Decisions

Further to Minute No. 73, 19^th October 2022, the Director of Communities, Housing and Environment submitted a report which provided an updated position on the cost-of-living situation in Leeds, and which reflected upon national policy interventions and the actions being taken by the Council and partners in response to such matters from a welfare and financial inclusion perspective.

The Executive Member introduced the report highlighting the key aspects within it, which included an update on the related training which had recently been provided by the Financial Inclusion Team to Members and Group Office staff. An update was also provided on the current position regarding the receipt of external funding via the Household Support Fund, whilst specific reference was also made to the appended Cost of Living Action Plan and the report on the Council’s State of the City event, which had focussed upon the cost of living situation.  In conclusion, the Executive Member extended her thanks to officers for the work which they continued to undertake in this area, to frontline staff for the valuable service that they provided to residents across the city and also to third sector partners for their collaborative approach.

In considering the report, Members highlighted the value of the December 2022 State of the City event. The Board also emphasised the importance of cross-party working in this area and the need to ensure that a localised and inclusive approach continued to be taken.

Responding to comments, it was undertaken that both the Executive Board and the Environment, Housing and Communities Scrutiny Board would continue to be kept informed and involved in this area of work moving forward.

RESOLVED –

(a)  That the contents of the submitted report, be noted; and that the approach being adopted, as detailed within the submitted report, be endorsed;

(b)  That it be noted that the Director of Communities, Housing and Environment is responsible for overseeing and implementing any actions arising from the submitted report.

The Director of Resources submitted a report which presented the Council’s Climate Emergency Annual Report for Members’ consideration. The Annual Report provided an update on the progress being made at both a Council and a citywide level towards the target set by the Council when declaring a Climate Emergency in 2019 of achieving net zero emissions for the city by 2030. The report also reflected upon wider changes relevant to the city’s decarbonisation that have occurred both regionally and nationally.

In presenting the report, the Executive Member provided an overview of the key areas of work which had been undertaken over the past year in response to the Climate Emergency and in progressing towards the target of achieving net zero emissions for the city by 2030.  In doing so, it was highlighted that in 2022 Leeds City Council had been recognised as one of 122 city authorities across the world leading the way on climate action by the Carbon Disclosure Project. In conclusion, the Executive Member, on behalf of the Board extended her thanks to the Sustainable Energy and Air Quality team for the progress that was being made in this area, and also to the Environment, Housing and Communities Scrutiny Board for the role it continued to play.

In response to a comment, the Board received further information on and discussed the compatibility between the planning system and the Council’s net zero emissions target. Members also considered the funding which had been secured by the Council from Government to date and the process by which such funding was secured, whilst the Board also discussed the progress being made both as a Council and as a city towards the Council’s 2030 net zero emissions target.

Specifically in response to an enquiry relating to transport contributing around a third of the city’s emissions, it was confirmed that the emissions from Leeds Bradford Airport were not included within that, which it was noted was consistent with the Government’s approach to such matters.

Responding to a Member’s concerns regarding the statistics presented in the submitted report and the rate of progress being made across the Council’s directorates towards achieving net zero emissions, it was undertaken that such matters would be followed up with the Member in question in order to gain further detail.

RESOLVED –

(a)  That the Net Zero Housing Plan for the Council, as presented at Appendix 1 to the submitted report, be adopted;

(b)  That the consultation responses regarding the Leeds Food Strategy, as detailed within Appendix 2 to the submitted report, be noted; and that approval be given to the adoption of the updated Leeds Food Strategy, as presented at Appendix 3 to the submitted report;

(c)  That approval be given for Leeds City Council to be a signatory of the Yorkshire and Humber Climate Commission’s ‘Climate Action Pledge’;

(d)  That the next Climate Emergency Annual Report to Executive Board be submitted in September 2024 (and every 12 months thereafter), in order to improve transparency by aligning the Annual Report with the Council’s Carbon Disclosure Project submission.

(Under the provisions of Council Procedure Rule 16.5, Councillor Golton required it to be recorded that he abstained from voting on the decisions referred to within this minute)

The Chief Officer (Financial Services) submitted a report presenting the financial health of the Authority in respect of both the General Fund revenue budget and the Housing Revenue Account as at Month 10 of the 2022/23 financial year.

It was noted that recommendation (b) in the submitted report should be amended to read as follows: ‘Savings actions identified to date are included in the reported overspend position and actions will continue to be identified for receipt at the April meeting of this Board’.

In presenting the report, the Executive Member for Resources provided an overview of the key information within it, which included reference to the fact that an overspend of £13.7m was projected for the Authority’s General Fund services, as at month 10 of 2022/23, and that a balanced budget was expected to be achieved by the year-end, via a range of actions including the delivery of savings, the utilisation of reserves and the application of Government funding.

Responding to a Member’s enquiries, the Board received further information on the work which had been undertaken to date and which continued to ensure that the budget available within the Children and Families directorate was appropriate and sustainable moving forward. It was noted that this included a review undertaken as part of the 2023/24 budget setting process on the monitoring of key areas such as levels of demand for services. In addition, the work undertaken by a cross-directorate ‘task and finish’ working group and the establishment of a cross-directorate delivery board were also highlighted.

Also in relation to the Children and Families directorate, responding to a Member’s enquiry, the Board received clarification on the funding which had been confirmed by Leeds Health and Care Partnership Executive Group (PEG) from 2023/24 in relation to the provision of new and existing services, with it being undertaken that the Member in question would be provided with a further briefing on such matters, as appropriate.

Responding to an enquiry regarding the increased costs experienced in relation to the provision of fleet vehicles, the Board received an update on the approach being taken towards the management of the Council’s current vehicle fleet, together with the ongoing review to inform the medium to longer term strategy. It was noted that the approach to such matters would contribute towards the target of achieving net zero emissions for the city by 2030.

Regarding an enquiry on the projected reduction in the level of recycling income received by the Council from the Green Bin waste due to a fall in market prices, it was noted that currently there was no significant impact projected on the 2023/24 Communities, Housing and Environment directorate budget, however, it was undertaken that this issue would continue to be monitored and that Executive Members would be kept informed, as appropriate.

RESOLVED –

(a)  That it be noted that at Month 10 of the financial year (January 2023) the Authority’s General Fund services are forecasting an overspend of £13.7m and that the Housing Revenue Account is forecasting a balanced position;

(b)  That it be noted, that where an overspend is projected, directorates, including the Housing Revenue Account, are required to present action plans to mitigate their reported pressures, in line with the Revenue Principles agreed by Executive Board in 2019; with it also being noted that savings actions identified to date are included in the reported overspend position and (as referenced in the correction detailed above), actions will continue to be identified for receipt at the April 2023 meeting of Executive Board;

(c)  That it be noted that known increased inflation and known impacts of the rising cost of living, including the agreed 2022/23 pay award, have been incorporated into this reported financial position, with it also being noted that these pressures will continue to be assessed, with the latest position being incorporated into future reports to be received by this Board.

Leeds City Council are proposing to change the age range of Wykebeck Primary School from 3-11 years to 2-11 years, in order to create 24 places for 2-year-old children with effect from September 2023.

There were 13 representations received to the public consultation with 11 comments, 9 supporting the proposal and 2 objecting.

The decision on the proposal has been classed as a “key decision” as the outcome would have a significant effect on nursery aged children in the Gipton and Harehills ward in Leeds.

If any objections are received, this would be raised with the Exec member for discussion with the chair of scrutiny board.

Further to Minute No. 93, 14^th December 2022, the Director of Children and Families submitted a report regarding a proposal to lower the age range of Wykebeck Primary School from 3-11 years to 2-11 years and create Free Early Education Entitlement (FEEE) provision for 24 eligible 2-year-olds in the area. Specifically, the report also invited the Board to consider and note the outcomes from the statutory notice process and recommended approval of the proposal, as presented.

RESOLVED –

(a)  That the outcome of the statutory notice period, as detailed within the submitted report, be noted;

(b)  That the recommendation to permanently change the age range of Wykebeck Primary School from 3-11 to 2-11, with effect from September 2023, be approved;

(c)  That the resolutions within this minute be exempted from Call In for the reasons of urgency, as set out in paragraph 31 of the submitted report;

(d)  That it be noted that the responsible officer for the implementation of such matters is the Head of Learning Systems.

(The Council’s Executive and Decision Making Procedure Rules state that a decision may be declared as being exempt from the Call In process by the decision taker if it is considered that the matter is urgent and any delay would seriously prejudice the Council’s, or the public’s interests. In line with this, the resolutions contained within this minute were exempted from the Call In process, as per resolution (c) above, and for the reasons as detailed above and as set out within section 31 of the submitted report)

To authorise the Director of City Development to enter into a funding contract with West Yorkshire Combined Authority for the Ad:Venture and Digital Enterprise Business Support Programmes.

To approve the authority to spend up to £5m of devolution gainshare funding on the Ad:Venture Programme and up to £4,676,147 of UK Shared Prosperity Fund on the Digital Enterprise Programme by March 2026.

The Director of City Development submitted a report which provided an update on the Ad:Venture programme and Digital Enterprise Business Support programme which had been delivered by the Council on behalf the Leeds City Region since 2016. The report outlined the efforts made by the Council in developing new funding packages for these programmes and sought approval to enter into a series of contracts and funding agreements with the principal funder – West Yorkshire Combined Authority (WYCA) and delivery partners.

In presenting the report, the Executive Member provided an overview of the support and opportunities which had been delivered as a result of both programmes since 2016, and the role of such programmes in contributing towards the growth of the local economy.

Responding to a Member’s enquiry, the Board received further details on the actions which were being taken, and which continued to be developed, in order to proactively market and promote the programmes across all communities. It was noted that whilst such an approach would focus upon West Yorkshire moving forward, it was anticipated that proposed developments in the marketing approach would further improve how the programmes targeted their services in future.

Also in response to a Member’s enquiry, the Board received further detail on the processes in place to monitor and measure the outcomes arising from the programmes, with it being noted that there was an established evaluation procedure in place, and that the outcomes from that process were considered by WYCA, as appropriate. 

RESOLVED –

(a)  That the progress and success of Ad:Venture and Digital Enterprise which has been achieved to date in supporting businesses and individuals across the Leeds City Region, be noted;

(b)  That the necessary authority be delegated to the Director of City Development in order to enable the Director to enter into contract with West Yorkshire Combined Authority for the Ad:Venture and Digital Enterprise Business Support Programmes;

(c)  That the necessary authority be delegated to the Director of City Development in order to enable the Director to enter into funding agreements with delivery partners and take all necessary actions to ensure that the Ad:Venture and Digital Enterprise programmes continue to support businesses and individuals across West Yorkshire;

(d)  That the authority to spend up to £5m of Gainshare funding on the Ad:Venture Programme, and up to £4,676,147 of UK Shared Prosperity Fund (UKSPF) on the Digital Enterprise Programme, be approved.

The Children and Young People’s Plan (CYPP) is periodically updated, or refreshed, to ensure that it remains relevant to improving outcomes for children, young people, and their families living and working in Leeds.  The CYPP requires approval at Full Council as it sits in the Budget and Policy Framework and will therefore be exempt from call-in. Executive Board are being asked to refer the CYPP to Full Council for adoption.

The Director of Children and Families submitted a report which, informed by a formal consultation exercise, presented a refreshed version of the Children and Young People’s Plan for the Board’s consideration, and which sought the Board’s approval for the submission of the plan for the period 2023 to 2028 to Full Council with the recommendation of formal adoption.

In introducing the report, the Executive Member provided an overview of the key proposals within the refreshed plan, with the comprehensive consultation exercise which had informed the review process being highlighted. Specific reference was made to the plan’s consideration at Children and Families Scrutiny Board, the Leeds Children and Young People’s Partnership and also the engagement which had taken place with children and young people themselves, which it was noted, had been key to the formation of the refreshed 12 Child Friendly ‘Wishes’. It was also noted that the plan setout the vision and objectives for the Council and the wider partnership in terms of working with children and young people, and that the refresh was being undertaken in order to acknowledge the significant changes and challenges which had occurred in recent years.

In response to a Member’s comments regarding the proposed format of the plan, it was noted that whilst the plan was comprehensive and reflected the wishes of children and young people, it was felt that it was succinctly presented.

Responding to a Member’s comments, the Board received further detail on the plan’s objectives, and how the work streams that lay beneath the plan were consistent with the ongoing actions taking place to manage the financial, resource and demand based challenges which continued to be faced in this area.

RESOLVED –

(a)  That following the associated consultation exercise undertaken in late 2022 (a summary of which is presented in Appendix 2 to the submitted report) the proposals for a refreshed Children and Young People’s Plan, as presented, be noted;

(b)  That approval be given for the refreshed Children and Young People’s Plan 2023 to 2028 (as presented in Appendix 1 to the submitted report) to be submitted to Full Council on 12 July 2023, with a recommendation of formal adoption.

(The matters referred to within this minute, given that they were decisions being made in accordance with the Budget and Policy Framework Procedure Rules, were not eligible for Call In, as Executive and Decision Making Procedure Rule 5.1.2 states that the power to Call In decisions does not extend to those decisions being made in accordance with the Budget and Policy Framework Procedure Rules)

The Interim Director of Adults and Health has approved:-

·  A 24-month extension for the Reassessment Team on the delivery of Value for Money (VfM) work and discreet commissioning programmes of work which will result in both cashable and non-cashable savings. The focus will primarily be reassessments and reviews and there are a significant number of individuals across learning disability and mental health who have not had reviews since 2021 back to 2009. In addition there are 107 individuals in the learning disability service with no recorded review on CIS.

The Interim Director of Adults and Health has noted:-

·  That the work is overseen by the Head of Service for Specialist Services and the relevant Service Delivery Managers within those areas.

Approval to tender the Bikeability Cycle Training Contract 2023

The Chief Officer (Highways and Transportation) has approved the tender of and evaluation of subsequent submissions for the Bikeability Cycle Training Contract (the Contract) from 1st September 2023 to 31st August 2025 with the option to extend the contract for a further 2 years to 31st August 2027.

Tail Spend Solution is a digital purchasing system which the Buyer and Supplier willuse. These are products that are often low volume and low value which we buy to meet a specific, short term need and are unlikely to buy again or in the near future. The tail spend solution will enable the council to capture this expenditure and re-brand as on contract spend that delivers social value based on local spend with local (Leeds) suppliers.

The Director of Resources gave authority to procure a Tail Spend Solution from 1^st April 2023 to 31^st March 2027 (subject to the successful trial of up to 6 months with CEL).

The estimated contract value is £500,000 per annum.

The Chief Officer Community Hubs, Welfare and Business Support gave approval to award Burmantofts Community Projects £185,240 to secure the delivery of Money Buddy advice services from April 2023 – April 2024. This will effectively establish money and budgeting support in 22 venues across the city, providing much needed IAG to Leeds Citizens during the cost of living crisis.

To enter into a grant agreement with the Department for Business Energy and Industrial Strategy for the delivery of a help to heat scheme; to accept grant funding to deliver this scheme and inject into the capital programme; to extend existing contracts and to undertake a procurement exercise for a new contractor to deliver works to homes under the scheme; and to undertake a recruitment exercise to appoint staff to deliver the scheme.

The Director of Resources gave authority to:

a) Enter into a grant agreement with the Department for Energy Security and Net Zero

b) Receive up to £15.5m of grant funding and inject the full value of the grant funding into the capital programme and provide authority to spend

c) Provide authority to extend existing Housing Leeds contracts where appropriate to allow leaseholder or right to buy properties to be retrofitted using Help to Heat funding

d) Provide authority to procure to secure a contractor via the new WYCA Energy Efficiency and Carbon Reduction Framework once available

e)Note that the grant provides funding for staff resources and, subject to consultation with the Unions, agree to add up to 4 fixed term posts to the structure to support delivery of the Help to Heat project and provide authority to recruit these posts.

Approval to tender the Pumping Stations and Flood Alleviation Scheme 1  Maintenance Contract 2023

The Chief Officer (Highways and Transportation) has approved the tender of the Pumping Stations and Flood Alleviation Scheme 1 Maintenance Contract 2023, the contract period will be from 19th July 2023 to 18th July 2025 with the option to extend the contract for a further 2 years to 18th July 2027.

The Interim Director of Adults and Health has:-

a)  Approved an increase in the fee rates as detailed in the table in paragraph 15 i below for the externally commissioned home care services with the Primary and Framework Providers for the financial year 2023/2024.

b)  Approved the fee increase and agree the new cost structure stated in paragraphs 16 ii and 16 iii of this report for the independent sector older people’s care homes overarching agreement for the financial year 2023/2024.

c)  Approved an increase in the hourly rates for Extra Care and the Direct Payments rate for Personal Assistants, in accordance with the home care rate increases to be applied to the Primary and Framework providers as stated in the report.

d)  Approved an increase of in line with the hourly rates for home care services for those services commissioned on a spot purchase basis where relevant.

e)  Approved an increase of 9% in the hourly rates for Community Based Short Breaks Providers to be managed within the overall budget for this service.

f)  Approved the allocation of £11,958,434 to manage all uplift requests for 2023/2024 for all independent sector Learning Disability providers and £6,077,402 to manage all uplift requests for 2023/2024 for all other working age adult independent sector providers.

g)  Approved the process of standardised uplift offers with providers of services for working age adults, during the course of 2023/24, based on the use of our adapted Care Cost Calculator and on rigorous value for money audits of the Service Cost Analysis Form (SCAF) submitted by the providers.

h)  Agreed that all increases in fees shall be applied from, the 3^rd April 2023.

i)  Noted the relevant Head of Commissioning will implement this decision immediately following the expiry of the call in period by issuing letters to the care providers to inform them of this decision and updating the Client Information System to allow payments to be made at the new rate or commencing the discussions with providers where relevant.

This refugee integration programme will improve the integration of refugees in Yorkshire and Humber through a ‘whole-region’ approach, coordinating strategic and operational interventions underpinned by comprehensive evidence and refugee participation. Refugee Integration Yorkshire & Humber will deliver a regional strategy with commitments from all partners, galvanise key services and civil society, and provide support and opportunities for individual refugees.

What decision has been taken?

(Set out all necessary decisions to be taken by the decision taker including decisions in relation to exempt information, exemption from call in etc.)

The Director of Communities, Housing and Environment gave approval to:

a) Accept grant agreements from the Home Office to manage the refugee integration programme.

b) Extend partnership agreements for delivery of the refugee integration programme with the following organisations:

• Barnsley Metropolitan Borough Council
• Calderdale Metropolitan Borough Council
• City of Bradford Metropolitan District Council
• Doncaster Metropolitan Borough Council
• Institute for Public Policy Research (IPPR)
• Kingston upon Hull City Council
• Kirklees Metropolitan District Council
• Migrant English Support Hub (MESH)
• North East Lincolnshire Council
• Rotherham Metropolitan Borough Council
• Sheffield Hallam University
• Solidaritech CIC
• University of Huddersfield
• Wakefield Metropolitan District Council

c) Note any future decisions will be taken as significant operational decisions on the back of this key decision in partnership with the participating organisations, and if funding continues to be received.

d) Enter into agreements with other organisations that the Head of Migration Yorkshire believes are required to deliver the refugee integration programme.

e) Enter into such other documents that the Head of Migration Yorkshire believes are needed to enable Leeds City Council to deliver the refugee integration programme.

With assistance from the West Yorkshire Combined Authority (WYCA), additional funds to cover the cost of inflation have now been allocated to the scheme from Business, Energy, and Industrial Strategy (BEIS) funding. The purpose of this decision is therefore to enter into a funding agreement with WYCA, authorise the injection and give authority to spend a further £12.565m into the LFAS2 capital budget. 

The Chief Officer Highways & Transportation:

a)  gave authority to enter into a funding agreement with the managing authority WYCA;

b)  authorised an injection and gave authority to spend £12.565m from Business, Energy, and Industrial Strategy (BEIS) funding for works on the LFAS2 capital programme. 

This decision sits under previous key decisions which were approved in February 2019, March 2021, and May 2022.

Approval to tender the Yorkshire Highway Alliance Supply of Precast Concrete Kerbs and Flags Contract 2023

The Chief Officer (Highways & Transportation) has approved the request to tender and undertake subsequent evaluation of submissions to the Yorkshire Highway Alliance (YHA) for the Supply of Precast Concrete Kerbs and Flags Contract 2023.

To approve the programme of planned highways asset maintenance works (Roads) for the 2023/24 financial year (with a provisional programme for 2024/25 to 2027/28) and give authority to incur expenditure linked to these works.

The Chief Officer (Highways and Transportation);

a)  gave authority to incur expenditure of £24,937,778 (£21,133,710 works costs and £3,804,068 internal staff) funded from the 2023/24 City Region Sustainable Transport Settlement (£11,937,778) and Leeds City Council Capital Resources (£13,000,000);

b)  approved the addition of the schemes listed in appendix B to this report into the Highways Infrastructure Maintenance Programmes 2023/24;

Approval to Tender the Watercourse Maintenance Contract 2023

The Chief Officer (Highways and Transportation) has approved the request to tender and undertake subsequent evaluation of submissions for the Watercourse Maintenance Framework 2023 to 2025, with an initial contract period of two years, with the option to extend for a further two years.

LBS is currently mobilising a number of new materials providers. This is a complex project that requires a significant amount of ICT interfacing between the Council’s Total Connect system and the new providers’ systems - in addition to other mobilisation matters such as acquiring new premises.

The service is therefore seeking approval to vary the contract with the existing provider, Wolseley UK Limited for 3 months. This will ensure that LBS and the new suppliers have sufficient time to mobilise and ensure a smooth handover.

The contract Wolseley UK Ltd will be varied, and extended untill 30^th June 2023.

The Director of Resources has approved the proposal to vary the existing contract with Wolseley UK Limited and extend the provision for a period of three months, 1^st April 2023 to 30^th June 2023, in accordance with Public Contract Regulations - Regulation 72 1(b) with an estimated value of £1,000,000. 

What decision has been taken?

(Set out all necessary decisions to be taken by the decision taker including decisions in relation to exempt information, exemption from call in etc.)

The Director of Public Health has:-

Granted authority to procure the ‘Home Independence and Warmth Service’ utilising the Negotiated Procedure without Prior Publication of a Notice under Regulation 32 (2) (b) (ii) of the Public Contracts Regulations 2015, as these services can only be provided by Care and Repair (Leeds) in partnership with Age UK (Leeds) and Groundwork (Leeds) owing to the absence of competition for technical reasons.  The award of the contract will be subject to the satisfactory completion of procurement and governance processes.

Approved a contract period of 3 years commencing 1^st October 2023 (with an option to extend for a period of up to 2 years in any combination).

Approved the confirmed budget of £570,367 per annum which is £366,870 from Public Health and £203,497 from Communities, Housing and Environment; and

Approved that a further £150,000 per annum funding from the Integrated Care Board, which is to be submitted to the Board for approval on 23^rd February 2023, be allocated to this service should approval be granted; this would allow a maximum budget of £720,367 per annum and £3,601,835 for the overall contract period should the full extension be taken up. Should the Integrated Care Board not approve the additional funding then the award would be £570,367 per annum. The utilisation of the extension period will be subject to a separate decision at the appropriate time and will be as a direct consequence of this decision.

Noted that a report will be submitted for approval at the end of the procurement process to approve the contract award, which will be a direct consequence of this key decision and will therefore be a significant operational decision and not be subject to call in.

Determination of the formula to be used to allocate the Early Years block of the Dedicated Schools Grant, including the hourly funding rates to be paid to all Funded Early Education Entitlement (FEEE) childcare provider.

In the absence of the Director of Children & Families, the Chief Officer, Resources and Strategy approved the decision that the entire £5.87 per child per hour paid to the local authority in the DSG Early Years grant for 2-year-olds is paid in full to providers (increase of £0.30 per hour per child on 2022/23). 

The Chief Officer, Resources and Strategy also approved the breakdown of the Funded Early Education Entitlement for 3 and 4-year-olds as follows: 

·  £0.20 centrally retained (increase of 2p from 2022/23) 

·  £0.19 deprivation supplement (no change from 2022/23)   

·  £0.05 SENDIF (no change from 2022/23)

·  +£0.08 to minimise potential for overall grant surplus at year end 

·  £4.92 base rate paid to all providers (up £0.14 from 2022/23)