Agenda and minutes

To carry out the roll call and receive any apologies for absence.

Apologies for absence were received from Cllrs Derbyshire, Endsor, Hanley, Hughes, Jarvis, Mitchell, Pender, Robinson, Taylor and Worthington.

To receive declarations of interest by Members of interests in respect of items on this Agenda, and to consider any dispensations.

Members may however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

There were no disclosures of interest made on this occasion.

To consider whether the press and public should be excluded from the meeting during consideration on any item on the agenda.

RESOLVED, that the press and public be not excluded during discussion of any items on the agenda today.

To consider the minutes from the previous meeting held on 22 July 2022 (copy enclosed)

RESOLVED, that the minutes of the previous meeting held on Friday 22 July 2022 be agreed with the following amendments:-

On Page 11 – Minute 23 – Chief Officers Pay Policy – change the heading to ‘Chief Executive Pay Policy Statement’.

On Page 11 - Minute No 23 – Chief Officers Pay Policy paragraph 2, 3^rd line delete ‘Westmorland and Furness’.

On Minute No 25 – Strategic Financial Planning in the 10^th paragraph starting ‘Cllr Phillips said that’  insert the words ‘Strategic Financial document’ before the words ‘there was not enough time’ so it now reads ‘Cllr Phillips said the Strategic Financial document stated there was not enough time ….’.

Also on Page 14 – Minute 25 Strategic Financial Planning in the second from bottom paragraph, final sentence, take out the word ‘an’ so it now reads ‘and would be ongoing…’

Finally, on Page Minute 25 – Strategic Financial Planning paragraph 8 change the wording to read ‘Cllr Carrick highlighted that the report refers to the final position for assets and liabilities being transferred to the authority being based on the audited Statement of Accounts 2022/23 and says that as these will not be available until after 1 April 2023 some technical adjustment to the budgets may be required.  She added that the statutory deadline by which 2022/23 accounts should be audited will be 30 September 2023 and as many authorities do not achieve this, technical adjustments to the new Council’s budget may be in place for most of next year’.  

To receive any questions or representations which have been received from members of the public and to receive any petitions.

(note any member of the public who wishes to ask a question or make representations or present a petition at the meeting should apply to do so no later than two working days before the day of the meeting.  Information on how to apply can be obtained from the person named on the front of the agenda).

Cllr Shirley raised a point of order as none of the members had been notified in advance of the question.  The Interim Monitoring Officer apologised that the question had not been circulated in advance and reassured members that this would not happen in future. 

The Chair invited Mr Terry Galloway to ask the question he had submitted to the Interim Monitoring Officer, and he began by giving members some personal background to his question.

He ended by asking the Leader of the Council how he thought the motion being discussed later in the agenda would give a voice to care experienced people and what difference does he think this would make.

The Leader thanked Mr Galloway for his question and asked the Cabinet Member for Children's Services, Education and Skills to respond.

The Cabinet Member gave the following response:

‘Thank you for attending today to ask your question, and I am pleased we had the opportunity to speak briefly before the meeting.

The ‘voice’ was an important part of the agenda for the new shadow authority and if this motion was passed today it would make a difference to the way in which the Council would operate in a practical sense.  By raising awareness as part of the wider campaign and developments relating to care experienced people, and their place in society.  Over the last few years more protection had been built into provision.

The Westmorland and Furness Council would have a duty to children and young people for whom it was the Corporate Parent (2017) – Corporate Parenting Equality Act of 2010 brought together various anti-discrimination laws into one single act, but this did not include care experienced as a protected characteristic.

An independent review of Children’s Social Care in May 2022 recommended that the Government should make care experience a protected characteristic and new legislation should be passed which broadens corporate parenting responsibilities across a wide set of public bodies and organisations.

Local Councils took their responsibilities seriously and Cumbria County Council had Member Champions for young people in care.  This week the Corporate Parenting Board had met, along with the Virtual School Governing Body, Care leaver Ambassadors and the annual Children in Care Council awards would be held this weekend.

The Cabinet Member ended by saying if the motion being moved later on the agenda was passed the Cabinet would propose exactly how future decisions services and policies would take into account the needs of care experienced people’.

Mr Galloway thanked the Cabinet Member for her response and said he would be open to helping the Council in any way possible.

To receive any announcements from the Chair, Leader, Members of the Cabinet or the Chief Executive.

The Chairman made an announcement about the recent sad passing of Her Majesty the Queen and everyone stood for a minute’s silence as a mark of respect.

The Leader of the Liberal Democrat Group, followed by the leaders of the Labour and Conservative Group, and a member of the Independent/Green Group expressed their condolences to the royal family.

The Leader then welcomed Councillor Thomson back into the chamber and  hoped she was back to full fitness.

He ended by thanking all the officers involved in the work of the Shadow Council and also the individual sovereign councils.  Members understood the pressure this was putting on staff at all levels, and were grateful to everyone.

To consider a report from the Leader of the Council and Chair of the Senior Appointments Committee (copy enclosed)

Members had before them a report from the Leader of the Council and Chair of the Shadow Senior Appointments Committee which informed them that the current Finance Lead and S151 Officer at South Lakeland District Council now wished to stand down as Interim Chief Finance (s151) Officer for Westmorland and Furness Shadow Authority.

There was therefore a requirement for the Shadow Authority to designate a new interim Finance Lead for Westmorland and Furness Shadow Authority.  These designations would then move to the substantive Section 151 Officer when they took up post from 31 December 2022. 

At its meeting on 5 September, the Senior Appointments Committee agreed to recommend to the Shadow Authority, the designation of Paul Sutton as Interim Chief Finance (s151) Officer.

Members asked that their thanks be recorded to Ms Helen Smith for the work she had done on behalf of the Shadow Council, and wished her luck for the future.

The recommendation was moved by the Leader and seconded by Councillor Jones.  The vote was unanimous.

RESOLVED, that the Shadow Authority agrees the designation of Paul Sutton as Interim Chief Finance (s151) Officer

To consider a report from the Leader of the Council and Chair of the Senior Appointments Committee (copy enclosed)

Cllr V Taylor, the Vice Chair of the Shadow Senior Appointments Committee presented both the original report and the supplementary report issued for this item.

At its meeting of 18 July, the Senior Appointments Committee, agreed the process and timeline for the recruitment to roles of Monitoring Officer and Chief Finance Officer (s151 Officer) for Westmorland and Furness Council. 

Interviews were held on the 15 September 2022 in respect of the Chief Legal and Monitoring Officer. The Senior Appointment Committee felt unable to make an appointment and had therefore agreed that the post be re-advertised on an external basis.  Members would be kept informed as to progress given the requirements of the Structural Change Order to make an appointment to the statutory role of Monitoring Officer.

Interviews were held on the 16 September 2022 in respect of the role of Director of Resources. This role would undertake the statutory role of the Chief Finance and Section 151 Officer and would sit at Tier 2 within the new Authority’s Structure.  Members of the Senior Appointments Committee had recommended that Pam Duke was appointed to the role of Director of Resources and formally designated as the Council’s Chief Finance and Section 151 Officer with effect from 31 December 2022.

Councillor Taylor moved the recommendations and these were seconded by Councillor Thornton.  A vote then took place, the results of which were unanimous.

RESOLVED,  that the Shadow Authority:

(1) Agrees the recommendation by the Senior Appointments Committee to appoint Pam Duke as Director of Resources and the designated Chief Finance/Section 151 Officer for Westmorland and Furness Council with effect from 31 December 2022.

(2)  Agrees the recommended salary range of £125000 to £140000, for the nominated candidate for the role of Director of Resources in accordance with the approved Pay Policy for Tier 2 Officers.

(3)  Notes the intention to externally re-advertise the post of Chief Legal and Monitoring Officer.

To consider a report from the Leader of the Council (copy to follow)

This item was taken before Agenda Item No 8 at the meeting.

The Leader of the Council presented a report which sought Council approval of the Senior Leadership Pay Policy.

The Pay Policy Statement was attached at Appendix 2 of the report and replaced the Pay Policy Statement which was agreed by the Full Shadow Authority at its meeting on 22 July 2022.

Members noted that the Pay Policy Statement would be further updated and come back to the Full Shadow Authority at a later date for approval, containing details for all employees of Westmorland and Furness Council.

The proposed structures for Tiers 2 and 3 of the new Westmorland and Furness Council had been developed and were currently being consulted on.  The proposed structures would be finalised following the close of consultation.  If agreed, it was the intention to appoint to the roles in the new structures in advance of Vesting Day.  This was to enable the senior leadership team appointments to take effect from 1 April 2023, providing the required senior leadership capacity and supporting the council to be fully operational from Day 1.

The senior leadership posts were the first roles which were proposed to be created for the new Unitary Council.  The design principles for the proposed new senior leadership structure for Westmorland and Furness Council reflected its significant ambitions and its core value of recognising the workforce as its greatest asset.

The Leader took members through the detail contained in the report and moved the recommendations.  These were seconded by Councillor V Taylor.

Councillor Cooper asked whether the Westmorland and Furness structure was comparable to the Cumberland one.  He was surprised at the number of senior officers and was concerned as this seemed to be a very expensive start for the new authority.

The Leader noted the concerns but said this had been a result of the Government decision to create two new unitary councils for Cumbria. This structure was the one that the Chief Executive believed was needed to take forward the Council’s ambitions, and was comparable to Cumberland’s.

Councillor Shirley noted in paragraph 3.8 of the report a reference to a pay range with incremental steps to reflect a candidate’s growth into the role, recognised contribution, provided flexibility, and minimised the need for any market supplements. However, this was not referenced when agreeing the salary for the new Chief Executive.  This was challenged at the last meeting, but Council still approved a spot salary.  He asked if this was likely to change going forward.

The Leader noted the comments, and accepted this structure had been developed using a different approach to try to build in career development opportunities.  This would not apply to the Chief Executive who was the Head of Paid Service.

Councillor Carrick was disappointed as the Shadow Senior Appointments Committee had spent time looking at the benchmarking and recruitment for the statutory posts and suggested an appropriate salary range for the posts.  Unfortunately, the salaries being offered as part of  ...  view the full minutes text for item 37.

To consider a report from the Cabinet Member for Finance (copy enclosed)

Members considered a report which set out the options around the appointment of external auditors from 1 April 2023 to ensure statutory requirements were met.

The current external auditor appointment arrangements covered the period up to and including the audit of the 2022/23 accounts.  Sovereign Councils had opted into the ‘appointing person’ national auditor appointment arrangements established by Public Sector Audit Appointments (PSAA) for the period covering the accounts for 2018/19 to 2022/23.

PSAA was now undertaking a procurement for the next appointing period, covering audits for 2023/24 to 2027/28.  During autumn 2021 all local government bodies were asked to decide about their external audit arrangements from 2023/24.

The Council had three options;

a)  To appoint its own auditor, which requires it to follow the procedure set out in the Act.

b)  To act jointly with other authorities to procure an auditor following the procedures in the Act.

c)  To opt into the national auditor appointment scheme administered by a body designated by the Secretary of State as the ‘appointing person’. The body currently designated for this role is Public Sector Audit Appointments Limited (PSAA).

It was advised that all councils undergoing reorganisation opted-in under this invitation to ensure continuity of external audit cover if, for some reason, the implementation of the new unitary authorities was delayed.  Each existing authority in Cumbria had duly opted-in to the invitation.

The recommendation was moved and seconded and voted upon.  With the vote being unanimous it was

RESOLVED, that Shadow Council

(1)  Notes the decision by the Interim Section 151 Officer to opt-in to the Public Sector Audit Appointment national scheme for the appointment of external auditors for the 2022/23 financial year; and

(2)  Accepts Public Sector Audit Appointments’ invitation to opt into the sector-led option for the appointment of external auditors to principal local government and police bodies for five financial years from 1 April 2023.

The Shadow Council to consider the following notices o motion;

1.           Climate and Biodiversity Emergencies

Cllr Giles Archibald to move (Cllr A Thomson to second) the following:

This Council confirms that we face climate and biodiversity crises which will have potentially catastrophic impact locally, nationally and internationally.

The Shadow Authority for Westmorland and Furness Council acknowledges that man-made greenhouse gas emissions  play a major  part in the climate crisis. Greenhouse gases are also diminishing our biodiversity, which is further adversely affected by habitat loss, pollution, overexploitation, increases of non native species and systemic weather disruption.

Climate change and biodiversity loss will have far-reaching effects on our economy, our society and our environment in the District, across the UK and across the globe.

Building on, and integrating the work of the current Councils (Cumbria County Council, Eden and South Lakeland District Councils and Barrow Borough Council), Cafs and many volunteer organisations, this council is committed to (a) reducing its own carbon emissions to net zero as soon as possible; (b) working with others to target a net zero carbon Westmorland and Furness by 2037; and (c) increasing biodiversity by, for example, restoring natural habitats, restricting invasive species and reducing pollution.

We are committed to working with Town and Parish Councils, communities and other partner organisations in tackling these emergencies in a just and fair manner.

Council further urges government to work with local authorities, health services, businesses, farmers, educational institutions and all other interested bodies to address the climate and biodiversity emergencies as quickly as possible.

This motion to be seconded by Cllr Ann Thomson.

2.           Protected Characteristics

Cllr Judy Filmore to move (Cllr J Drake to second) the following:

The Independent Review of Children’s Social Care headed by Josh McCallister published in May 2022 a final report and recommendations that included:

·           “Government should make care experience a protected characteristic” and

·           “New legislation should be passed which broadens corporate parenting responsibilities across a wider set of public bodies and organisations.”

On Protected Characteristics for Care Experience

·           “Many care experienced people face discrimination, stigma and prejudice in their day to day lives. Public perceptions of care experience centre on the idea that children are irredeemably damaged and that can lead to discrimination and assumptions being made.” Care Review May 2022

One young person told the review that a teacher had told them “You’re smart - for a kid in care” another young person said “I don’t want people to point out that I am in care if I don’t want that mentioned. It makes me so cross – that shouldn’t happen.”

This stigma and discrimination can be explicit and often comes with assumptions about the likely characteristics of children and adults that have care experience. They can also be implicit and are evidenced in the way care experience is discussed in schools, workplaces and the media.

At its worst this can lead to care experienced people being refused employment, failing to succeed in education or facing unfair judgements about their ability to  ...  view the full agenda text for item 39.

Motion No 1Climate and Biodiversity Emergencies

Councillor Archibald moved the following motion:

‘This Council confirms that we face climate and biodiversity crises which will have potentially catastrophic impact locally, nationally and internationally.

The Shadow Authority for Westmorland and Furness Council acknowledges that man-made greenhouse gas emissions play a major part in the climate crisis. Greenhouse gases are also diminishing our biodiversity, which is further adversely affected by habitat loss, pollution, overexploitation, increases of non-native species and systemic weather disruption.

Climate change and biodiversity loss will have far-reaching effects on our economy, our society and our environment in the District, across the UK and across the globe.

Building on, and integrating the work of the current Councils (Cumbria County Council, Eden and South Lakeland District Councils and Barrow Borough Council), Cafs and many volunteer organisations, this council is committed to (a) reducing its own carbon emissions to net zero as soon as possible; (b) working with others to target a net zero carbon Westmorland and Furness by 2037; and (c) increasing biodiversity by, for example, restoring natural habitats, restricting invasive species and reducing pollution.

We are committed to working with Town and Parish Councils, communities and other partner organisations in tackling these emergencies in a just and fair manner.

Council further urges government to work with local authorities, health services, businesses, farmers, educational institutions and all other interested bodies to address the climate and biodiversity emergencies as quickly as possible’.

The motion was seconded by Councillor Thomson.

A detailed debate then took place on this with the majority of members speaking in support of the motion. 

A recorded vote was requested and with more than 25% of members in support this was AGREED.

It was therefore RESOLVED, that the motion be AGREED.

Motion 2      Protected Characteristics

Councillor Filmore moved the following motion:

The Independent Review of Children’s Social Care headed by Josh McCallister published in May 2022 a final report and recommendations that included:

·           Government should make care experience a protected characteristic and

·           New legislation should be passed which broadens corporate parenting responsibilities across a wider set of public bodies and organisations.

On Protected Characteristics for Care  ...  view the full minutes text for item 39.

To consider any urgent items of business.

There were no urgent items of business at this meeting.