Agenda and minutes

The Leader welcomed attendees to the meeting and an apology for absence was received from the Deputy Leader, County Borough Councillor M Webber.

To receive disclosures of personal interest from Members in accordance with the Code of Conduct.

Note:

1.     Members are requested to identify the item number and subject matter that their interest relates to and signify the nature of the personal interest; and

2.     Where Members withdraw from a meeting as a consequence of the disclosure of a prejudicial interest they must  notify the Chairman when they leave.

In accordance with the Council’s Code of Conduct, the following declarations were made pertaining to the agenda:

·       The Cabinet Member for Health & Social Care declared a personal interest in respect of Item 3 (Future Commissioning of Domiciliary Home Care): “My younger sister has worked in long term home care for many years”;

·       The Cabinet Member for Development and Prosperity declared the a personal interest in respect of Item 12 (Update Report on Empty Homes Strategy): “I am a recipient of an Empty Property Grant”;

·       The Director of Highways, Streetcare and Transportation Services declared a personal and pecuniary interest in respect of Item 17 (Cynon Valley Waste Disposal Company Limited and Amgen Rhondda Limited Annual General Meeting): “I am a Director of Amgen and will leave the meeting when the item is discussed and voted upon.”; and

·       The Service Director of Finance and Improvement Services declared a personal and pecuniary interest in respect of Item 17: “I am a Director of Amgen and will leave the meeting when the item is discussed and voted upon.”

To receive the minutes of the Cabinet Committee on the 18^th September 2023 as an accurate record.

The Cabinet RESOLVED to approve the minutes of the meeting held on 18^th September 2023 as an accurate reflection.

To receive the report of the Director of Social Services, which outlines recommendations with regards to the future commissioning of domiciliary home care services.

The Director of Social Services presented the report to Cabinet, which proposed recommendations with regards to the commissioning of domiciliary home care services.

The Leader thanked the Director for the report and advised that in advance of the proposals being presented, he had met with officers several times and also with Trade Unions to discuss the proposals contained within the report and to gain a further understanding of TUPE arrangements and the potential impact on staff and individuals.

The Cabinet Member for Health and Social Care stated that the officer proposals before Members sought to respond to increasing demand for long-term home care and would address issues of capacity experienced by all providers. The Cabinet Member stated that the revised approach aimed to achieve a sustainable model that in no way reduces the availability of the service, but would, instead, enable long-term commissioning arrangements to be improved, enhancing the experience of service users and home care workers.

The Cabinet Member commented that through the new approach, the Council would continue to support people to be as independent as possible by continuing to provide an in-house reablement and intermediate care service.

The Cabinet Member noted that the Council currently delivered just a small proportion of the long-term home care provision in Rhondda Cynon Taf, and the changes would see the remaining ten-percent transfer to external providers. It was added that reablement and intermediate care services through the Council’s ‘Support@Home’ Service would continue to be provided by the Council.

The Cabinet Member for Environment and Leisure advised of questions received from residents in respect of the impact the proposals could have on those individuals who need more complex care. The Cabinet Member spoke of the concern that the independent sector would not support such individuals and questioned whether the independent sector, which currently provide most of the support, include supporting the most complex of care needs to ensure independence for those individuals is maintained in their own homes.

The Director of Social Services advised the Cabinet Member that most of the long-term home care services were already delivered by existing independent sector providers. The Director acknowledged the concerns of residents but emphasised that the independent sector providers can and do successfully support many individuals with complex needs.

The Cabinet Member also sought assurance that the independent sector have access to the same level of training as Council staff. The Director confirmed that independent providers can and do access the same training and development through the Regional Workforce Development Partnership, which was hosted by the Council.

In respect of the query highlighted with training and development, the Leader further questioned whether the independent providers access the training available and the Director confirmed that regional workforce meetings take place on a quarterly basis, whereby performance is monitored in respect of both in-house training attendance and equally, the independent sector.

The Cabinet Member for Development and Prosperity questioned whether it would be possible for independent providers to be mandated to both recognise Trade  ...  view the full minutes text for item 53.

To receive the repot of the Director of Social Services, which makes recommendations with regards to the future commissioning of the Council’s Supported Living Service for people with a learning disability.

The Director of Social Services presented Cabinet with the report, which made recommendations with regards to the commissioning of Supported Living Services for people with a learning disability.

The Cabinet Member for Health and Social Care commented that the Council has substantial experience and a good track record of commissioning Supported Living Services from external providers. It was noted that with the current 10-year contract due to end this year, the retendering process was already underway, to start the new contract from April 2024.

The Cabinet Member continued and noted that the proposed changes would transfer the small percentage of Supported Living Services currently provided in-house to the external market, which already provides around 90% of the service. The Cabinet Member acknowledged officers’ advice, which was that the changes would ensure best value and future sustainability of the service, without reducing its availability to help people who rely upon it. The Cabinet Member emphasised the importance of this in the context of the significant budget gap, the rising cost pressures, and the rising demand within the service.

The Cabinet Member for Environment and Leisure questioned how the Council would engage with the individuals affected, including service users, their families, and staff members.

The Director of Social Services advised that, if agreed, the Council would provide regular engagement and communication with all affected individuals to ensure that they are kept fully informed of the process and timescales for service transfer. This would include sharing information, including easy read format, and holding meetings supported by social work staff and advocates, such as Cwm Taf People First and DEWIS Centre for Independent Living and in the case of staff, Trade Unions. It was added that, following the procurement process and contract award, the Council would engage with all affected individuals to address any anxiety they may have about the change of provider. There would also be opportunities to meet with the new providers to discuss any concerns.

The Cabinet Member for Public Health & Communities acknowledged the concern amongst the workforce in respect of the proposals and questioned whether the same reassurance could be provided as per the last item of the agenda (Minute No. 53), in respect of what TUPE means, and the protection it affords. The Cabinet Member also asked if the same assurance could also be provided in respect of job protection as a result of the changes, if agreed.

Alongside the Cabinet Member’s suggestion, the Leader asked if the same assurance could be provided as the last item of business (Minute No. 53) in respect of no compulsory redundancies.

The Director of Human Resources confirmed that the same protection would be applied in terms of TUPE and staff’s membership within the Local Government Pension Scheme. The Director advised the from an initial review, it was anticipated that all staff would be eligible for TUPE but should that not be the case, no compulsory redundancies would be undertaken as part of the process and that staff would be provided with options  ...  view the full minutes text for item 54.

To receive the report of the Service Director of Democratic Services and Communication, which provides the feedback and comments of the items that were pre-scrutinised by the Council’s thematic Scrutiny Committees following its last Committee cycle.

The Service Director of Democratic Services and Communication provided Cabinet with the feedback and comments of the items that were pre-scrutinised by the Council’s thematic Scrutiny Committee’s following the last Committee cycle.

During the cycle, the following reports were pre-scrutinised and the key comments and observations were noted in Section 5 of the report:

·       Proposals to develop a new School in Rhondda Cynon Taf;

·       Representations, Compliments and Complaints Procedures Annual Report – 2022/23; and

·       Community Infrastructure Levy Annual Monitoring Report.

The Service Director noted that, in respect of the Community Infrastructure Levy Annual Monitoring Report which had been pre-scrutinised by the Climate Change, Frontline Services & Prosperity Scrutiny Committee at its meeting held on 18^th October 2023, comments had been circulated to Cabinet Members.

The Cabinet Member for Education, Youth Participation and Welsh Language took the opportunity to thank the Scrutiny Committees for their respective work.

The Cabinet RESOLVED:

1.    To note the comments and observations of the Scrutiny Committees following pre-scrutiny of the items listed within section 5 of the report.

To receive the report of the Director of Social Services, which provides the Cabinet with the 2022/23 Annual Cwm Taf Morgannwg Safeguarding Board Report.

The Director of Social Services presented Cabinet with the 2022/23 Annual Cwm Taf Morgannwg Safeguarding Board Report.

The Cabinet Member for Health and Social Care recognised the importance of the report, which seeks to ensure individual of all ages are protected; and provides prevention of harm and abuse. The Cabinet Member noted that the Cwm Taf Morgannwg Safeguarding Board has a statutory duty to provide an annual report which outlines its priorities.

The Cabinet Member noted the greater need and focus to improve approaches to public sector concerns and stated that all partnership agencies have their part to play.

The Cabinet RESOLVED:

1.    To note and endorse the content of the 2022/23 Annual Cwm Taf Morgannwg Safeguarding Board Report.

To receive the report of the Director of Social Services, which provides Cabinet with an overview of the operation and effectiveness of the Council’s statutory Social Services complaints procedure between 1^st April 2022 and 31^st March 2023. 

The Director of Social Services provided Cabinet with an overview of the operation and effectiveness of the Council’s statutory Social Services complaints procedure between1^st April 2022 and 31^st March 2023. 

The Cabinet Member for Health and Social Care thanked the Director for the report and stated that both complaints and compliments are valuable feedback, which drives service improvement and planning. The Cabinet Member added that it was reassuring for staff to receive compliments for all their hard work and dedication.

The Cabinet RESOLVED:

1.   To note the content of this report and the Social Services Annual Representations and Complaints report for 2022/23; and

2.    To note the work undertaken by the Customer Feedback, Engagement and Complaints Team.

To receive the report of the Deputy Chief Executive and Group Director of Finance, Digital and Frontline Services, which provides Cabinet with an overview of the operation and effectiveness of the Council’s Customer Feedback Scheme (CFS) between1^st April 2022 and 31^st March 2023. 

The Service Director of Digital and ICT provided Cabinet with an overview of the operation and effectiveness of the Council’s Customer Feedback Scheme (CFS) between1^st April 2022 and 31^st March 2023. 

The Cabinet Member for Climate Change and Corporate Services emphasised the importance of customer feedback and was pleased to note that 95% of complaints had been dealt with at stage 1. The Cabinet Member recognised that the team were always looking for new ways to capture information and noted that the ‘You Said, We Did’ service was going from strength to strength.

The Cabinet RESOLVED:

1.    To note the content of the report, the Customer Feedback Scheme (CFS) Annual Report for 2022/23 and the work undertaken by the Customer Feedback, Engagement and Complaints Team.

To receive the report of the Director of Legal and Democratic Services, which provides Cabinet with information in respect of the publication of the Public Services Ombudsman for Wales’ (‘PSOW’) Annual Report and Annual Letter to this Council for 2022-2023.

The Director of Legal and Democratic Services advised Cabinet of the publication of the Public Services Ombudsman for Wales’ (‘PSOW’) Annual Report and Annual Letter to this Council for 2022-2023.

The Cabinet Member for Education, Youth Participation and Welsh Language thanked the Director for the report and stated that the report allows Cabinet Members to accurately review and monitor how the Council is managing the feedback it receives. The Cabinet Member was pleased to note that, given the size of the Local Authority, a small number of complaints had been made and a small number had been referred to the Ombudsman.

The Cabinet RESOLVED:

1.    To consider and note the 2022-2023 Public Services Ombudsman for Wales’ Annual Report and Annual Letter to this Council.

To receive the report of the Director of Education and Inclusion Services, which seeks to advise Members of the outcome of the recent consultation in respect of the proposal to open a new 3 to 19 special school in Rhondda Cynon Taf (RCT) and introduce catchment areas for all 3 to 19 special schools across RCT.

The Director of Education and Inclusion Services advised Cabinet of the outcome of the recent consultation in respect of the proposal to open a new 3 to 19 special school in Rhondda Cynon Taf (RCT) and introduce catchment areas for all 3 to 19 special schools across RCT, these are:

·       Park Lane Special School;

·       Ysgol Hen Felin; and

·       Ysgol Ty Coch.

Members’ attention was drawn to Appendix A of the report, which detailed the outcome of the consultation.

The Director informed Members that the documents noted 38% were against the proposals, but that it should read 37%. The Director advised that, overall, the consultation responses were positive with 56.5% in favour of the proposals and emphasised that some of the parents/carers appeared to have misunderstood the proposals, which was illustrated in Section 5 of the consultation document. It was therefore emphasised that as a result of the proposals, there would be no school closures and that the children in existing placements would remain in their current schools.

The Cabinet Member for Education, Youth Participation and Welsh Language thanked officers for undertaking the consultation and thanked individuals for their responses. The Cabinet Member was content that officers had been able to answer and address any points raised through the consultation including those of Estyn.

The Cabinet Member was content that the proposal to develop a new special school was the right step forward and would build capacity in an area of increased demand for the future. The Cabinet Member emphasised that pupils already attending special schools within RCT would not be required to move schools and that, if approved, new catchments would be put in place for future arrangements.

The Leader was in favour of the proposals and commented that the special school would be a huge investment, which was desperately needed.

The Cabinet RESOLVED:

1.     To note the content of the report;

2.     To note the information contained within the Consultation Report, which includes a summary of correspondence received during the consultation, including the full response from Estyn, feedback received from the online survey, and notes of the meetings held; and

3.     To progress the proposals to the next stage of the consultation process by issuing an appropriate Statutory Notice which will trigger the start of the Objection Period. 

To receive the report of the Director of Prosperity and Development, which seeks Cabinet’s approval in respect of the contents of the CIL Annual Monitoring Report and the proposed changes to the Regulation 123 List; following pre scrutiny undertaken by the Climate Change, Frontline Services and Prosperity Scrutiny Committee. 

The Director of Prosperity and Development sought Cabinet’s approval in respect of the contents of the CIL Annual Monitoring Report and the proposed changes to the Regulation 123 List and advised Cabinet of the pre scrutiny by the Climate Change, Frontline Services and Prosperity Scrutiny Committee in respect of the Community Infrastructure Levy. 

The Cabinet Member for Development and Prosperity was content with the recommendations contained within the report. The Cabinet Member noted the considerations of Scrutiny Committee and looked forward to receiving feedback from the Community Councils.

The Cabinet RESOLVED:

1.    To approve the CIL Annual Monitoring Report;

2.    To approve the Regulation 123 List (Appendix B) for publication on the Council website for a period of 28 days and consultation as set out in paragraph 5.6 of the report; and

3.    To approve the subsequent adoption of the Regulation 123 List if no adverse comments are received.

N.B- Following the conclusion of this item, the Cabinet pause for a short break.

To receive the report of the Director of Prosperity and Development, which provides Cabinet with an update on the progress being made in bringing empty homes back into use in line with the RCT Empty Homes Strategy (2022-2025).

The Director of Prosperity and Development provided the Cabinet with an update on the progress being made in bringing empty homes back into use in line with the RCT Empty Homes Strategy (2022-2025).

The Cabinet Member for Development and Prosperity spoke of the success of the programme in getting homes back on the market or into meaningful use. The Cabinet Member was pleased to note that, to date, just under 700 properties had been brought back into use and was happy to move the recommendations contained within the report.

The Cabinet RESOLVED:

1.    To consider the information contained within the report and note the positive progress made to date in bringing empty homes back into use in line with the RCT Empty Homes Strategy (2022 – 2025).

To receive the report of the Director of Prosperity and Development, which provides Members with an overview of the proposed Private Rented Sector Strategy 2023 -2026 and seeks approval for it to be implemented.

The Director of Prosperity and Development provided the Cabinet with an overview of the proposed Private Rented Sector Strategy 2023 -2026 and seek approval for it to be implemented.

The Cabinet Member for Development and Prosperity spoke positive of the work undertaken in respect of the private rented sector with RCT landlords; and noted that RCT had been proactive with providing advice with legislation requirements and guidance. The Cabinet Member added his thanks to officers and advised that he had received compliments on their behalf.

The Cabinet Member for Public Health and Communities echoed the comments and was in support of the recommendations contained within the report.

The Cabinet RESOLVED:

1.    To approve the proposed Private Rented Sector Strategy 2023-2026 which supports the delivery of a private rented sector that offers safe, affordable accommodation, that is well managed and of a good standard, creating accessible and sustainable tenancies.

To receive the report of the Service Director of Democratic Services and Communication, which informs Cabinet of the proposed approach to resident engagement and consultation in respect of the 2024/25 budget setting process.

The Service Director of Democratic Services and Communication informed the Cabinet of the proposed approach to resident engagement and consultation in respect of the 2024/25 budget setting process.

The Leader advised that next year’s budget would likely be the most challenging for RCT since his time as Leader of the Council; and it was emphasised that public engagement would be vital. The Leader stated that unless UK Government announce additional funding in their Autumn budget, the consequences to Wales and its Local Authorities would be very difficult. The Leader advised that, following a survey, across England, there would potentially be at least 26 Local Authorities issuing 114 notices in the next year; and that although RCT were a long way away from issuing a notice, the careful management of the budget and resources would be key.

The Cabinet Member for Climate Change and Corporate Services added that it would likely be a year which requires an honest conversation with residents in respect of the huge challenge faced by the Council.

The Cabinet RESOLVED:

1.    To support the further continuation of the approach to the Council’s budget consultation introduced in recent years, utilising the Council’s Let’s Talk Engagement website, as well as community face-to-face engagement. As part of the suggested approach, we will continue to provide alternative means of engagement for those having reduced or no access to the Internet and those who prefer to engage through traditional methods;

2.    To support the Council’s statutory requirements regarding consultation on the Council Tax Reduction Scheme and Council Tax levels and that these will be met via the proposed approach;

3.    To support the launch of a phase 1 budget consultation during the Autumn of 2023, in advance of the Welsh Government provisional budget settlement timescales, currently expected around mid-December; and

4.   To authorise the Service Director – Democratic Services & Communications to plan in detail the necessary timeline for engagement, in consultation with the appropriate Cabinet Member & Deputy Chief Executive and Group Director for Finance, Digital and Frontline Services.

“That the press and public be excluded from the meeting under Section 100A(4) of the Local Government Act (as amended) for the following items of business on the grounds that it involves the likely disclosure of the exempt information as defined in paragraph 14 of Part 4 of the Schedule 12A of the Act”.

It was RESOLVED: “That the press and public be excluded from the meeting under Section 100A(4) of the Local Government Act (as amended) for the following items of business on the grounds that it involves the likely disclosure of the exempt information as defined in paragraph 14 of Part 4 of the Schedule 12A of the Act”.

To receive the report of the Deputy Chief Executive and Group Director for Finance, Digital and Frontline Services, which provides Members with a position statement on irrecoverable debt and identifies the requirement to write-off certain amounts in accordance with strict review criteria.  

Following the consideration of the report of the Deputy Chief Executive and Group Director for Finance, Digital and Frontline Services containing exempt information as defined in Paragraph 14 of Part 4 of Schedule 12A of the Local Government Act, 1972 (as amended), namely information relating to the financial affairs of any particular person (including the authority holding that information), the Cabinet was RESOLVED:

1.    To write-off the accounts to the appropriate Bad Debt Provision contained within the Council’s accounts (if further information on any debt becomes available, payment will be pursued). 

To receive the report of the Director of Legal and Democratic Services, which affords Members the opportunity of inspecting the financial statements of Cynon Valley Waste Disposal Company Limited and Amgen Rhondda Limited (the ‘Companies’) which are to be presented to the Companies’ Annual General Meetings to be held ‘virtually’ in November 2023 and enable Members to instruct officers who attend on behalf of the Council as sole shareholders of the Companies to vote in accordance with Members’ instructions.

Following the consideration of the report of the Director of Legal and Democratic Services containing exempt information as defined in Paragraph 14 of Part 4 of Schedule 12A of the Local Government Act, 1972 (as amended), namely information relating to the financial affairs of any particular person (including the authority holding that information), the Cabinet RESOLVED:

1.    That the current intention to continue the operation of Cynon Valley Waste Disposal Company Limited and Amgen Rhondda Limited (the ‘Companies’) as Local Authority controlled companies into the future is confirmed;

2.    That subject to the Deputy Chief Executive and Group Director – Finance, Digital and Frontline Services being satisfied that there are no irregularities in the accounts of the Companies that the accounts be received on behalf of the Council;

3.    That Azets Audit Services are appointed as auditors to the Companies for the year-ending 31^st March 2024;

4.    That the Directorships of the Director of Highways, Streetcare and Transportation Services and Service Director – Finance and Improvement Services for both Companies continue;

5.    To note the continuation of the non-executive director position on the Board of the Companies through to the 2024 Annual General Meetings;

6.    That the Director of Legal and Democratic Services and/or his nominee be authorised to exercise the Council’s vote at the Annual General Meetings of the Companies in accordance with recommendations 2(ii) to 2(iv) above; and

7.    That the Council be represented at the Companies’ Annual General Meetings by a Cabinet Member.