Decisions

The council is responsible for deciding on the allocation of the High Needs Supplementary funding to provide for the cost of the Health and Social Care Levy and wider costs.

The Director of Children & Families approved the decision as detailed below.

Settings currently receiving FFI top up of £650 per unit will receive an increase to £672 per unit, this will be backdated to April 2022.  This £22 unit increase represents a 3.4% increase in the unit rate.  For special school setting, the unit rate will be increased from £684 to £708 (which equates to an increase of 3.51%).  These increases are expected to equate to additional total top up payments of up to £1.5m.  The FFI unit rate will be reviewed in future years in accordance with the level of high needs funding received.

To approve the spend of the Disabled Facilities Grant budget of £8.286M

The Director of Communities, Housing and Environment agreed the DFG budget spend for 2022/23

a)  The Director of Adults and Health approved the direct award of two-year contracts with the option to extend for a further period of up to 12 months in any combination in accordance with Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 (Use of the negotiated procedure without prior publication) to:

i.  Methodist Homes Association for the provision of extra care services at Assisi Place. This contract is to commence 1^st April 2023 and is for a total value of £1,027,867.16; This includes the value of the available extension, which would be subject to a separate decision at the appropriate time. The value of the initial two-year contract will be £685,244.00

ii.  Methodist Homes Association for the provision of extra care services at Yew Tree and Rosewood Court. This contract is to commence 1^st April 2023 and is for a total value of £1,441,208.82, This includes the value of the available extension, which would be subject to a separate decision at the appropriate time. The value of the initial two-year contract will be £960,806.00; and

iii.  Creative Support for the provision of extra care services at Hampton Crescent. This contract is to commence 1^st April 2023 and is for a total value of £923,361.00. This includes the value of the available extension, which would be subject to a separate decision at the appropriate time. The value of the initial two-year contract will be £615,574.00.

b)  Officers on behalf of Adults and Health Integrated Commissioning and Procurement and Commercial Services will complete all the actions necessary to ensure these contracts are in place for the 1^st April 2023. Commissioning officers with support from the Service and Transformation Team, Legal, Housing Leeds, the Equality Team, Social Work and the Occupational Therapists will continue to finalise work with the goal of bringing all three schemes in line with the Leeds Model of Extra Care and the wider work around home care commissioning.

The Director of Public Health has:-

Approved a contract variation to the Community Drug and Alcohol Prevention, Treatment and Recovery Service (DN210921) (Forward Leeds) provided by Humankind Charity to bring forward the contract end date to 31^st March 2023.

Granted authority to procure an ‘Integrated Community Drug and Alcohol Service’ utilising the provision under Regulation 32 of the Public Contracts Regulations 2015 - negotiated procedure without prior publication of a notice and to directly award a contract to Humankind from 1 April 2023.

Approved a contract length period of 5 years for the maximum value of £87,917,027 (with the option to extend for a period of up to 60 months in any combination) with a maximum 10-year budget of £176,287,103.

Granted approval to evaluate the tender based on a 100% quality under Contract Procedure Rule 15.2 (b) on the grounds that it is a set budget confirmed with Office for Health Improvement and Disparities (OHID), which the Council is seeking to obtain the best quality service available.

Noted – the responsibility for implementation of these decisions is with Public Health, the Adults and Health Integrated Commissioning Team, Human Resources and Procurement and Commercial Services.

The Chief Officer for Environmental Services has noted the content of this report and approved the appointment of the following tenderers as suppliers under Year 4 (1^st October 2022 to 30^th September 2023) of the Household Waste Site Recycling Framework. Estimated value of the Call Off is £3.4m

The Director of Resources submitted a report which presented details of the Council’s performance regarding health, safety and wellbeing matters over the period 1 April 2021 to 31 March 2022. The report provided context and assurance on how such matters were being managed by the Council and highlighted what had been achieved over the past year, whilst also detailing the challenges and priorities which had been identified moving forward. 

The Executive Member for Resources extended her thanks to the officers who had worked throughout the pandemic to enable Council services to continue in environments where risk from Covid was minimised.

RESOLVED –

(a)  That the contents of the submitted report, be noted;

(b)  That the robust, yet proportionate approach towards risk management being taken within the Council, be recognised.

The Director of Resources submitted a report which sought approval of proposed governance changes at West Yorkshire Joint Services (WYJS) together with changes to the underpinning legal agreement. Specifically, the report highlighted how the WYJS Joint Committee was recommending a slimmed down model of governance which would deliver the statutory functions of the five Councils, whilst at the same time minimising bureaucracy and increasing accountability and visibility of the services provided.

The Board highlighted that the review which had been undertaken together with the proposals within the report were timely and welcomed. Members also extended thanks to the Leeds City Council representatives upon the West Yorkshire Joint Services Committee for the work they undertook in carrying out those roles.

RESOLVED – That the refreshed Joint Agreement, as presented at Appendix A to the submitted report, and the Addendum, as presented at Appendix B, be approved.

Further to Minute No. 22, 27 July 2022, the Chief Executive submitted a report which presented an update on the current estimated position of Covid-19 in the city and its ongoing impact; a brief review of the pandemic since March 2020; an overview of the seven Response and Recovery Plan’s themes; together with details of the ongoing work within the Council and with partners in response to the pandemic, which was now largely under ‘business as usual’ arrangements. It was also noted that this was anticipated to be the final Covid-19 update report to the Board.

In introducing the report, on behalf of the Board, the Leader highlighted that Members’ thoughts continued to be with all those who had lost loved ones to Coronavirus throughout the pandemic.

In considering the report, Members paid tribute to all Council officers and Members, together with partner organisations who had contributed towards the city’s response and recovery from the pandemic. In addition, it was highlighted that the partnership approach which had been so effective throughout the pandemic continued to be reflected within the Council’s Best City Ambition.

Further to this, Members received an update on the actions which continued in response to Covid-19, with reference being made to the ongoing preparations for winter pressures. In conclusion, Members highlighted the need to ensure that all partners remained vigilant with regard to the circulation of the virus.

RESOLVED –

(a)  That the ongoing key issues identified, together with their continual progression as part of regular working arrangements, as detailed within the submitted report, be noted;

(b)  That the tragedy of lives lost to Covid-19 and to all those who have been impacted both personally and professionally, be recognised and remembered;

(c)  That thanks be extended to all Council staff and partners for their relentless efforts, which ensured the system-wide partnership supported communities and organisations as far as possible with the resources and information available at the time;

(d)  That the lessons learnt be noted, together with how they have been incorporated into wider work, such as the Best City Ambition; with it also being noted that the series of Covid reports which have been submitted to Executive Board will inform any response required as part of the upcoming UK Covid-19 Inquiry.

The Chief Officer (Financial Services) submitted a report providing an update on the financial health of the Authority in respect of both the General Fund revenue budget and the Housing Revenue Account, as at month 4 of the 2022/23 financial year.

Prior to the meeting Board Members had been provided with supplementary information in the form of an updated Appendix 3 to the submitted report.

By way of introduction to 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 £12.1m was projected for the Authority’s General Fund services, as at month 4 of 2022/23.

Regarding a recent Government announcement relating to a cut in energy bills for non-domestic customers including public sector organisations, a Member requested that further detail be provided to Executive Members on the implications of this announcement for the Council, once it was known. Also, it was requested that further information be provided to Executive Members regarding the implications for the Council in relation to the pay award, should there be any further developments on such matters in advance of the next scheduled Executive Board meeting.  In response, it was undertaken that Executive Members would continue to be briefed on relevant matters, as appropriate.

Responding to specific enquiries, the Board received further information on the actions being taken and progress being made by directorates in response to their respective budgetary pressures. Members also received an update on the current position regarding targeted savings in terms of procurement, how the current financial situation was impacting upon those targets, and the actions which were being taken in mitigation.

With regard to service reviews being undertaken by directorates, a Member highlighted the benefit of a consistent approach being taken towards the presentation of such individual reviews, whilst a Member reiterated the importance for the Board to be made aware of details regarding ‘Business As Usual’ plans also.

RESOLVED –

(a)  That the contents of the submitted report, including the updated appendix 3, as referenced above, be noted;

(b)  That it be noted that as at Month 4 (July) of the 2022/23 financial year the Authority’s General Fund services are forecasting an overspend of £12.1m and that the Housing Revenue Account is forecasting an overspend of £3.1m;

(c)  That where an overspend is projected, it be noted that directorates, including the Housing Revenue Account, will be required to present action plans to mitigate their reported pressures, in line with the Revenue Principles as agreed by Executive Board in 2019, with it also being noted that these proposals are to be received at the October 2022 Executive Board;

(d)  That it be noted that known increased inflation and known impacts of the rising cost of living, including the 2022/23 pay offer, have been incorporated into the submitted 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 Executive Board.

The Chief Officer (Financial Services) submitted a report presenting an update on the Council’s Medium Term Financial Strategy for the period 2023/24 to 2027/28, and which set out both the context and the factors that had influenced the shape of the strategy.

Members highlighted the fast-paced nature in which the financial position continued to evolve.

Responding to an enquiry regarding the Capital Programme, a Member requested that further information be provided regarding the level of Capital expenditure which was being proposed that was not supported by external sources.

With regard to a Member’s specific enquiry regarding the Housing Revenue Account (HRA), the Board received further information regarding the potential implications for the HRA as a result of the evolving economic position.

In conclusion, given the current position, emphasis was placed upon the need for the Council, and the sector as a whole, to receive details of the Local Government Finance Settlement at the earliest opportunity in order to enable appropriate planning and consultation to be undertaken, with it being highlighted that collectively, the case needed to be made to Government for the Local Government sector to receive the appropriate resource.

RESOLVED – That the updated Medium Term Financial Strategy for 2023/24 to 2027/28, as appended to the submitted report, be noted.

The Director of Communities, Housing and Environment submitted a report which sought approval of the Equality Improvement Priorities Annual Report 2021 – 2022, including agreement to a proposed refreshed equality improvement priority for 2022 – 2025 for the Children and Families directorate.

In introducing the report, the Executive Member for Communities provided an overview of the progress which had been made against each priority over the past year, and highlighted the actions which were being taken in response to the challenges that continued to be faced. With regard to the development of the Council’s ‘Vision for Equality Diversity and Inclusion’, it was noted that work on the Vision continued and that it was expected to be submitted to the Board for consideration in the coming months.

Responding to a Member’s comments, the Board received an update regarding the work of the Equalities Champions.

RESOLVED –

(a)  That the Equality Improvement Priorities Annual Report 2021 – 2022, as detailed at appendix 1 to the submitted report, be approved;

(b)  That approval be given to the Children and Families directorate’s request to shift the focus of the Educational Attainment priority onto racial equality, as outlined in appendix 2 to the submitted report;

(c)  That it be noted that the Director of Communities, Housing and Environment is responsible for the implementation of the resolutions above.

To endorse a post pandemic scheme for the redevelopment of the subject site to provide a 143 bed hotel with ground floor commercial units.

The Director of City Development submitted a report on the Council’s long-held ambition to regenerate George Street and create both a new ‘front door’ to Kirkgate Market and improve connectivity and linkage with the Victoria Gate development, Leeds Central Bus Station and beyond to the new developments on Quarry Hill. The report sought approval to a revised, post-pandemic delivery structure for the redevelopment of George Street, with the City Council taking the role of developer of a 143-bed hotel over ground floor commercial units and a potential Council operated leisure and wellbeing facility.

In welcoming the proposals, Members highlighted the beneficial impact from the redevelopment of George Street upon Kirkgate Market.

Following consideration of Appendix 1 to the submitted report designated as being exempt from publication under the provisions of Access to Information Procedure Rule 10.4(3), which was considered in private at the conclusion of the public part of the meeting, it was

RESOLVED –

(a)  That the contents of the submitted report be noted, and that the proposed post-pandemic delivery structure for the redevelopment of George Street, as detailed within the submitted report, be endorsed;

(b)  That an injection of £9.261m into the Capital Programme (existing Scheme No, 32544/GEO) be authorised, and that Authority to Spend of the same for the proposed redevelopment of George Street, be approved;

(c)  That the provisionally agreed Heads of Terms for the grant of an Agreement for Lease and Lease to the proposed hotel operator, as detailed in exempt Appendix 1 to the submitted report, be approved;

(d)  That the necessary authority be delegated to the Director of City Development, to enable the Director to take all subsequent decisions that may be necessary for the delivery of the redevelopment of George Street, with the concurrence of the Executive Member for Infrastructure and Climate.

Further to Minute No. 14, 23 June 2021, and further to the consideration of such matters at Development Plan Panel (6^th September 2022), the Director of City Development submitted a report which sought endorsement of the Local Plan Update 1 Publication Draft policies, as submitted, and which sought approval to undertake public consultation on the Publication Draft, as well as accompanying consultation documentation. The report outlined how the Plan looked to introduce new, or revised planning policies to help further address the imperative of the climate emergency, improve health and wellbeing and address the ecological emergency. In addition, the report included a summary of the proposed draft policies as well as details of previous statutory and non-statutory consultation that had informed them.

Prior to the meeting Board Members had been provided with supplementary information in the form of a revised ‘Water 6A: Safe Access and Egress’ policy section within Appendix 1 to this report, which it was noted, had been updated in light of the Government’s amended Planning Practice Guidance of 25 August 2022.

By way of introduction to the report the Executive Member for Infrastructure and Climate highlighted the key aspects and objectives of the draft policies, how they were ambitious and aspirational in nature, and how they were consistent with the Council’s relevant existing plans and strategies. In conclusion, the Executive Member extended her thanks to all who had contributed towards developing the policies to date.

Responding to a Member’s comments regarding the importance of ensuring that the associated consultation process was meaningful and fully accessible, assurance was provided that this would be the case, that different methods of consultation would be undertaken to maximise the response received, and that an engagement plan was being drawn up to support such matters.

A Member commented upon the key role played by developers in the delivery of sustainable developments and housing. In response, the importance of the Council’s relationship with developers across the city was highlighted, and how the development of the policies being presented together with the associated engagement with developers, alongside consultation with communities and other key stakeholders, was key to ensuring that progress continued to be made in the field of sustainable development. 

Also, a Member highlighted the importance of ensuring that further consideration was given to the ways in which greenspace and landscaping, which formed part of developments, were maintained in the longer term and, where appropriate, how the community could influence how it was utilised, and how such matters could be factored into the Local Plan process.  In response, Members’ comments were noted and whilst it was acknowledged that there were challenges in this area, it was envisaged that the proposed policies would strengthen the Council’s position in terms of place making and greenspace.

RESOLVED –

(a)  That subject to the incorporation of the updated ‘Water 6A: Safe Access and Egress’ policy section within Appendix 1, as referenced above, the proposed Publication Draft policies and supporting paragraphs of the Local Plan Update 1, as set out in Appendix 1, and the Sustainability Appraisal, as set out in Appendix 2, be endorsed;

(b)  That subject to the incorporation of the updated ‘Water 6A: Safe Access and Egress’ policy section within Appendix 1, as referenced above, 8 weeks consultation of the proposed Publication Draft policies and supporting paragraphs as set out in Appendix 1, together with supporting technical information (comprising Sustainability Appraisal at Appendix 2, Habitat Regulations Assessment at Appendix 3, Report of Consultation at Appendix 4 and Duty to Co-operate Statement at Appendix 5), be approved; with it being noted that this will be accompanied by additional draft supporting consultation documentation, including the Council’s evidence base and background papers alongside accessible summary material for consultation purposes;

(c)  That the necessary authority be delegated to the Chief Planning Officer, in consultation with the Executive Member for Infrastructure and Climate, in order to enable the Chief Officer to approve any detailed technical or drafting amendments to the consultation material in advance of public consultation;

(d)  That it be noted that the Chief Planning Officer is responsible for the implementation of the resolutions above.

(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)

(During the consideration of this item, Councillor Golton drew to the Board’s attention the fact that he was Vice President of Leeds Allotment Federation)

The Leeds Safe Roads Vision Zero 2040 road safety strategy details how Leeds City Council and partners will work towards achieving our vision ‘to ensure that by 2040 no one is killed or very seriously injured on the roads in Leeds’.

Executive Board will be requested to:

a)  Agree to the adoption and publication of the Leeds Safe Roads Vision Zero 2040 Strategy and first Action Plan 2022-25.

b)  Accept an annual progress report of the Strategy and Action Plan.

c) Agree that the Director of City Development alongside the Chief Officer Highways and Transportation will lead on implementing the delivery of the Leeds Safe Roads Vision Zero 2040 Strategy and Action Plan.

d)  Note that future funding required to achieve our Vision Zero ambition in Leeds will be identified through work on delivery plans.

Further to Minute No. 120, 9^th February 2022, the Director of City Development submitted a report regarding the Leeds Safe Roads Vision Zero 2040 Strategy which set out the Council’s ambition that by 2040 no one is killed or seriously injured on the roads in Leeds. The report sought approval to adopt the Leeds Safe Roads Vision Zero 2040 Strategy and associated Action Plan 2022-25.

The Executive Member for Infrastructure and Climate outlined the approach proposed to be taken by the strategy, and in doing so, extended her thanks to the significant contribution which had been made by the Infrastructure, Investment and Inclusive Growth Scrutiny Board in its development.

In considering the report, Members supported the proposals to work towards the ambition that by 2040 no one is killed or seriously injured on the roads in Leeds.

Responding to Members’ comments about the role of the Council in the delivery of the strategy, the Board received further information on the approach that would be taken to implement the ambitions within it and the provision of resource for that. In response to Members’ comments regarding the vital role played by the Council in such matters, it was highlighted that although the Council would continue to play that role, the success of the strategy would also require a behavioural shift in the community, which would be supported and promoted by the Council together with relevant partners via a range of actions. It was noted that this would include further reports being submitted to Executive Board, as appropriate.

Specific enquiries were also made in relation to the introduction and enforcement of new speed limits on specified roads, with further information being provided on the established procedure relating to such matters and the role played by the Council in partnership with the Police as part of that. In response to a specific case, officers undertook to look into that matter further and respond to the Member in question.

In conclusion, thanks was extended to officers and partners who had helped develop the proposed strategy to its current position.

RESOLVED –

(a)  That the adoption and publication of the Leeds Safe Roads Vision Zero 2040 Strategy and first Action Plan 2022-25, as appended to the submitted report, be approved;

(b)  That it be noted that an Annual progress report regarding the strategy will be presented;

(c)  That it be agreed that the Director of City Development alongside the Chief Officer Highways and Transportation will lead on the implementation of the delivery of the Leeds Safe Roads Vision Zero 2040 Strategy and Action Plan;

(d)  That it be noted that future funding required to achieve the Council’s Vision Zero ambition in Leeds will be identified through work on delivery plans.

Approve the addition of 9 council owned sites to meet the needs of the Council housing growth programme as a key decision and note that subsequent procurement and contract approvals will be approved by the Director of City Development under the Council’s existing approved scheme of delegation.

The Director of City Development submitted a report which provided an update on the progress being made with regard to the Council’s direct housing delivery programme. In addition, the report proposed the introduction of several additional sites and set out proposals for revised and updated principles for rent setting and viability appraisal of schemes.

In presenting the report, the Executive Member provided an update on the progress being made in the delivery of Council housing across the city and the key aspects of the growth programme.

Members discussed the high level of demand which continued to exist for Council housing and considered the performance of the Authority and the approach it was taking in the delivery of Council house provision across the city.

Responding to a Member’s specific enquiry, the Board received an update regarding the Oldfield Lane site, as referenced in the programme summary within appendix 1 to the report.

With regard to the Richmond House site within Calverley and Farsley Ward, clarification was provided by the Executive Member who represented that Ward on the specific proposals he would be supportive of, as they differed from what had been outlined within the report. Such comments were acknowledged and officers undertook to keep Ward Members updated on progress in relation to this site.

RESOLVED –

(a)  That the progress made in delivering the Council Housing Growth Programme, as detailed within the submitted report, be noted;

(b)  That the addition of the sites presented in Table 2 to the submitted report as a key decisionto meet the needs of the programme, be approved, with it being noted that subsequent procurement and contract approvals will be approved by the Director of City Development under the Council’s existing approved scheme of delegation;

(c)  That the revised rent setting principles, the approach to determining scheme viability for new homes, as set out within the submitted report, and those proposed for acquisitions and the extra care housing programme, be approved;

(d)  That the proposed realignment of acquisition funds to enable the Council’s property buyback programme to continue for a further 2-3 years, as detailed within the report, be noted.

To endorse the Leeds Affordable Housing Growth Partnership Action Plan 2022-25 and the Council’s role in its delivery, including use of land assets, use of commuted sums, providing an evidence base for consideration through Local Plan update.

To delegate final approval of the LAHGPAP to the Director of City Development under the Council’s existing approved scheme of delegation.

The Director of City Development submitted a report presenting the Leeds Affordable Housing Growth Partnership Action Plan 2022-25 which had been developed following the wide-ranging consultation undertaken and which aimed to make a step-change in the scale and quality of affordable housing delivery over the next three years.

In introducing the report, the Executive Member for Infrastructure and Climate provided an overview of the key aspects and objectives of the action plan.

Members welcomed the consultation which had been undertaken with Ward Members.

Further to the comments made as part of consideration on the Local Plan Update 1 (Publication Draft) report (Minute No. 46 refers), a Member reiterated the importance of ensuring that greenspace and landscaping which formed part of such developments was maintained in the longer term.

Responding to a Member’s enquiry, the Board received further information on the role of registered providers in this area and it was requested that the relevant service be made aware of any specific cases that required further action in relation to registered housing provision.

In discussing the importance of ensuring that the delivery of affordable housing was located in the most appropriate location, a Member highlighted the importance of local Ward Members in such matters to help ensure that the needs of the community were met.

Members discussed the Council’s performance in the delivery of affordable housing over recent years and the partnership approach which continued to be taken in this area. The Board considered the potential role which could be played by a Local Housing Company, which as the report highlighted, was a matter that remained under review and could be utilised in the future, should appropriate and viable delivery opportunities arise.

RESOLVED –

(a)  That the progress made regarding the delivery of affordable housing, together with the challenges the sector faces in meeting housing needs in the city, as detailed within the submitted report, be noted;

(b)  That the Leeds Affordable Housing Growth Partnership Action Plan 2022-25, as appended to the submitted report, be endorsed together with the Council’s role in its delivery, including use of land; and that the final approval of the Leeds Affordable Housing Growth Partnership Action Plan 2022-25 be delegated to the Director of City Development;

(c)  That updates on progress be received at the end of the plan period; with the role of the Infrastructure, Investment & Inclusive Growth Scrutiny Board, together with the Strategic Housing Board in the annual governance of the plan, as set out within the submitted report, be noted;

(d)  That the Council’s approach towards the use of Commuted Sums, as set out within paragraphs 62-64 of the submitted report, be supported;

(e)  That the opportunity for Affordable Housing to be considered within the scope of the Local Plan Update 2, be recognised, together with the opportunity for the Leeds Affordable Housing Growth Partnership Action Plan 2022-25 to be used as evidence in its scoping, subject to further consideration by Development Plans Panel;

(f)  That it be noted that the creation of a Joint Venture or Local Housing Company delivery model remains under review and may be utilised, should appropriate and viable delivery opportunities arise aligned with meeting the city’s housing needs.

A public consultation has taken place on a proposal to establish a 16 place resource provision for pupils with complex communication difficulties and autism at Iveson Primary School. Executive Board is requested to consider the outcome of the consultation and approve the publication of a statutory notice on this proposal.

The Director of Children and Families submitted a report presenting the outcomes from the stakeholder consultation undertaken between June and July 2022 on a proposal to establish a resource provision at Iveson Primary School with effect from September 2023. The report summarised the consultation responses received and sought approval for the publication of a statutory notice on a proposal to establish a resource provision which would support pupils who had Education Health and Care Plans.

RESOLVED –

(a)  That in noting the outcomes from the informal consultation undertaken, as detailed within the submitted report, the publication of a statutory notice on a proposal to establish a resource provision at Iveson Primary School from September 2023, be approved;

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

The Director of Adults and Health submitted a report informing the Board of the Local Government and Social Care Ombudman’s findings and recommendations, as contained within a public report, in respect of a complaint made against the Council regarding the standard of residential care provided to an individual and with regard to charges made for care. The report provided an update on, and assurance regarding the effective actions which the Council was taking in response to the Ombudsman’s recommendations, as detailed within the associated Action Plan, presented as Appendix 2 to the submitted report.

The Executive Member for Adult and Children’s Social Care and Health Partnerships introduced the report, emphasising that the Council accepts the Ombudsman’s findings and has proactively responded to them via the action plan, presented to the Board. The Executive Member also took the opportunity to reiterate the Council’s apology to the family affected, for the distress caused to them. Further detail was then provided on the key findings of the Ombudsman’s report together with the actions being taken in response to them.  

In response to a Member’s enquiry, the Board was provided with assurance that all necessary measures, as recommended by the Ombudsman, had been put in place, and that the care home sector had been informed of the Council’s resultant changes in practice, which would require changes in practice for the care home sector also.

RESOLVED –

(a)  That the actions being taken by the Council in response to the Local Government and Social Care Ombudsman’s recommendations, be noted, with the associated Action Plan, as detailed at Appendix 2 to the submitted report also being noted;

(b)  That the Local Government and Social Care Ombudsman’s Report (Appendix 1) together with the Ombudsman’s comments (under point 90 of the submitted report), be noted; with it being acknowledged that both the Council and the Care Home Provider have accepted the Ombudsman’s findings and agreed to implement the recommendations.

Further to Minute No. 95, 16^th October 2019, the Director of Communities, Housing and Environment submitted a report on the regional and national initiatives to review and update hackney carriage (taxi) and private hire policies and ways of working which the Council had participated in, with specific reference to the Council’s approach to suitability and whether an individual was a fit and proper person to hold a licence. The report set out the results of consultation undertaken regarding proposed changes to one of the criteria within the Council’s Suitability and Convictions policy for taxi and private hire licence holders which related to points on individuals’ driving licences for minor motoring convictions, and which presented the Licensing Committee’s recommendation for a revised criterion on such matters, as considered by that Committee at its meeting on 9^th August 2022 (Minute No. 18 refers).

In introducing the report, the Executive Member for Resources emphasised the key role played by the taxi and private hire trade across the city, provided details on the actions and range of consultation and engagement which had taken place since the Council’s adoption of the Suitability and Convictions policy in 2019 which had led to the current position, and highlighted the proposals which were submitted for consideration to the Board regarding its policy for minor motoring convictions, as recently recommended by the Licensing Committee.

In considering the matter, a Member raised concerns regarding the proposals and questioned whether they were a proportionate response when considering the number of drivers which would be affected by such proposals. Concerns were also raised in respect of elements of the consultation undertaken, and as such made a request that this issue be referred to the appropriate Scrutiny Board prior to any final decisions being taken, so that the matter, together with any findings from Scrutiny Board, could be revisited and determined by Executive Board at the appropriate time.

In response, it was highlighted that the proposals being put forward were in line with Statutory Guidance, as issued by the Department for Transport, and would be consistent with the approach which had been adopted by other West Yorkshire and York Authorities.

The Board acknowledged the comments made during the discussion, including the specific request to refer this matter to the relevant Scrutiny Board, however, in conclusion, it was

RESOLVED –

(a)  That following consideration of this matter by the Licensing Committee on 9th August 2022, the following be agreed as the basis for the Council’s new policy for minor motoring convictions:-

(i)  Applications for a new taxi or private hire driver licence will not be granted when an applicant has 7 or more points for minor motoring convictions showing on their driving licence;

(ii)  Existing licence holders reaching 7 or more points for minor motoring convictions will receive a warning and will only be required to attend appropriate training;

(iii)  Existing licence holders reaching 9 points or more for minor motoring convictions and who have previously attended training under this policy may have their licence refused or revoked dependent on the individual circumstances of the driver concerned and offences committed. In considering such action, the intention of the policy will be to only refuse or revoke a licence where there are very clear concerns for public safety.

(b)  That it be noted that the Licensing Committee has determined that for an initial 12-month pilot, any decision to revoke a licence on the basis of minor motoring convictions will be determined by a Licensing Sub Committee.

(Under the provisions of Council Procedure Rule 16.5, Councillor A Carter required it to be recorded that he voted against the decisions referred to within this minute)

Approval to Tender the Yorkshire Highway Alliance Road Markings Contract 2022

The Chief Officer (Highways & Transportation) approved the recommendation to tender the Yorkshire Highway Alliance Road Markings Contract 2022-2024 for a 2-year period with the option to extend for a further 2 years with an estimated value of £1million per annum.

Authority to procure and to appoint a single contractor to undertake the installation, refurbishment and upgrading of lifts in the Council’s High-rise buildings in financial year 2023 - 2024

The Director of Resources approved this procurement activity in line with Contracts Procedure Rule 3.1.7 to undertake a mini-competition call-off route utilising the Efficiency North Framework in relation to Passenger/Goods Lifts - Installation, Refurbishment and Upgrading, Lot 2 for a period of 12 months (1st April 2023 to 31st March 2024) with an estimated available budget provision of £2.5m

The Director of Public Health has approved the modification of contracts during their term under Regulation 72 (1) (c) of the Public Contracts Regulations 2015 to vary the existing contract with Leeds Community Healthcare NHS Trust for the Integrated Sexual Health Service, to commence on 1^st April 2023 at a cost of £8,254,745 for a period of 15 months.

Request to renew our Microsoft server licensing for another 3 years by taking out a new 3 year Enterprise Agreement

The Director of Resources and The Chief Digital Information Officer approved the request to renew our Microsoft server licensing for another 3 years by taking out a new 3 year Enterprise Agreement