVED that Cabinet –

(a)      approve and adopt the Foster Friendly Policy, and

(b)      confirms that it has read, understood and taken account of the Wellbeing Impact Assessment (Appendix 2 to the report) as part of its consideration.

Councillor Julie Matthews presented the report seeking Cabinet approval to adopt the Foster Friendly Policy.

The policy demonstrated that the Council valued the contribution foster carers made to society and lives of the children cared for.  It recognised the additional commitment and demands of caring for children looked after by providing additional special leave for staff who were foster carers and those in the process of an assessment.  The Wellbeing Impact Assessment highlighted how the policy would assist in recruitment and retention of foster carers to help secure children looked after within their own communities and ensure they retained strong links with families, friends, and school.  The policy had been agreed by the Corporate Executive Team, Trade Unions and the Joint Consultative Committee for Health and Safety and Employee Relations.

The Head of Children’s Services added that the policy was an important addition to the core offer to foster carers and would raise further awareness and encourage staff to come forward to support children locally.  Increasing the number of inhouse foster carers was a priority and the policy would support the process and provide time off for staff to undertake the necessary training and meetings required.

The following points were raised during the ensuing debate –

·       detailed the stages involved in the process of becoming a foster carer and it was at the assessment stage that potential foster carers would require time off work to undertake that process, particularly to undergo the three day training required

·       the policy would also be another means of publicising that the Council was a foster friendly authority and provided another opportunity to raise awareness

·       elaborated further on the project to improve the ‘core offer’ to foster carers confirming a new Project Officer would commence in April to continue that work and identify incentives and offers across all services and promotion of the issue, particularly in schools, and further work in that regard continuing going forward

·       there were currently around 45 fostering households in the county and the aim for next year was to secure 10 new households which would make a significant difference; 3 out of the 8 couples who attended the last recruitment training session worked for the council and had to take leave to attend the session

·       legally you could be a foster carer for one provider and not multiple providers

·       the employee’s line manager would approve the leave on a discretionary basis which was in line with all other time off work requests and assurances were provided that the assumption was that leave would be given unless there were exceptional circumstances and would be closely monitored.

Cabinet welcomed the policy as a positive means of encouraging and supporting existing and potential foster carers through the fostering process and ongoing responsibilities.  Tribute was paid to the valued role of foster carers and benefits to children and young people, and the Council’s commitment to providing the necessary support to increase the number of inhouse foster carers was reiterated.

RESOLVED that Cabinet –

(a)      approve and adopt the Foster Friendly Policy, and

(b)      confirms that it has read, understood and taken account of the Wellbeing Impact Assessment (Appendix 2 to the report) as part of its consideration.

To consider a report by Councillor Jason McLellan, Leader and Lead Member for Economic Growth and Tackling Deprivation (copy enclosed) regarding the proposed transfer of the implementation of the North Wales Growth Deal to the North Wales Corporate Joint Committee in accordance with the in-principle decision made by the previous Cabinet in December 2021.

RESOLVED that Cabinet –

(a)      agree to enter into a Partnering and Funding Agreement (Appendix 2 to the report) whereby the role of the Accountable Body, responsible for the delivery of the North Wales Growth Deal and funding arrangements for the Growth Deal are transferred to the North Wales Corporate Joint Committee on or before 31 March 2025;

(b)      agree to novate and assign as required the delivery of the North Wales Growth Deal and rights and obligations in all incoming funding agreement held by Cyngor Gwynedd as Accountable Body on behalf of the North Wales Economic Ambition Board (“NWEAB”) transfer to the North Wales Corporate Joint Committee (“NWCJC”);

(c)      agree to transfer and novate and or assign all interests in the portfolio of projects funded by the North Wales Growth Deal together with any ancillary agreements, charges and leases from Cyngor Gwynedd as Accountable Body on behalf of NWEAB to the NWCJC;

(d)      agree to the transfer and /or assignment of all financial balances, monies due and assets as held on behalf of the North Wales Economic Ambition Board by Cyngor Gwynedd to the North Wales Corporate Joint Committee;

(e)      delegate authority to the Chief Executive, in consultation with the Monitoring Officer and Section 151 Officer, to agree and execute the final form agreements, deeds and all other legal documents necessary to implement the transfers referred to at paragraphs (a) (b) and (c) above;

(f)       on completion of the Partnering and Funding Agreement agree to the termination of the GA2 agreement and the winding up of the North Wales Economic Ambition Board Joint Committee;

(g)      agree to the transfer of accountability to the NWCJC and that the NWCJC accept responsibility for decision making for the implementation of the North Wales Growth Deal subject to novation of the Growth Deal and approval of additional Standing Orders incorporating the key terms of the Joint Working Agreement (“GA2”) between the 6 Constituent Councils and 4 Education parties, and

(h)      agree that the decisions set out above be implemented immediately without call-in, in accordance with section 7.25 Council Constitution in order that the transfer may take place on or before 31st March 2025.

Councillor Jason McLellan presented the report regarding the proposed transfer of the implementation of the North Wales Growth Deal to the North Wales Corporate Joint Committee in accordance with the in-principle decision made by the previous Cabinet in December 2021.

The establishment and responsibilities of the North Wales Economic Ambition Board (NWEAB) in December 2020 and the North Wales Corporate Joint Committee (NWCJC) in April 2021 had been set out in the report together with the in-principle decision of the Constituent Councils in 2021/22 to transfer the Growth Deal to the NWCJC. The original decision was in-principle as the legislation relating to CJCs was continuing to develop with a final set of regulations in April 2023.  The Leader referred to the recent Council Workshop facilitated by Ambition North Wales which was well attended with good discussion and feedback from members.

The Corporate Director: Governance and Business guided Cabinet through the technical elements of the transfer and the recommendations for consideration.  Denbighshire was the last of the six local authorities to receive the report and the other local authorities had agreed the transfer and the NWCJC had agreed to be a signatory to the agreement. To enable the transfer to take place by 31 March 2025 Cabinet was asked to agree that the decisions be implemented without call-in.

Cabinet discussed the merits of the report and the Corporate Director: Governance and Business responded to questions, elaborating on the advantages of the transfer due to the correlation in membership between both bodies, the avoidance of multiple regional bodies with similar functions, and the legal and operational advantages of the NWCJC being its own corporate entity.  If the report recommendations were agreed, the NWCJC would become the accountable body in respect of the Growth Deal with the transfer of all responsibility from Gwynedd Council as host authority and accountable body to the NWCJC, including staff who would be employed by the NWCJC.  The appointment of Gwynedd Council as the current host authority and accountable body was a historic decision following discussion between the local authorities and educational institutions in the establishment of the NWEAB.

RESOLVED that Cabinet –

(a)      agree to enter into a Partnering and Funding Agreement (Appendix 2 to the report) whereby the role of the Accountable Body, responsible for the delivery of the North Wales Growth Deal and funding arrangements for the Growth Deal are transferred to the North Wales Corporate Joint Committee on or before 31 March 2025;

(b)      agree to novate and assign as required the delivery of the North Wales Growth Deal and rights and obligations in all incoming funding agreement held by Cyngor Gwynedd as Accountable Body on behalf of the North Wales Economic Ambition Board (“NWEAB”) transfer to the North Wales Corporate Joint Committee (“NWCJC”);

(c)      agree to transfer and novate and or assign all interests in the portfolio of projects funded by the North Wales Growth Deal together with any ancillary agreements, charges and leases from Cyngor Gwynedd as Accountable Body on behalf of NWEAB to the NWCJC;

(d)      agree to the transfer and /or assignment of all financial balances, monies due and assets as held on behalf of the North Wales Economic Ambition Board by Cyngor Gwynedd to the North Wales Corporate Joint Committee;

(e)      delegate authority to the Chief Executive, in consultation with the Monitoring Officer and Section 151 Officer, to agree and execute the final form agreements, deeds and all other legal documents necessary to implement the transfers referred to at paragraphs (a) (b) and (c) above;

(f)       on completion of the Partnering and Funding Agreement agree to the termination  ...  view the full minutes text for item 8.

To consider a report by Councillor Elen Heaton, Lead Member for Health and Social Care (copy enclosed) seeking Cabinet approval for the setting of Older People’s Residential and Nursing Care Home fees for 2025/26.

RESOLVED that Cabinet –

(a)      approves the Care Fee uplifts, on top of the 2024/25 fees, for Older People’s Residential and Nursing Homes for 2025/2025 as -

·       3.8% for Standard Residential Care

·       6.6% for EMI Residential Care

·       5.9% for Standard Nursing Care

·       7.2% for EMI Nursing Care

(b)      approves that any provider who does not accept the proposed fees will enter into a Care Cubed exercise to determine a fair-price for their care (previously open book exercise).

Councillor Elen Heaton presented the report seeking Cabinet approval for the setting of Older People’s Residential and Nursing Care Home fees for 2025/26.

Care home fees represented a significant area of spend with around £14.1m allocated to 382 placements in 85 care homes.  Care provision was a priority for the Council with continued investment to safeguard the most vulnerable residents.  An update on engagement with care providers had been set out in the report together with the proposed fees which had taken account of factors such as the Real Living Wage, changes to national insurance contributions including the threshold change, and inflation.  It was vital that a fair and sustainable approach was taken to funding care and a key development was the Council’s investment in Care Cubed which was a data-driven methodology that provided a consistent and evidence-based approach to fee setting.  This investment ensured that fees were set transparently and responsibly, striking a balance between supporting care providers with fair and sustainable fees while ensuring value for money for taxpayers.  It also aligned with the regional commitment to fairness and consistency across North Wales.

Councillor Heaton stressed that the Council valued its care providers, and no providers should feel they were being unfairly compensated as a result of the proposals.  The Council had an open door policy and using Care Cubed would ensure an evidenced based price for care and support a sustainable care sector.

The Head of Adult Social Care and Homelessness responded to questions, elaborating on Care Cubed as a transparent way of enabling negotiation with providers with a view to resolving disputed care fees taking into account individual circumstances due to differences in providers such as the size of care homes and category of care, etc.  Most local authorities in North Wales had invested in Care Cubed and the data became richer the more it was used to focus on the local area and provide a clearer benchmark and analyse the detail which could result in a different fee than those currently set.  Three care home providers had responded to the consultation on fees and once the fees had been agreed officers would engage with them to complete the Care Cubed exercise.  In terms of the budget process there was close working with the Finance Team to monitor the care fees going forward based on the assumptions in the proposed fees with only three providers at present who had challenged those fees.  However, future demand throughout the year was unknown and if necessary, the budget pressure would be adjusted during the year, but best efforts were being made to manage that effectively.

RESOLVED that Cabinet –

(a)      approves the Care Fee uplifts, on top of the 2024/25 fees, for Older People’s Residential and Nursing Homes for 2025/2025 as -

·       3.8% for Standard Residential Care

·       6.6% for EMI Residential Care

·       5.9% for Standard Nursing Care

·       7.2% for EMI Nursing Care

(b)      approves that any provider who does not accept the proposed fees will enter into a Care Cubed exercise to determine a fair-price for their care (previously open book exercise).

To consider a report by Councillor Gwyneth Ellis, Lead Member for Finance, Performance and Strategic Assets (copy enclosed) detailing the latest financial position and progress against the agreed budget strategy.

RESOLVED that Cabinet note the budgets set for 2024/25 and progress against the agreed strategy.

Councillor Gwyneth Ellis presented the monthly report detailing the latest financial position and progress against the agreed budget strategy.

A summary of the Council’s financial position was provided as follows –

·       the net revenue budget for 2024/25 was £271.021m (£250.793m in 2023/24)

·       an underspend of £102k was forecast for service and corporate budgets

·       current risks and assumptions relating to corporate budgets and service areas

·       savings and efficiencies for the 2024/25 budget (£10.384m) and progress in delivering savings approved with ongoing tracking/monitoring

·       an update on Schools, Housing Revenue Account and Treasury Management.

The Head of Finance and Audit guided members through the detail of the report.  There was a forecasted underspend on service and corporate budgets of £102k compared to an underspend of £4.559m last month.  The movement related mainly to the set-aside to earmarked reserves (£3.956m) approved at the last Cabinet and increased pressures across services (£501k).  Services as a whole continued to overspend in areas including Education and Children’s Services, Highways and Environmental Services, and Planning, Public Protection and Countryside Services.  The areas of service overspend continued to be offset by the underspend on corporate budgets.  The forecast balance on the Housing Revenue Account at the year-end would fall from £1.2m to £775k and the position on schools’ balances remained as last month with a forecast overall deficit of £2.1m.  The savings tracker had been included in the report detailing an overview of progress.

The financial year ended on 31 March 2025 and the Finance Team would move into completing year-end accounting and production of the Statement of Accounts.  Due to the new finance system more time had been allocated to that process and the next 2024/25 update position would be submitted to Cabinet in June.

During debate reference was made to the overspend in Housing and Environmental Services relating to increased costs for the waste service (£1.628m) and winter maintenance (£807k).  It was clarified that the additional £1m approved by Cabinet in November was in the base budget for the waste service in 2025/26, with the additional costs in 2024/25 relating to the transition year for the roll out of the new waste system and subsequent financial adjustment in that regard.  Within the budget set for 2025/26 it was recognised that the winter maintenance budget was not sufficient to deal with adverse weather and last month Cabinet had set aside a reserve from funding available in the current financial year to cover adverse weather conditions which could not be predicted.  The reduction in the Housing Revenue Account reserve was also highlighted and there was some debate as to the merits of setting a minimum level of balances in that regard.  Councillor Rhys Thomas explained that given the ongoing reductions to balances year on year there would need to be a prioritisation process on areas of spend to best benefit tenants.

RESOLVED that Cabinet note the budgets set for 2024/25 and progress against the agreed strategy.

RESOLVED that Cabinet’s forward work programme be noted.

The Cabinet forward work programme was presented for consideration.

RESOLVED that Cabinet’s forward work programme be noted.

The meeting concluded at 12.10 pm.