Agenda and draft minutes

The Chairman to report on functions attended since the last meeting and other matters of interest to Members.

The Chairman reported that he had attended the following events since the last Council meeting:

·         Birchwood, Willows Edge and Notrees Care Home visits

·         Greenfield House, Phoenix and Hungerford Resource Centre visits

·         Invasion of Ukraine Memorial Event

·         Hungerford Poetry Festival

·         Magistrates Mock Trial Competition

·         Thatcham Repair Café Visit

The Vice-Chairman reported that he had attended the following events since the last Council meeting:

·         Holocaust Memorial Event

·         Newbury Repair Café

The Chairman to sign as a correct record the Minutes of the Council meetings held on 30 November 2023, 19 December 2023, 20 February 2024 and 29 February 2024.

29 February 2024 to follow.

The Minutes of the meeting held on 30 November 2023 were approved as a true and correct record and signed by the Chairman subject to the following amendment:

·         Within the Chairman’s Remarks the reference to ‘David Barlow’ should state ‘Councillor David Barlow’.

The Minutes of the meetings held on 19 December 2023 and 20 February 2024 were approved as true and correct records and signed by the Chairman.

To remind Members of the need to record the existence and nature of any personal, disclosable pecuniary or other registrable interests in items on the agenda, in accordance with the Members’ Code of Conduct.

Councillor Carolyne Culver declared an interest in Agenda Items 19 and 20 as she was a member of Unison but reported that as her interest was a personal or another registrable interest, but not a disclosable pecuniary interest, she determined to remain to take part in the debates and vote on the matters.

Councillors may present any petition which they have received. These will normally be referred to the appropriate body without discussion.

There were no petitions received.

Members of the Executive to answer questions submitted by members of the public in accordance with the Council Procedure Rules contained in the Council's Constitution.

A full transcription of the public and Member question and answer sessions are available from the following link: Transcription of Q&As.

The Council to agree any changes to the membership of Committees.

Council RESOLVED to approve the following changes to the membership of Committees:

·         Councillor Justin Pemberton replacing Councillor Owen Jeffery on the Licensing Committee.

·         Councillor Jeremy Cottam replacing Councillor Louise Sturgess on the Licensing Committee.

·         Councillor Billy Drummond replacing Councillor Louise Sturgess on the Governance Committee.

·         Councillor Martin Colston replacing Councillor Laura Coyle as Mental Health Champion.

·         Councillor Nigel Foot replacing Councillor Heather Codling on the Western Area Planning Committee.

·         Councillor Stephanie Steevenson replacing Councillor Vicky Poole on the Thames Valley Police and Crime Panel.

·         Councillor Martha Vickers appointed as alternative Member on the Thames Valley Police and Crime Panel.

To note the following response to a Motion which had been presented to a previous Council meeting:

-       Response to the Motion from Councillor Tony Vickers on the Garage Block Motion – Item 10, Executive, 14 March 2024. A copy of the Minutes of this meeting can be obtained from Democratic Services or via theCouncil’s website.

-       Response to the Motion from Councillor Steve Masters on the Rwanda Scheme Motion – Item 13, Executive, 14 December 2023. A copy of the Minutes of this meeting can be obtained from Democratic Services or via theCouncil’s website.

-       Response to the Motion from Councillor Adrian Abbs on the 20 is Plenty Motion – Item 9, Executive, 2 November 2023. A copy of the Minutes of this meeting can be obtained from Democratic Services or via theCouncil’s website.

Members noted the response to a Motion from Councillor Tony Vickers regarding Garage Blocks which had been tabled at a previous Council meeting. As the Motion had been discussed and responded to by the Executive at its meeting on 14 March 2024 it was not proposed to revisit the discussion on this item at this meeting.

Members noted the response to a Motion from former Councillor Steve Masters regarding the Rwanda Scheme which had been tabled at a previous Council meeting. As the Motion had been discussed and responded to by the Executive at its meeting on 14 December 2023 it was not proposed to revisit the discussion on this item at this meeting.

Members noted the response to a Motion from Councillor Adrian Abbs regarding 20 is Plenty which had been tabled at a previous Council meeting. As the Motion had been discussed and responded to by the Executive at its meeting on 2 November 2023 it was not proposed to revisit the discussion on this item at this meeting.

The Council is asked to note that since the last ordinary meeting of the Council, the Licensing Committee met on 8 January 2024. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website.

The Council noted that, since the last ordinary meeting of the Council, the Licensing Committee met on 8 January 2024.

The Council is asked to note that since the lastordinary meeting of the Council, the Personnel Committee met on 26 February 2024. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website.

The Council noted that, since the last ordinary meeting of the Council, the Personnel Committee met on 26 February 2024.

The Council is asked to note that since the lastordinary meeting of the Council, the Governance Committee met on 29 January 2024. A copy of the Minutes of this meeting can be obtained from Democratic Services or via the Council's website.  

The Council noted that, since the last ordinary meeting of the Council, the Governance Committee met on 29 January 2024.

The Council is asked to note that since the last ordinary meeting of the Council the District Planning Committee has not met.

The Council noted that, since the last ordinary meeting of the Council the District Planning Committee has not met.

The Council is asked to note that since the lastordinary meeting of the Council, the Scrutiny Commission met on 18 January 2024 and 6 Febuary 2024. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website.

The Council noted that, since the last ordinary meeting of the Council, the Scrutiny Commission met on 18 January 2024 and 6 February 2024.

The Council is asked to note that since the lastordinary meeting of the Council, the Health Scrutiny Committee met on 12 December 2023 and 12 March 2024. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website.

The Council noted that, since the last ordinary meeting of the Council, the Health Scrutiny Committee met on 12 December 2023 and 12 March 2024.

The Council is asked to note that since the lastordinary meeting of the Council, the Health and Wellbeing Board met on 7 December 2023 and 22 February 2024. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website.

The Council noted that, since the last ordinary meeting of the Council, the Health and Wellbeing Board met on 7 December 2023 and 22 February 2024.

The Council is asked to note that since the lastordinary meeting of the Council, the Joint Public Protection Committee met on 11 December 2023 and 11 March 2024. Copies of the Minutes of these meetings can be obtained from Democratic Services or via the Council's website.

The Council noted that, since the last ordinary meeting of the Council, the Joint Public Protection Committee met on 11 December 2023 and 11 March 2024.

Purpose: To recommend a timetable of meetings for the 2024/25 Municipal Year.

The Council considered a report (Agenda Item 17) concerning the 2024/25 West Berkshire Council timetable of public meetings.

MOTION: Proposed by Councillor Jeff Brooks and seconded by Councillor Denise Gaines:

That the Council:

“Approve the timetable of public meetings for the 2024/25 Municipal Year”.

Councillor Brooks introduced the report by explaining that Members should be familiar with the timetable and that on the request of Councillor Owen Jeffrey most meetings, apart from the Licensing Committee, had been moved from a Monday evening to limit the number of clashes with Town and Parish Council meetings. Councillor Brooks thanked Stephen Chard and the Democratic Services Team for their hard work and added that it was business as usual.

Councillor Gaines had no further comments.

Councillor Brooks added that the Executive meeting would start at 6pm going forward to allow for a full workday, which would help some Members attend.

The Motion was put to the meeting and duly RESOLVED.

Purpose: This report seeks to establish a Joint (Prosperity) Committee (to be known as the Berkshire Prosperity Board) to enable Berkshire Authorities, through collaboration, to benefit from:

-       Working to a shared vision of inclusive, green, and sustainable economic prosperity through working together collaboratively to address challenges and meet opportunities.

-       Present a strengthened case to Government and private investors for greater investment into strategic projects, service delivery and initiatives across Berkshire.

-       Act as a vehicle to commission the Thames Valley Berkshire Local Enterprise Partnership (LEP) Core functions and others in response to the Government’s review of Local Economic Partnerships.

-       Have a stronger, collective voice in lobbying Government and other agencies.

-       Advantageously position Berkshire in readiness for potential devolution proposals to benefit from additional responsibilities and funding opportunities.

The Council considered a report (Agenda Item 18) concerning the establishment of a Joint Committee – the Berkshire Prosperity Board.

MOTION: Proposed by Councillor Louise Sturgess and seconded by Councillor Jeff Brooks:

That the Council:

“is asked to note the resolutions of the Executive dated 14th March 2024 to approve:

·         The establishment of a Joint Committee (to be known as the Berkshire Prosperity Board) from March 2024 to deliver a Berkshire-wide vision for inclusive green and sustainable economic prosperity.

·         Delegated authority for the Chief Executive, in consultation with the Leader of the Council, Executive Director of Resources and the Monitoring Officer to agree and enter into an inter-authority agreement between the six Berkshire Local Authorities to facilitate decision-making by the Berkshire Prosperity Board (BPB).

·         The re-allocation of £10,000 of Council revenue funding and £20,000 UK Shared Prosperity Fund (UKSPF) funding in 2024/25, along with the collective allocation of £80,000 out of the shared £240,000 pot of grant funding that would be given to the six Berkshire Authorities from Government to replace LEP funding.

It is further recommended that Council:

·         Approve the terms of reference for the BPB as set out in Appendix A to be added to the Constitution.

·         Delegate authority to the Monitoring Officer, in consultation with the Leader of the Council, to amend the Constitution to make minor amendments to the terms of reference for the BPB and to amend Part 3 (meeting procedure Rules) and Part 6 (Council Bodies) to take account of the existence of the BPB.”

Councillor Sturgess introduced the report by explaining that the BPB had been set up in agreement with six Local Authorities: West Berkshire Council, Wokingham Borough Council, Reading Borough Council, Royal Borough of Windsor and Maidenhead, Slough Borough Council and Bracknell Forest Council. The BPB had six main aims which were health and inequalities, education and skills, affordable housing, strategic infrastructure, net zero and West Berkshire Council leading on sector development.  The Councillor explained that in terms of funding, £240,000 per year would be received from the Government, which would replace the Local Enterprise Partnership (LEP) funding. £80,000 would be allocated to the program management elements of the Board, such as staffing with the accountable body. In addition, each authority was asked to contribute £10,000 of Revenue and £20,000 of UK SPF funding in 2024. The BPB would be set out with funding agreed for a year and then reviewed prior to 2025. Councillor Sturgess emphasised the strategic strength of the unitary authorities working together to make bids for major funding which was a key reason for the initiative and stated that although the needs varied in demand, historic connections meant the BPB would work well and help deliver for West Berkshire.

Councillor Adrian Abbs queried the £80,000 figure for staffing as he felt this would not be adequate for six large councils.

Councillor Howard Woollaston questioned the quorum of six for the BPB, as he believed this would make the group unworkable, as there was no  ...  view the full minutes text for item 93.

Purpose: The Council is required, in accordance with section 38 of the Localism Act 2011, to publish an annual pay policy statement. This report seeks to secure compliance with that duty, by seeking approval of the Statutory Pay Policy Statement for publication.

The Council considered a report (Agenda Item 19) concerning the Statutory Pay Policy 2024/25.

MOTION: Proposed by Councillor Jeff Brooks and seconded by Councillor Ian Cottingham:

That the Council:

“It is recommended that Council adopt and approve the Statutory Pay Policy Statement for publication. It is further recommended that the Council delegate authority”.

Councillor Brooks proposed the following AMENDMENT, which was seconded by Councillor Cottingham:

That the Council:

“It is recommended that Council adopt and approve the Statutory Pay Policy Statement for publication. It is further recommended that the Council delegate authority to the Service Director, Strategy & Governance to update the Statutory Pay Policy to reflect any changes as a result of the pay award and to reflect any changes to the senior management structure”.

Councillor Brooks introduced the report by stating that each year the Council reviewed its pay policy. The Councillor explained that the review of the senior pay scales would happen for the 2025-2026 Pay Policy.

Councillor Carolyne Culver asked for the costing of the senior management restructure within the previous years for the Scrutiny Commission as this was promised to be cost neutral, however costs had become higher. The Councillor expressed concern for the junior levels of staffing, as it was believed that more pay would increase recruitment and retention. She respected senior members of staff, however there were significant levels of staff sickness due to stress. Councillor Culver added that several members of staff found it necessary to have second jobs.

Councillor Cottingham emphasised the importance of transparency and compliance, which was in the report and highlighted section four which gave an indicator of the ratios between the highest, lowest, and median pay levels. The Councillor indicated that the Council received benchmarking from Hayes, which had been taken on board to make sure the Council paid the appropriate salaries.

Councillor Brooks agreed to consider the issue of the restructuring costs. The Councillor agreed that West Berkshire Council had excellent senior staff, which encouraged better outcomes especially in regard to transformation. It was highlighted that there were other incentives that could be explored to attract and keep staff as it made no sense to continuously hire temporary workers.

The Motion was put to the meeting and duly RESOLVED.

Purpose:

1.1       It is crucial that the Council has sufficient capacity at senior level to drive the SEND Transformation through the Delivering Better Value Programme (DBV). The programme will expedite transformation activity across the SEND system in West Berkshire. The transformation will enhance the operations of the organisation and the wider SEND system whilst responding to the financial challenges faced by the Council’s High Needs Block (HNB) deficit. The increasing level of cost, demand, complexity of need, pace of change, accessibility and availability of current and potential services, and the latest inspection frameworks place new and increasing demands from children and families on the Council.

1.2     This report’s purpose is to set out the proposed addition to the senior management structure in the People Directorate (Children’s Services), focussing on the DBV programme, adding greater resilience in Children’s Services (People Directorate) to respond to the SEND (Special Educational Needs & Disabilities) financial and operational challenges.

1.3       The proposed addition will bring additional capacity to Children’s services for a fixed period of one year in line with the wider council senior directorate structures. The post holder will have senior management responsibility for all elements of the DBV programme.

The Council considered a report (Agenda Item 20) proposing the create of a Service Director for Delivering Better Value and SEND Transformation.

MOTION: Proposed by Councillor Heather Codling and seconded by Councillor Ian Cottingham:

That the Council:

·         “Approve the creation of the Service Director (SD) post in the Children’s (People) Directorate.

·         Note that the post is for one-year fixed term, funded from DBV grant funding”.

Councillor Codling introduced the report, emphasising the need for the Delivering Better Value in Special Educational Needs and Disabilities (DBV in SEND) program. Launched in 2021, this initiative had reached its crucial third phase, aiming to tackle the financial challenges faced by local authorities dealing with deficits in the high needs block. The goal was not just to ease financial strain but also to improve the efficiency and effectiveness of operations in the broader SEND system. The proposed solution involved creating a service director role dedicated to overseeing the DBV in SEND program for one year. Funding for this position would come from the DBV grant, ensuring financial sustainability and accountability.

Councillor Carolyne Culver expressed concerns about the looming threat of the high needs block deficit, potentially leading to a Section 114 notice. She sought clarification on the expected outcomes of the proposed role, its integration within the Council structure, and emphasised the need for robust evaluation mechanisms.

Councillor Paul Dick echoed these concerns, highlighting the historical trend of overspending on SEND and advocating for recruiting skilled personnel to improve service delivery.

Councillor Adrian Abbs expressed scepticism about using grant funds, emphasising the need to carefully evaluate previous tranches and adopt a cautious approach to expenditure.

Councillor David Marsh felt there was a greater need for increased funding for frontline services rather than at a senior management level.

Councillor Dominic Boeck expressed the need for careful consideration when allocating resources, particularly the significant budget for the new service director role. It was important to ensure the optimal use of funds.

Councillor Brooks voiced support for the proposal, trusting in AnnMarie Dodds' leadership and endorsing her vision for transforming SEND services. He emphasised the potential of the proposed role to drive meaningful change and pledged thorough oversight of outcomes.

Councillor Biyi Oloko sought clarification on logistical aspects, particularly regarding staff recruitment and its impact on the service director's tenure.

Councillor Cottingham reiterated the challenges posed by the high proportion of children requiring SEND support. He emphasised the need for preventive measures and addressing underlying issues while supporting broader transformation efforts.

Councillor Codling provided further insight into the proposed service director role, emphasising the need for collaboration with other local authorities and outlining specific responsibilities. She reiterated the importance of reducing costs while improving service delivery. Councillor Codling assured attendees that comprehensive evaluation frameworks would be developed after the service director was appointed, ensuring accountability and effectiveness.

The Motion was put to the meeting and duly RESOLVED.

Please note that the list of Motions is shown under Item 21 in the agenda pack.

Councillor Ross Mackinnon raised a point of order regarding the procedure for referring motions to the Executive. He referenced Part Three of the Constitution, Paragraph 12.6.1, which suggested that motions falling within the Executive's remit should be referred without debate. Councillor Mackinnon proposed that the motions to be considered should be referred to the Executive based on this provision. Mrs Sarah Clarke advised that it was within the Council's purview to request the Executive's consideration on matters falling within their remit. Councillor Mackinnon queried the criteria used to determine whether motions should be debated in Council or referred to the Executive. Mrs Clarke explained that the decision relied on legal advice and considerations of whether the matters were within the Council's interest or beyond its remit. She assured that the motions scheduled for debate were appropriately within the Council's purview.

Councillor David Marsh reflected on the past practice of referring motions to the Executive and expressed surprise at the current inclination towards debating more motions in Council. The Councillor welcomed the shift towards increased debate in the Council Chamber, aligning with residents' expectations of democratic engagement.

The Council considered the under-mentioned Motion (Agenda item 21(e) refers) submitted in the name of Councillor Heather Codling relating to Care Leavers Protected Characteristic.

MOTION: Proposed by Councillor Codling and seconded by Councillor Justin Pemberton:

“Care Leavers Protected Characteristic

Firstly, the term 'care-experienced' refers to anyone who has been, or is currently, in care, or is from a looked-after background – at any stage in their life, no matter how short.  This includes adopted children who were previously looked-after.

Council notes that:

·         Care-experienced people face significant barriers that impact them throughout their lives;

·         Despite the resilience of many care-experienced people, society too often does not take their needs into account;

·         It recognises that care experienced people are a group who are likely to face discrimination and stigma across many areas of their lives including housing, health, education, relationships, employment and in the criminal justice system;

·         Care-experienced people may encounter inconsistent support in different geographical areas;

·         As corporate parents, councillors have a collective responsibility for providing the best possible care and safeguarding for the children who are looked after by us as an authority;

·         The Public Sector Equality Duty requires public bodies, such as councils, to eliminate unlawful discrimination, harassment, and victimisation of people with protected characteristics.

Council believes that:

·         All corporate parents should commit to acting as mentors, hearing the voices of looked after children and young people and to consider their needs in any aspect of council work;

·         Councillors should be champions of the children in our care and challenge the negative attitudes and prejudice that exists in all aspects of society;

·         Councils have a duty to put the needs of disadvantaged people at the heart of decision-making through co-production and collaboration.

This Council therefore resolves to ask the Executive to ensure that: 

·         Future decisions, services and policies made and adopted by the Council should be assessed through Equality Impact Assessments to  ...  view the full minutes text for item 96.

Members of the Executive to answer questions submitted by Members of the Council in accordance with the Council Procedure Rules contained in the Council's Constitution.

A full transcription of the public and Member question and answer sessions are available from the following link: Transcription of Q&As.