19 June 2013 Report from the Cabinet

Purpose of the Report To provide information to the Council on issues considered by the Cabinet on 13 March,10 April, and 5 June 2013 and to enable Members to ask related questions. Members are asked to table any questions on items in this report by 2 pm on 18 June 2013 in order for them to be displayed on the screens in the Council Chamber. Contents

13 March Item 1 Welfare Reform Update

Key Decision: CORP/A/03/13/1

Item 2 Warm Up North; Arrangements and Governance Key Decision R&ED/06/13

Item 3 Quarter 3 2012/13 Performance Management Report Item 4 Forecast of Revenue and Capital Outturn 2012/13 for General

Fund and Housing Revenue Account – Period to 31 December 2012

Item 5 North East Local Transport Body Assurance Framework 10 April Item 6 School Admission Arrangements Academic Year 2014/15

Key Decision: CAS/01/12

Item 7 NHS Reforms and the transfer of public health functions to Durham County Council

Item 8 Alcohol Harm Reduction Strategy 2012-15 Item 9 School Funding Reforms 2013/14 and Schools Financial

Performance Monitoring

Item 10 Annual Enforcement Programme Children and Young Persons (Protection from Tobacco) Act 1991 and Anti-Social Behaviour Act 2003

Item 11 County Durham Partnership Update 5 June Item 12 Empty Homes Cluster Programme

Key Decision: R&ED/10/13

Item 13 Quarter 4 2012/13 Performance Management Report Item 14 Voluntary and Community Sector Strategy Item 15 2013 Refresh of the Safe Durham Partnership Plan 2011-14 Item 16 Transfer of Investing in Children to a Community Interest

Company Item 17 Interim Policy / Procedure for the Adoption of Public Open

Space Associated with New Housing Developments Cabinet Portfolio

1. Welfare Reform Update

Key Decision: CORP/A/03/13/1 Cabinet Portfolio Holders – Councillor Simon Henig (Leader of the Council), and Alan Napier (Deputy Leader) Contact – Roger Goodes 03000 268050

We have considered a joint report of the Assistant Chief Executive, Corporate Director, Resources, and Corporate Director, Regeneration and Economic Development updating on recent policy developments relating to the government’s welfare reforms and the Council’s preparation for implementation of these changes. The report considered in depth the recent guidance in relation to Discretionary Housing Payments (DHP) and sought approval to a proposed approach to DHP.

The government brought forward the Welfare Reform Act 2012 to implement their commitment to simplify the benefits system, and make it fairer and to encourage people into work. The scale of reform is significant and involves over 40 changes. There is no single point of contact or document for the changes, which makes it challenging to analyse the overall impact. The Department for Work and Pensions (DWP) is continuing to add detail to the operational implementation of its initial policy reforms and the more recent cap on the future uprating of benefits, as announced in the Chancellor’s Autumn Statement.

The council continued to prepare for the implementation of the welfare changes scheduled for this year, including the introduction of a Welfare Assistance Scheme to fill the gap left by the withdrawal of the Social Fund from April 2013.

Following the report to Cabinet on 19 December 2012, a procurement exercise was undertaken to identify a delivery partner to work with the council to operate the Welfare Assistance Scheme.

The council had negotiated a contract with a partnership comprising Civica, Five Lamps and the Family Fund to become the council’s delivery partner for the administration of grant applications and awards and the provision of wider welfare advice and support through the third sector.

One of the most important announcements since the last update to Members is the government’s response to the revised guidance to local authorities on Discretionary Housing Payments (DHP).

While the government has increased the funding available for DHP (for the Council the funding will be £883,089 for 2013/14), it is clear that this is insufficient to meet the potential demand created by the withdrawal of and reductions in other welfare payments. The report assessed a number of options and proposed a new approach for how the funding could be used. A proposed new Discretionary Housing Payments policy was attached to the report.

Decision:

We have:

a) Noted the contents of this report and further developments in government welfare reform;

b) Noted the progress made with appointing an implementation partner for the administration of the Welfare Assistance Scheme;

c) Noted the changes to Discretionary Housing Payments guidance and the potential options available to the council;

d) Agreed the proposed new Discretionary Housing Payments policy as outlined in the report;

e) Agreed to review the policy in three months time, to take into account demand and revise the policy as appropriate, subject to Cabinet approval;

f) Approved delegated authority to the Assistant Chief Executive in consultation with the Leader, to make any final amendments to the policy and the approach to the distribution of Discretionary Housing Payments from 1 April 2013.

2. Warm Up North; Arrangements and Governance Key Decision R&ED/06/13 Cabinet Portfolio Holder – Councillor Neil Foster Contact – Stuart Timmis 03000 267334

We have considered a report of the Corporate Director, Regeneration and Economic Development on the Government’s Green Deal Programme and the development of a regional initiative ‘Warm Up North’ which will be available for all residents to reduce energy consumption and provide focused training and social benefits within County Durham.

The Energy Act 2011 introduced the Green Deal and Energy Company Obligation. Green Deal was launched on 28 January 2013 and is the first scheme in the world to offer ‘pay as you save’ options for home energy efficiency improvements in contrast to earlier grants such as Carbon Emission Reduction Target (CERT), Community Energy Savings Programme (CESP) and Warm Front Subsidy Scheme.

Warm Up North is a regional response to this new opportunity ensuring that funding can be maximised quickly for the benefit of residents, to reduce energy consumption in what will be an uncertain and possibly complicated market going forward.

The Warm Up North initiative is a regional Green Deal Partnership with Newcatle City Council, Durham County Council, Darlington, Northumberland, Sunderland and South Tyneside Councils. Eleven Councils in the North East have the potential to join and are named as part of the procurement process.

The Partnership has four objectives:

• To promote social wellbeing in the North East, by lowering the levels and impact of fuel poverty and contributing to public health;

• To promote economic wellbeing in the North East and promote the green economy by safeguarding and creating employment, skills and the economic capacity of the area;

• To improve the energy efficiency of domestic properties and publicly owned non-domestic properties across the North East;

• To reduce carbon dioxide emissions from domestic and publicly owned non-domestic properties across the North East.

The Warm Up North Partnership is undertaking a procurement exercise to identify a single preferred Green Deal Delivery Partner to lead on assessing, providing and installing up to £200m worth of ECO and Green Deal approved measures to at least 15,000 homes across the North East. The project will run for a period of five years with an option to extend the programme for three further years. EU funding has been identified to support the procurement process and a team of relevant officers from each Partner Authority have been working on the finance, legal, procurement and technical aspects of the initiative. Partner authorities have been asked to make a contribution of £50,000 towards the procurement costs.

The Council’s financial contribution towards the project is £50,000 relating to the costs of the procurement process. On the basis that the GDFC will be the source of financing for the programme of works, it is not anticipated that Partner Authorities (including Durham County Council) will need to provide capital funding through prudential borrowing to finance delivery of the works. If this situation changes then a further report will be brought to us.

Decision:

We have agreed to:

• Continue to support the procurement exercise and selection of a preferred bidder for the initiative.

• Provide authority to enter into an Inter Authority Agreement alongside other Partner Authorities to reflect the position of the Council.

• Note that no capital funding from Durham County Council via prudential borrowing is anticipated at this stage to fund any of the energy saving initiatives.

• Support the establishment of a Delivery Team being established to work with the preferred bidder to ensure the Council’s ambitions for the initiative and realised; and

• Receive a further report on the outcome of the procurement exercise and progress to date once the details are known.

3. Quarter 3 2012/13 Performance Management Report

Leader of the Council – Councillor Simon Henig Contact – Jenny Haworth – 03000 268071

We have considered a report of the Assistant Chief Executive setting out progress against the council’s corporate basket of performance indicators (PIs), reporting other significant performance issues for the third quarter of 2012/13, and seeking agreement to make changes to the Council Plan. The report set outs an overview of performance and progress by ‘Altogether’ priority themes. Issues linked to the stagnant economy continue to affect performance across County Durham during Quarter 3 such as unemployment, housing completions and planning applications. Although the major impact on the Council continues to be performance of the UK economy with it affecting a number of tracker and target indicators, the Council continues to improve performance in many key priority areas.

Decision: We have:-

• Noted the performance of the council at quarter 3 and the actions to remedy under performance.

• Agreed all changes to the Council Plan as outlined in the report.

4. Forecast of Revenue and Capital Outturn 2012/13 for General Fund and Housing Revenue Account – Period to 31 December 2012 Cabinet Portfolio Holder – Councillor Alan Napier Contact – Jeff Garfoot- 03000 261946

We have considered a report of the Corporate Director, Resources that provided a forecast of 2012/13 revenue and capital outturn for the period 31 December 2012 for the Council’s General Fund and Housing Revenue Account. This report updated the information presented to Cabinet on 14 November showing the forecasted revenue and capital outturn based on expenditure and income up to 30 September 2012 and incorporated the recommended changes to cash limits within Service Groupings agreed by us at that meeting.

Revenue

The following adjustments have been made to the Original Budget:

(i) agreed budget transfers between Service Groupings;

(ii) additions to budget for items outside the cash limit (for Cabinet approval);

(iii) planned use of or contribution to Earmarked Reserves.

Capital The General Fund (GF) capital budget for 2012/13 was set at £197.436m and was approved by Cabinet on 22 February 2012. Re-profiling from the 2011/12 capital programme into 2012/13, amounting to £32.214m, was reported to Cabinet on 11 July 2012.

The Housing Revenue Account (HRA) budget was set at £44.854m with re-profiling of £1.465m from 2011/12 to 2012/13. The Capital Member Officer Working Group (MOWG) has since reviewed the capital programme and taken into account further developments and analysis of changes and demands on resources.

Decision: We have:

• Noted the projected change in the Council’s overall financial position for 2012/13.

• Agreed the proposed ‘sums outside the cash limit’ for approval.

• Agreed the revenue and capital budget adjustments.

• Noted the forecast use of Earmarked Reserves.

• Noted the forecast end of year position for the Cash Limit underspend reserves.

• Noted the position for the Housing Revenue Account.

• Noted the position for the Capital Programme.

5. North East Local Transport Body Assurance Framework

Cabinet Portfolio Holder – Councillor Neil Foster Contact – Adrian White- 03000 267455

We have considered a report of the Corporate Director, Regeneration and Economic Development informing of a delegated decision, made under urgency provisions to agree the Assurance Framework under which the North East Local Transport Body (NELTB) will operate in line with DfT requirements for the management of devolved local major transport scheme funding. In September 2012 the Department for Transport (DfT) set out its intentions for the devolution of funding for local major transport schemes from 2015. The DfT proposed that the primary decision making bodies on the use of the devolved funding will be Local Transport Bodies (LTBs), voluntary partnerships of local transport authorities, local enterprise partnerships and potentially other stakeholders. Local Transport Body In June 2012 the seven Local Authority Leaders and Elected Mayor agreed in principle to act as the Local Transport Body in the North East Local Enterprise Partnership (NELEP) area. In addition, it has been agreed that the ITA for Tyne and Wear will also be represented on the North East Local Transport Body (NELTB), along with a representative of the NELEP as an observer. The NELTB will be an unincorporated association (informal partnership), with each authority represented by their leader/elected mayor (or their appointed deputy). The Chair of the NELTB will be appointed in accordance with the wider governance of the Seven North East Authority groups and will follow the same structure of annual rotation of the Chair.

The NELTB have been given an indicative funding level of £46.7m for the four year period commencing 2015/16. The NELTB will be responsible for prioritising transport investments, approving individual scheme business cases, and ensuring effective delivery of the programme. Work on developing the programme of prioritised schemes has commenced and will need to be signed off by the NELTB for submission to DfT by July 2013. NELTB Assurance Framework The DfT will no longer have a role in the selection and approval of individual schemes. However, it does require that the devolved system provides appropriate safeguards for the use of public funds. The DfT therefore require that all LTBs put in place an assurance framework, setting out their governance and working arrangements. The Assurance Framework sets out how the NELTB will operate to meet the required DfT standards of governance, financial management, accountability, meeting value for money and environmental considerations. Newcastle City Council will act as the “Accountable Body” for the NELTB on an interim basis (subject to the outcomes of a wider governance review in the North East LTB area). The Accountable Body will develop a back to back agreement between the NELTB members in order to ensure these responsibilities are discharged. In addition a service level agreement will be specified to ensure that the NELTB receives an adequate level of support from the Accountable Body. As The Assurance Framework was required to be agreed by all of the named authorities in advance of the submission deadline of the end of February, it was necessary to consider the approval of the Assurance Framework as a Chief Officer delegated decision, in consultation with the relevant Portfolio Holder. Decision: We have endorsed the delegated decision taken on 25 February 2013 by the Corporate Director Regeneration and Economic Development to agree to the NELTB Assurance Framework. 6. School Admission Arrangements Academic Year 2014/15

Key Decision: CAS/01/12 Cabinet Portfolio Holder – Councillor Ossie Johnson Contact – Jane Jack- 03000 265879

We have considered a report of the Corporate Director, Children and Adults Services relating to the proposed admission arrangements for Community and Voluntary Controlled Schools for the 2014/15 academic year.

It is a mandatory requirement of the national School Admissions Code that all schools must have admission arrangements that clearly set out how children will be admitted, including the criteria that will be applied if there are more applications than places at the school (oversubscription). Admission arrangements are determined by admission authorities. The Local Authority (LA) is the admission authority for Community and Voluntary Controlled Schools, while the Governing Body is the admission authority for Voluntary Aided and Foundation Schools and the relevant Trust for an Academy or Free School. All admission authorities must agree admission arrangements annually and, where changes are proposed, the admission authority must first consult on those arrangements. The consultation period allows parents, schools, religious authorities and the community to raise concerns about the proposed admission arrangements. Stakeholders are consulted on:

• The number of pupils to be admitted in each year group (the Published Admission Number (PAN);

• The application and administrative procedures for admissions, including LA co-ordination with other admission authorities;

• The criteria to be used in the event of over-subscription; The only change proposed to the current admission arrangements that required consultation was a reduction in the Published Admission Number for a small number of schools, namely Seascape Primary, Beamish Primary, Cockton Hill Junior, Bearpark Primary, Cotsford Infant, Vane Road Primary and Startforth Morritt Memorial CE Primary to take account of recent capacity reassessments. The proposed reduction to the PAN in each case was accepted by Governing Bodies and no other comments were received from any other consultees. A risk assessment has been undertaken on the proposed admission arrangements for 2014/2015. There would be a breach of statutory duty imposed on the LA if admission arrangements were not determined by 15 April 2013 and published on the Council’s website by 1 May 2013. Decision We have agreed that in relation to Community and Voluntary Controlled Schools:-

• That the PANs (including those that have had a reduction to the PAN), be approved

• That the current admission arrangements be approved

7. NHS Reforms and the transfer of public health functions to Durham County Council Cabinet Portfolio Holders – Councillors Lucy Hovvels, Morris Nicholls, and Ossie Johnson Contact – Peter Appelton- 03000 267381

We have considered a joint report of the Corporate Director, Children and Adults Services, and Director of Public Health County Durham that provided an update on developments in relation to NHS reforms, including the transfer of public health functions to Durham County Council from NHS County Durham. We have been presented with quarterly update reports on NHS reforms and public health since June 2011. These reports provided details on significant policy developments in relation to the wider NHS reforms and the transfer of public health functions to local authorities. On 1st April 2013, Strategic Health Authorities and Primary Care Trusts were abolished, Clinical Commissioning Groups took on responsibility for health care budgets for their local communities and Local Healthwatch was established to give local people a say in how health and social care services are provided. In addition, Health and Wellbeing Boards became responsible for:

• Supporting integrated working between health and social care commissioners and providers, and encouraging the use of, for example, pooled budgets, lead commissioning and integrated provision.

• Involving local people in certain elements of their work, reflecting the government’s plans for stronger democratic legitimacy and community involvement in health and social care.

• Tackling health inequalities and leading on the development of a local Joint Strategic Needs Assessment and Joint Health and Wellbeing Strategy.

Also on 1st April 2013, Durham County Council assumed its new role across the three domains of public health (health improvement, health protection and health services) and, in addition to improving the health of local people, the council is now required to ensure that NHS commissioners are provided with public health advice. During the transitional phase, the pace of change has been fast and there have been challenges to face, as the new NHS system is complex and will need time to embed. Throughout the transitional phase there has been regular reporting to us, and to both the Adults, Wellbeing and Health and Children and Young People’s Overview and Scrutiny Committees in order to keep key stakeholders up to date and aware of these important issues.

Moreover, partners have continually worked together to try to ensure a smooth transition but the process has been difficult. Delays were experienced with the public health finance allocations and regulations were also delayed in areas such as the Health and Wellbeing Board. These issues have been managed carefully by Durham County Council working with partners. Decision

We agreed to accept the report and to receiving further quarterly reports for the next twelve months in order to be updated on any further emerging issues linked to the transition. 8. Alcohol Harm Reduction Strategy 2012-15

Cabinet Portfolio Holders – Councillors Lucy Hovvels, Morris Nicholls, and Ossie Johnson Contact – Claire Sullivan- 0191 3717674

We have considered a joint report of the Corporate Director, Children and Adults Services and Director of Public Health County Durham that provided an update on the County Durham Alcohol Harm Reduction Strategy 2012-15.

The Government’s Drug Strategy, ‘Reducing Demand, Restricting Supply, building Recovery: Supporting people to live a drug free life’ was published in 2010. One of the key themes was to increase the number of people recovering from dependence of all drugs including alcohol. The Safe Durham Partnership launched its initial three-year Alcohol Harm Reduction Plan in July 2009 and established a multi-agency Strategic Alcohol Group to drive forward its implementation. The group is accountable to the Safe Durham Partnership, but also reports to the Health and Wellbeing Partnership. The Alcohol Harm Reduction Strategy was underpinned by an action plan which has been reviewed annually. Progress against actions is monitored at the three subgroups - Alcohol Prevention, Alcohol Control and Alcohol Treatment.

In 2010/11 the total annual investment secured across the partnership was £4.6 million. The local work has been informed by a comprehensive health needs assessment which has been used to inform the Joint Strategic Needs Assessment.

There was a need to refresh the Alcohol Harm Reduction Strategy in light of the new Government Strategy, findings from the Alcohol Health Needs Assessment as well as progress from the previous three years.

The aim of the Strategy is to reduce the harm caused by alcohol to individuals, families and communities in County Durham while ensuring that people are able to enjoy alcohol responsibly. The refreshed Strategy has 8 strategic objectives under the three themes of the Strategy which are prevention, control and treatment.

The Strategy is also underpinned by some key performance indicators which are monitored by the Alcohol Harm Reduction Group on a quarterly basis and reported to the Safe Durham Partnership.

Decision

We have:

• Approved the County Durham Alcohol Harm Strategy 2012-15

• Noted the progress made since the launch of the County Durham Alcohol Harm Strategy 2009-12

• Noted the three themes and eight strategic objectives of the new strategy.

9. School Funding Reforms 2013/14 and Schools Financial

Performance Monitoring Cabinet Portfolio Holders – Councillors Alan Napier, and Ossie Johnson Contact – Paul Darby- 03000 261930

We have considered a joint report of the Corporate Director, Resources and Corporate Director, Children and Adults Services which provided an update on changes to the way in which schools are funded, the impact on schools and Council services as a result of these changes, and a review of the existing financial governance arrangements within schools regarding budgetary control performance. The arrangements for funding schools and academies through the Dedicated Schools Grant, and the amounts that can be retained centrally, change with effect from 1 April 2013.

The Dedicated Schools Grant for 2013-14 is £347.22m, which is allocated between three ‘blocks’:

• Early Years

• High Needs (for Special Educational Needs) and

• Schools. The Schools Block also includes centrally retained expenditure. The decision of the Schools Forum to discontinue central funding for Behaviour Support related services from within the Dedicated Schools Grant has required those staff affected to be served with s188 notices as their jobs were consequently at risk.

The formula used to distribute funding to primary and secondary schools is now much simpler, with a greater emphasis on distributing funding according to pupil numbers and needs and less emphasis is placed on using costs as a basis. These changes have resulted in significant changes in formula funding

for individual schools, but this is mitigated by the application of transitional adjustments which limit the changes in funding from year-to-year.

There are also significant changes affecting High Needs SEN funding for primary and secondary schools. Arrangements have been made to minimise the effect on schools that stood to lose out on funding under these changes.

Funding for special and nursery schools is also affected by the reforms. For special schools the implication of the reforms was that funding would be less predictable in the future, which raised concerns about the viability of these schools. The Authority has responded to these concerns and proposed a funding method that will give these schools more certainty over their funding.

The reforms also include changes to the role of the Schools Forum, which give it a greater role in some decisions, and limit local authority membership. Governance arrangements for the Forum have been reviewed in light of these changes and this will be fed into the Council’s Constitutional Working Group in due course.

There will be a national funding formula from 2015-16, which will bring further changes. It is uncertain how a transitional protection scheme will operate in the new national formula.

The Schools Forum has written to the Secretary of State to express its concern about some of the potential adverse impact of a national funding formula on schools in Durham. The response acknowledged some of these concerns.

Schools’ delegated budgets are ring-fenced and cumulative under and over spends are carried forward as surpluses and deficits. Where schools are required to become sponsored academies, due to failing an Ofsted Inspection, the deficit becomes a cost to the local authority.

In the light of this situation, and identified gaps in the current financial governance framework with regards to reporting of schools financial performance via Cabinet, greater scrutiny will be placed on school budget plans and deficit recovery plans in the future. This will also affect decisions about applications to the school loans scheme.

Five schools had deficits at the start of 2012-13, totalling £107,000 and 128 schools needed to use some of their brought forward surplus to balance their 2012-13 budgets. Forecasts for 2012-13 suggest that 113 schools will overspend their budgets in 2012/13, and that 8 schools will carry forward a deficit, estimated to be £381,000 in total. 22 schools will carry forward surpluses of less than 2% of their 2013/14 budget share, and of these three are primary or secondary schools facing a reduction in funding next year.

Where there are significant immediate concerns regarding schools, reports will be brought forward in the coming months to set out options and consequences on the Council in this regard.

Decision We have:

• Noted the report and the consequential impacts of the School funding Reforms 2013/14, including the impact on the Behavioural Support Service following the delegation of this funding;

• Noted the potential impact of the National Funding formula from 2015/16;

• Noted the current position with regards to the schools balances / financial reporting arrangements and agreed to strengthened financial governance arrangements over schools budgets and financial performance monitoring and reporting as outlined in the report.

10. Annual Enforcement Programme Children and Young Persons (Protection from Tobacco) Act 1991 and Anti-Social Behaviour Act 2003 Cabinet Portfolio Holder – Councillor Brian Stephens Contact – Owen Cleugh- 03000 260925

We have considered a report of the Corporate Director, Neighbourhood Services which reviews enforcement activities under the Children and Young Persons (Protection from Tobacco) Act 1991, the Anti-social Behaviour Act and the Licensing Act 2003 for the period April 2012 to March 2013 and sought approval of the proposed enforcement programme for 2013/14. The County Council has a statutory duty to consider, at least once a year, the extent to which the Authority should carry out a programme of enforcement under the Children and Young Persons (Protection from Tobacco) Act 1991 and the Anti-social Behaviour Act 2003. These acts deal with the enforcement of underage sales of tobacco and aerosol paint containers respectively. The County Council has statutory responsibility for enforcement of the following age restricted products:-

• Tobacco (Children and Young Persons (Protection from Tobacco) Act 1991)

• Spray paint containers (Anti-social Behaviour Act 2003)

• Alcohol (Licensing Act 2003)

• Videos and DVD’s (Video Recordings Act 2010)

• Cigarette lighter refills (Cigarette Lighter Refill (Safety) Regulations 1999 and Consumer Protection Act 1987)

• Fireworks (The Pyrotechnic Articles (Safety) Regulations 2010 and Fireworks Act 2003)

The Authority has also adopted powers to enforce the age restricted sales of:-

• Solvents and glue (Solvents Intoxicating Substances (Supply) Act 1985)

• Knives (The Criminal Justice Act 1988, as amended by the Offensive Weapons Act 1996)

• Access to gaming establishments (Gambling Act 2005)

• Access to sunbed premises (Sunbeds (Regulation) Act 2010) The proposed enforcement programme for the coming year will consist of the following activities:-

(a) An intelligence led approach to under age sales enforcement and tobacco control based on the principles outlined in BRDO’s Age Restricted Products Code of Practice.

(b) Investigation of all consumer and trader complaints.

(c) Visits to ensure continued compliance with new legislation relating to the display and pricing of tobacco products

(d) Further development of joint working with the Police Alcohol Harm Reduction Unit and other agencies to adopt a holistic approach to solving problems associated with the accessibility and misuse of age related products. To include education, surveillance and test purchasing as well as other alternative enforcement strategies as appropriate.

(e) Development of our ‘Do You Pass’ retailer training including its use as an alternative to fixed penalty notices and other formal action.

(f) Continuation of our work in partnership with the police, HMRC and other agencies to tackle the problem of proxy sales and sales from private premises to children, particularly in relation to alcohol and tobacco.

(g) Continuation with a policy of reviewing premises when appropriate.

(h) Continuation of our work strategically both corporately and with partner agencies to tackle health inequalities and antisocial behaviour associated with the misuse and illegal supply of age restricted products, in particular alcohol and tobacco.

Decision We have approved the proposed enforcement plan for 2013/ 2014 11. County Durham Partnership Update

Cabinet Portfolio Holders – Councillors Simon Henig (Leader of the Council) and Brian Stephens Contact – Clare Marshall- 03000 263591

We have considered a report of the Assistant Chief Executive updating on issues being addressed by the County Durham Partnership (CDP) including summaries from the Board, the five Thematic Partnerships and all Area Action

Partnerships (AAPs). The report also included updates on other key initiatives being carried out in partnership across the County.

The Partnership continues to make a positive contribution, through joint working with all partners, against a range of jointly developed and agreed priorities. Whilst work continues against the longer term priorities as set out in the Sustainable Community Strategy, the Partnership also focuses on emerging issues such as Welfare Reform and its implications for local communities. The County Council is leading on a significant programme of work in order to ensure, as reforms are made, we understand the impact and work with partners to try and have support in place for local people to access.

The County Durham Partnership continues to grow and develop its range of partnership working across all sectors. Following the CDP’s commitment to the Armed Forces being ratified at the June 2012 Forum meeting with the signing of the Armed Forces Community Covenant, the first meeting of the County Durham Armed Forces Forum was held on 11 March. It was hosted by the 5th Battalion, The Royal Regiment of Fusiliers at the Gilesgate Armoury in Durham. The Forum seeks to ensure that service and ex-service personnel in County Durham suffer no disadvantage as a result of military service. It involves representatives of the armed forces and organisations for ex-service personnel, as well as partner organisations, elected members and officers of the County Council. The AAPs are also continuously developing new and varied ways of linking to all parts of their communities. The Council’s approach to Participatory Budgeting continues to evolve, as highlighted in the February Update Report presented to Cabinet. Three events have taken place during February and March that have resulted in over £650,000 being allocated to local communities across the Stanley, Three Towns and Derwent Valley AAP areas. The establishment of AAPs in 2009 followed a period of extensive consultation that led to us agreeing their Terms of Reference and the recruitment process for the seven AAP board positions for Members of the Public at its meeting on 19 March 2009. As was reported previously to us, AAPs have been subject to a number of reviews and examinations. The conclusions of these exercises, while suggesting some enhancements, have found the partnerships are delivering on their Terms of Reference as they have engaged large numbers of the public while completing a significant amount of local projects. The largest review of AAPs was carried out by Scrutiny in 2011, and has been reported to Cabinet. Many of the recommendations set out in the review have already been implemented. The key outstanding area for action relates to a number of suggested changes to the AAP Terms of Reference. The main changes to the original terms of reference include:

• Clarification that the AAPs are non political in nature

• Additional category of Forum membership included linked to volunteering

• Clarification provided regarding minimum age for Board membership (16 years)

• Clarification provided regarding minimum age for Forum membership (11 years)

• Increased length of co-optee contribution to 12 months

• Additional role and responsibility of Board Members linked to attendance at Task and Finish Group meetings included

• Clarification provided regarding the role of Forum Members at Board meetings

• Additional information included linked to declarations of interest and subsequent dispensation based on advice from DCC Legal Services Team

• Re-wording of ‘communities of interest’ information based on feedback from DCC Equalities and Diversity Team

• Clarification provided regarding future alterations to the terms of reference which should be in compliance with the DCC Code of Corporate Governance

• Minor re-wording of terms of reference overall to ensure clarity and grammatical consistency

As set out in the attached Terms of Reference, the role of AAP Member of the Public positions were to be reviewed after four years. As a consequence, many of the positions were up for renewal and publicity was underway to encourage new members to come forward. Whilst current Board members have undeniably made a significant contribution to the success of AAPs and they are not excluded from applying for a position, they were informed that preference would be given to recruiting new Board members. However, current Board members would be encouraged to continue as members of the AAP Forum and to take part in AAP Task and Finish Groups. Decision We have noted the contents of the report and agreed the recruitment process for the Members of Public positions on AAP Boards as set in this report and the revisions to the AAP Terms of Reference as set out in the report. 12. Empty Homes Cluster Programme

Key Decision: R&ED/10/13 Cabinet Portfolio Holders – Councillors Alan Napier and Eddie Tomlinson Contact – Sarah Robson

We have considered a Joint Report of Corporate Director, Regeneration and Economic Development and Corporate Director, Resources updating members on the progress in establishing the County Council’s Empty Homes Cluster Programme to purchase private sector owned empty properties in targeted areas, and, with partner Registered Providers (RP), invest in these properties in order to bring them back into use.

In 2012 the Homes and Communities Agency (HCA) invited bids from Local Authorities for financial assistance to assist in bringing long term private sector empty properties back into use. The cluster bid process focussed on bringing empty properties back into use within areas where void levels exceeded 10% of housing stock with a minimum aim of bringing 100 properties back into use in total. An assessment was made in April 2012 to identify all areas which fell within these criteria in the County. In total there were seven defined settlements which could then be grouped into three distinct areas. These three areas are:

• Easington Colliery

• South West Durham (includes Eldon Lane, Coundon Grange, Coundon, Dean Bank and Chilton)

• Craghead/South Moor A total of 20 Local Authorities including Durham, were successful in their bids to the HCA against a funding pot of £60m. The national scheme aims to bring a minimum of 3,500 empty properties back into use. The successful bid submitted by Durham County Council (DCC) was awarded £2.12m, or 3.5% of the total available. This amount is to assist in bringing an estimated 120 empty properties back into use by April 2015. A condition of the bid is that the HCA funding is match funded by the local authority. The DCC proposal will see the following estimated number of empty properties brought back into use within the 3 areas:

• Easington Colliery – 40 Units

• South West Durham – 55 Units

• Craghead/South Moor – 25 Units

The bid proposed an approach to bringing empty homes back into use that would involve partnership working with local Registered Providers (RP’s) who would provide additional investment funding as well as assist with the delivery of the project. It was also a requirement of the HCA funding that the programme included a model for re-investment in bringing additional empty homes back into use once the initial HCA funding was spent. In this way, the Government intends this first phase of investment to kick start a longer term, self-sustaining programme of bringing more empty properties back into use. The overall objectives of the scheme are to:

• Bring long term empty properties within Durham back into use in line with the Council’s Private Sector Housing Strategy.

• Deliver a high standard of property improvement and management and encourage further improvements in standards within the private rented sector.

• Increase decent and affordable rented housing for those in housing need and maximise housing choice for customers.

• Support investment within the council’s renewal areas through the reduction of long-term empty homes and prevention of decline.

• Maximise use of existing housing stock.

• Invest in capital assets with a future realisable value which also generates income and meets social objectives.

An informal working group of other Councils that have received Empty Homes Cluster funding has been established by DCC. This group will share good practice which will assist in taking the scheme forward. This proposal will see the council-owned housing stock outside of the Housing Revenue Account (HRA). This is at a time where the stock within the HRA is going through an options appraisal process. If the Council’s HRA housing stock transfers to a registered provider, the ownership of these homes will not transfer. The Council would still own the homes and they will continue to be managed and maintained by the partner RPs under the long term lease agreement. At the end of the 12 year lease, if the properties have not been sold, then the Council will need to either dispose of the properties or enter into another long term lease agreement with an RP. Decision We have agreed to:

• Delegate approval of the purchase of empty properties through the Cluster Programme to the Corporate Director Regeneration and Economic Development and Corporate Director Resources in consultation with the portfolio holders for Housing and Resources

• Delegate the choice of Registered Provider partners to the Corporate Director Regeneration and Economic Development and Corporate Director Resources in consultation with the portfolio holders for Housing and Resources

13. Quarter 4 2012/13 Performance Management

Leader of the Council – Councillor Simon Henig Contact – Jenny Haworth- 03000 268071

We have considered a report of the Assistant Chief Executive presenting progress against the Council’s corporate basket of performance indicators (PIs) and reporting other significant performance issues for 2012/13. The report was the end of year corporate performance report of 2012/13 for the council and contained information on key performance indicators, risks and Council Plan progress.

Performance has been maintained in many areas and improvements achieved in some services against a backdrop of the council achieving £93m savings to

date and increased volume in some key areas. Issues linked to the economy continue to affect performance across County Durham during quarter 4 such as unemployment and low levels of housing development but the council is still improving performance in many of its key priority areas. Improvements are evident in decency levels of council housing, reduced levels of crime, anti-social behaviour and domestic abuse as well as effective care of older people.

Areas which show a mixed picture of performance relate to youth employment, some areas concerning child protection and key environmental indicators with improved recycling and composting rates collected from the kerbside but worse levels of litter and detritus. Other areas worth noting where performance has dipped relate to breastfeeding rates and lower levels of successful drug treatment and those entering alcohol treatment.

The council’s corporate indicators also show mixed performance. Improvements have been seen in processing of housing and council tax benefit claims but council tax and business rates collected remain below target. Tenant arrears for East Durham Homes have also failed to meet target. Sickness absence has improved this period and work continues within each service to ensure the consistent and transparent application of the council’s Absence Management Policy. Customer service indicators show improved waiting times at customer access points but telephone calls answered in one minute continue to deteriorate. Freedom of Information requests responded to by deadlines also shows deteriorating performance but there has been increased volumes of requests since 2009/10 with a pre-election increase in March 2013.

Decision We have:

1 Noted the performance of the council at quarter 4 and the actions to remedy under performance

2 Agreed all changes to the Council Plan outlined in the report

3 Agreed the new performance indicator basket and targets proposed for corporate reporting in 2013/14 considering the key outcomes from the OSMB workshop.

14. Voluntary and Community Sector Strategy Cabinet Portfolio Holder – Councillor Brian Stephens Contact – Ian Hunter Smart- 03000 263595

We have considered a report of the Assistant Chief Executive which sought agreement for the Voluntary and Community Sector Strategy and Action Plan. The County Council, together with other public sector partners, has a strong and on-going commitment to supporting the voluntary and community sector

(VCS). This commitment is highlighted in the Sustainable Community Strategy (SCS) for County Durham.

Following local government reorganisation partners supported the idea of developing a ‘Third Sector’ strategy to promote a consistent approach and support for the VCS. In parallel with this, the sector, at that time represented by the One Voice Network, also outlined their intention to establish a comprehensive Third Sector Strategy. Through discussion it was agreed that this should be a shared strategy strongly linked to the SCS.

To scope this piece of work a workshop was held with the VCS and other partners to generate ideas for a vision and what might be included as the aims and objectives of a strategy. A steering group was then established consisting of representatives from the VCS, the Council, Durham Constabulary and NHS County Durham.

Whilst the steering group has been developing new ways of working more effectively and preparing the strategy a number of key policy changes have been introduced that have had an impact on this work.

Area Action Partnerships have a key role in engaging with and working alongside the VCS. A VCS representative sits on each AAP board and many of the public representatives are involved in VCS groups within their communities.

The aims of the strategy are:

• To build confidence and resilience in individuals and communities to enable improved quality of life.

• To nurture a flourishing and growing VCS to contribute to vibrant communities.

• To maintain strong and effective partnership working in order to achieve sustainable outcomes.

The Council will continue to work with partners in the steering group to develop the Action Plan further and ensure that the most appropriate organisations have an opportunity to contribute to the identification of additional actions so that it remains flexible enough to adapt to changing political and economic circumstances. Implementation of the Action Plan will be from July 2013.

Progress and performance will be monitored quarterly by the Steering Group and reported to the VCS Working Group. The Action Plan will be reviewed annually and a report made to the County Durham Partnership.

Decision

We have agreed the VCS Strategy and Action Plan for County Durham.

15. 2013 Refresh of the Safe Durham Partnership Plan 2011-14 Cabinet Portfolio Holder – Councillor Lucy Hovvels Contact – Carole Payne- 03000 268983

We have considered a report of the Corporate Director, Children and Adults Services seeking approval on the refresh of the Safe Durham Partnership (SDP) Plan 2011-14. The Crime and Disorder (Formulation and Implementation of Strategy) Regulations 2007 require that Durham County Council, along with the other responsible authorities (Durham Constabulary, NHS Commissioning Groups, County Durham and Darlington Fire and Rescue Service and Durham Tees Valley Probation Trust), develop and implement a Partnership Plan.

The 2011-14 Plan is the Safe Durham Partnership (SDP) strategy for reducing crime and disorder and for combating substance misuse in the area. The regulations also require that at the start of each year the Safe Durham Partnership Plan shall be revised following the completion of an annual Strategic Assessment. The final refresh of the Safe Durham Partnership Plan 2011/14 demonstrates that during 2012/13 significant progress in performance was, again, achieved. Compared with 2011/12:

• Crime fell by 14% to 23,034 incidents;

• Anti-social behaviour fell by 24% to 25,474 incidents;

• Deliberate and secondary fires fell by 43% to 1,191 incidents;

• Domestic Abuse repeat victimisation rate was 12.6%; well below the national target of 25%;

• 58% reduction in offending from prolific adult offenders; and

• 15% reduction in young people entering the youth justice system for the first time, achieving a 78% reduction since 2007/08.

The refresh of the Partnership Plan describes the way in which the SDP has made significant progress in delivering what it undertook to achieve during the life of the 2011-14 Plan. The refresh of the Partnership Plan outlines the challenge ahead which includes the need to embed the ‘Think Family’ approach. Think Family is known nationally as the Troubled Families Programme and partners will work with 1,320 families over three years. The Children and Adults Service Management Team, the Corporate Management Team and the Safe Durham Partnership Board received the first draft of the Partnership Plan refresh in March 2013 and provided feedback which was reflected in the updated version.

Decision We have approved the refresh of the Partnership Plan and recommended its adoption by Council.

16. Transfer of Investing in Children to a Community Interest

Company Cabinet Portfolio Holders – Councillor Ossie Johnson Contact – Carole Payne- 03000 268983

We have considered a report of the Corporate Director, Children and Adults Services advising of a delegated decision made under delegated powers to transfer Investing in Children to a Community Interest Company. Since 1995 Investing in Children has played a key role in ensuring that children and young people have had a voice in the design, review and delivery of the services they use in County Durham. As a result, Durham County Council has enjoyed a regional, national and international reputation as an authority committed to respecting the human rights of children and young people. In the current economic climate, the County Council has had little choice but to reduce its financial support to Investing in Children, and further reductions are planned for 2013 and 14. When the savings in the current Medium Term Financial Plan are implemented, the Council’s contribution to the Investing in Children budget in the five years between 2009 and 2014 will have been reduced by 66%. As a result of a decision made by the County Council in 2004, to establish the Investing in Children Development Agency, the Project has established a portfolio of external work. In financial year ending 12/13, 46% of the budget came from sources other than the County Council.

An opportunity was identified to secure the future of Investing in Children, and the key contribution it makes to the planning and delivery of services to children and young people in Durham, whilst reducing its financial dependence upon the County Council. The Business Plan attached at appendix 2 to the report includes an outline of how this might be achieved. The Plan makes the case for converting Investing in Children from County Council control and converting it to a Cooperative Community Interest Company (CIC) in order to reduce the risk to the Council and secure Investing in Children’s future.

The Business Plan also considered the financial risks to the County Council. The reductions in funding which have already been implemented and the further reductions contained in the Medium Term Financial Plan effectively create a doubt about the long term sustainability of Investing in Children. If no action had been taken, the current Investing in Children Team would have been at risk of redeployment or redundancy, with the consequent costs to the Authority of redundancy of ten staff. The current estimated cost to the Authority of early retirement and redundancy of the current team is £140,000.

The proposals put forward in the Plan created an alternative course of action which, without exposing the County Council to any additional risk, created the realistic possibility of the Authority retaining the services of Investing in Children whilst reducing its employer’s liability for the staff involved over a 2 year period. Specific advice was given by relevant corporate experts in relation to Pensions, Employment Liability and TUPE transfer. Like any new business, Investing in Children will face a challenging period. Over the next two years, the organisation needs to not only consolidate existing business but also develop significant new business to cover its running costs, and create a reserve, to cover the employer’s liabilities it will inherit from the County Council in 2015.

There are a number of opportunities to maximise income to the new Community Interest Company, including through the securing of income from funders geared specifically to social enterprise and mutual providers. Of particular note is the potential to develop work in Europe, where there are signs of a market and resources in this area of work. The EEC Europe for Citizens’ Programme has announced a new grants round. Grants of between 100,000 euros and 250,000 euros are available.

As the proposals concern the Investing in Children Membership Scheme, the most persuasive application would come from IiC itself, rather than one of the partners. However a successful application required clarity about IiC’s status, and in this case, time was critical. The closing date for applications was June 1st, and there is unlikely to be a further grants round until 2014.

Although income from this fund is not assumed in the IiC business plan, a successful bid would significantly improve the new company’s prospects.

Had a delegated decision not been taken, it would not have been possible to make this bid in time. In addition, other work to secure funding would have been put on hold. A delegated decision to transfer Investing in Children to a Community Interest Company was made by the Cabinet Portfolio Holder, in consultation with the Corporate Director of Children and Adult Services on May 1st, 2013.

Decision

We have endorsed the decision to transfer Investing in Children to a Community Interest Company under delegated powers, on the basis that:

• risk to the Council is reduced to the Council post transfer

• the transfer provides the best opportunity for service continuity, which is to the Council’s advantage

• the Council’s support for the new mutual is best served by facilitating their access to additional funding streams without delay.

17. Interim Policy / Procedure for the Adoption of Public Open Space Associated with New Housing Developments Cabinet Portfolio Holders – Councillors Brian Stephens and Neil Foster Contact – Oliver Sherratt- 03000 269259

We have considered a joint report of the Corporate Director, Neighbourhood Services and Corporate Director Regeneration and Economic Development requesting that Cabinet consider an introduction of an interim countywide adoption policy for maintenance of public open space linked to new housing developments.

Since Local Government Reorganisation (LGR) in April 2009 there has been no countywide open space adoption policy. Prior to LGR the seven former district councils who undertook the majority of grounds maintenance work on open spaces, had varying approaches to adoption. Once such land was deemed to be of an adoptable standard some former districts assumed responsibility for its maintenance at no cost to the housing developer, other former districts levied a charge. There are also examples of open space maintenance being carried out by former districts at no charge yet the land remaining in private ownership.

Discussions between officers in Neighbourhood Services and Regeneration and Economic Development have identified the need to view open space adoption along with the other adoption processes associated with new housing developments to ensure a full and proper co-ordination with regeneration strategy, planning and assets issues. This is a significant piece of work and will result in a new cross-cutting policy / procedure for the adoption of new housing developments in due course.

Furthermore, under the terms of the Flood and Water Management Act 2011 it is expected that the adoption of Sustainable Urban Drainage Schemes (SUDS) on housing developments will be obligatory from 2014 provided that they have been constructed to specifications / plans agreed with Durham County Council Drainage Section. The earliest this will be from is 1 April 2014. Final guidance on this has yet to be announced by the Department for Environment Food and Rural Affairs (DEFRA).

Until the new cross-cutting policy is developed, and to deal with the legacy issues inherited at and since LGR, a sustainable and cost effective countywide approach to the adoption of open spaces is required in the interim period, the necessity for which is amplified by the number of developers now seeking adoption procedure clarification as their developments are completed / near completion. The report outlined the options available to Durham County Council in respect of open space adoptions. The adoption of this interim policy will allow progression to formal adoption of the schemes identified in the report. Informally, many of the developers involved are expecting a commuted sum formula to be applied.

This interim policy would also form part of the supplementary planning document, alongside other adoption issues, to act as guidance/requirements for developers linked to the Local Plan Framework. Decision We have:

• Agreed the interim open space adoption policy incorporating a commuted sum equivalent to 15 years maintenance costs ring fenced for this purpose.

• Noted that the new interim countywide policy be applied to all future

requests for adoption. In instances where a developer had previously agreed to formal terms of adoption (for example with a former district), then these terms will still apply.

• Agreed to consider if a policy/procedure is required for housing developers ceasing trading prior to completion, where no funds for maintenance would be forthcoming, either on a case by case basis, or by way of an early policy decision to accept (or reject) maintenance made.

Councillor S Henig

Leader of the County Council

11 June 2013