Agenda, decisions and draft minutes

To receive any apologies for absence.

Apologies were received from Councillors Suria Aujla, Jason Baker, Adam Boyden, Shane Collins, Tom Deakin, Andy Dingwall, Michael Dunk, Ben Ferguson, Philip Ham, Susannah Hart, Marcus Kravis, Steven Page, Kathy Pearce, Emily Pearlstone, Derek Perry, Rob Reed, Tony Robbins, Jill Slocombe and Andy Soughton.

Although apologies had been received, Councillors Suria Aujla, Philip Ham and Tony Robbins attended the meeting online.

The Chair paid tribute to Professor John Sharp, former Councillor at South Petherton Town Council and to  Terry Hall former Councillor of Taunton Deane Borough Council and former Mayor of Taunton.  Both had died recently.  The Chair thanked them each for their services and the meeting observed a moment of silence.

To receive and note any declarations of interests in respect of any matters included on the agenda for consideration at this meeting.

(The other registrable interests of Councillors of Somerset Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes: City, Town & Parish Twin Hatters - Somerset Councillors 2023 )

Councillorspresent atthe meetingdeclared thefollowing interestsin their capacity as a Councillor of a Town or Parish Council or any other Local Authority:-

The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.

For those members of the public who have submitted any questions or statements, please note, a three-minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue.  Please note: as this is a special meeting of Full Council, only questions and statements relating to items on the agenda will be accepted.

We are now live webcasting most of our committee meetings and you are welcome to view and listen to the discussion. The link to each webcast will be available on the meeting webpage, please see details under ‘click here to join online meeting’.

Public questions were received from:-

·       Neil Guild and Micheal Duffy – Union Submission with reference to the Council’s Workforce Restructure

·       Nigel Behan – Workforce Restructure and Audit Report

·       David Orr – Council Transformation

The questions and responses provided are attached to the minutes in Annex A.

To consider the recommendations from the Leader and Executive and the Chief Executive.

All the final structure charts can be viewed in Appendix E

Councillor Theo Butt Philip proposed that the Council accept the recommendations.  This was seconded by Councillor Bill Revans. 

The proposal was carried.

RESOLVED

1.     To endorse the proposed organisational structure as set out in the report and its appendices, ahead of the decision by the Head of Paid Service.

2.     To note that where any proposed changes to service delivery, as a result of the organisation structure proposals, would impact on existing approved service standards, Executive have delegated authority to the relevant Service Director to revise the service standards and also complete a review of any impacted plans and policies (in consultation with their Executive Lead Member) before the end of May 2025. These were set out in Appendix B of the report.

This report by the Chief Executive set out the organisational structure proposals that would become effective on 1 April 2025.  The proposals would form a critical part in helping to achieve the ‘Vision for a sustainable Somerset Council’ as set out in Appendix E of the report.

There were no proposals to stop services, but the reduction in capacity would require a sharp focus, in line with corporate priorities, to prioritise resource on those things that mattered most.

The organisational restructure was part of the Council’s Improvement and Transformation Programme that was endorsed by Executive in February 2024 and would deliver total General Fund savings of £34m.  The programme was rapidly accelerating the pace of change towards delivering a radically different way of working as a Council, operating with fewer staff, whilst increasing our influence and impact.

The Lead Member for Transformation, Human Resources and Localities, Councillor Theo Butt Philip,  was invited to speak.  He thanked the Chief Executive for the report and re-iterated it was essential the Council become stable and sustainable.

The Leader of the Council, Councillor Bill Revans, was invited to speak.  He thanked the Officers and Unions for their work in preparing the report.

During the discussion the following points were raised:

·     With regard to the planning service, Members said the quarterly report which had been considered by the Strategic Planning Committee recently was concerning with regard to staffing numbers.  This included staff in other departments that supported the planning officers.  There was concern there was a risk to the Council of the cost of appeals and cost of applications which were not being determined on time.  Such a risk could cost the Council more money in the long term.  Members noted there were a number of vacancies in the planning department and associated departments which the Council was trying to recruit to.  Also changes in the way applications were considered such as triaging may help to reduce the pressure on colleagues.

·     Members wished public facing services such as planning to be prioritised for investment.  Members noted the Council would have a pay review in the future which may help.

·     With regard to adult services members noted one-off grant money would be used to recruit officers.  Members queried how many staff were involved in this and whether it was sustainable. 

·     Members noted the workforce had contributed to the restructure and that should give Members confidence the services would be set up in a sustainable way.  

·     With regard to impact assessments, some members said it seemed older people and those with reduced mobility would be hardest hit by the changes to the services.  Thus, potentially breaking some of the Council’s own priorities.  Members noted that some services may be delivered differently, but no protected group should be unacceptably impacted upon.

·     Some Members believed the Council was underfunded.  There was concern the Council was changing and that it would not be better in future.  Members were pleased to see some posts had been reinstated as a result of  ...  view the full minutes text for item 72.

To consider the recommendations from the Leader and Executive.

Councillor Federica Smith-Roberts proposed the Council accepted the recommendations in the report.  This proposal was seconded by Councillor Mandy Chilcott.

The proposal was carried unanimously.

RESOLVED

That Full Council approve:

1.     Rent Setting for 2025/26

a.   An increase of 2.7% on Dwelling Rents for 2025/26 in line with the Governments Rent Standard.

b.   An increase of 2.7% for Sheltered and Extra Care housing rents in line with the dwelling rents increase.

c.   An increase of 2.7% for Shared Ownership properties.

d.   An increase of 2.7% on affordable rental tenures, with the rent being reviewed at relet based on 80% of open market rent capped at the LHA rate.

2.     Fees and Charges for 2025/26

a.     The Service Charges for 2025/26 as shown in Appendix A of the report for Homes in Sedgemoor and Appendix B of the report for the In-House Service.

b.     An increase of 2.7% for garage rents in the North.

c.     A freeze on garage rents in the West.

d.     An increase of 1.7% on temporary accommodation daily rates.

e.     An increase of 1.7% for Meeting Hall hourly rental rates.

f.       An increase of 1.7% for Guest Room charges.

g.     To discontinue the lifeline subsidy from 1 April 2025 for all new tenants (whereas existing tenants will still benefit from this protection).

3.     To note that the Revenue Budget for 2025/26, Capital Budget for 2025/26 to 2029/30, MTFP and 30-Year Business Plan Update will be presented to a later Executive / Full Council in February 2025.

The Lead Member for Communities, Housing Revenue Account, Culture and Equalities and Diversity, Councillor Federica Smith-Roberts introduced the report. 

This report presented to Members the Housing Revenue Account (HRA):

a. Rent Setting for 2025/26

b. Fees and Charges for 2025/26

The proposals included in this report would enable the Council to set a balanced budget for the HRA for 2025/26.

The report asked Members to note that the Revenue Budget for 2025/26, Capital Budget for 2025/26 to 2029/30, MTFP Update and 30-Year Business Plan Update would be presented to the Executive / Full Council in February 2025.

The report stated the Council had a legal duty to set the Rents and Fees and Charges for the Housing Revenue Account prior to the start of the financial year to which the budget related.  To note that these proposals would contribute towards the Council being able to set a balanced budget for 2025/26.

Members were asked to note the report had been considered by Homes in Sedgemoor, the Tenants Committee and the Scrutiny Committee.

During the discussion the following points were raised:

·     Where the report mentioned percentages, members wished to know what this meant in terms of cost increases.

Councillor Federica Smith-Roberts proposed the Council accepted the recommendations in the report.  This proposal was seconded by Councillor Mandy Chilcott.

Having been duly proposed and seconded, the Council Resolved:-

1.  Rent Setting for 2025/26

a.      An increase of 2.7% on Dwelling Rents for 2025/26 in line with the Governments Rent Standard.

b.      An increase of 2.7% for Sheltered and Extra Care housing rents in line with the dwelling rents increase.

c.      An increase of 2.7% for Shared Ownership properties.

d.      An increase of 2.7% on affordable rental tenures, with the rent being reviewed at relet based on 80% of open market rent capped at the LHA rate.

2.   Fees and Charges for 2025/26

a.    The Service Charges for 2025/26 as shown in Appendix A of the report for Homes in Sedgemoor and Appendix B of the report for the In-House Service.

b.    An increase of 2.7% for garage rents in the North.

c.     A freeze on garage rents in the West.

d.    An increase of 1.7% on temporary accommodation daily rates.

e.    An increase of 1.7% for Meeting Hall hourly rental rates.

f.      An increase of 1.7% for Guest Room charges.

g.    To discontinue the lifeline subsidy from 1 April 2025 for all new tenants (whereas existing tenants will still benefit from this protection).

3.   To note that the Revenue Budget for 2025/26, Capital Budget for 2025/26 to 2029/30, MTFP and 30-Year Business Plan Update will be presented to a later Executive / Full Council in February 2025.

4.    

To consider the External Auditor's two statutory recommendations and Annual Report for 2023-24.

Councillor Mike Hewitson proposed that the Council accept the recommendations in the report.  Councillor Liz Leyshon seconded this proposal.

The proposal was carried. 

RESOLVED

1.     To note the two Statutory Recommendations in the Auditor’s Report and

2.     Endorse the management responses and proposed actions set out in the report to Council.

The Chair of the Audit Committee, Councillor Mike Hewitson, introduced this report.

This report stated the External Auditor’s Annual Report for 2023/24 had been reported to the Audit Committee on 30 January 2025 (see Appendices 1 and 2 of the report).  It detailed the Auditors’ findings on arrangements in place at the Council to secure economy, efficiency, and effectiveness in its use of resources during 2023/24.

The Auditor’s report included two Statutory Recommendations in relation to serious concerns over the Council’s financial sustainability that had been issued to the Council, by its External Auditors Grant Thornton, exercising their powers under Schedule 7 of the Local Audit and Accountability Act 2014.

In accordance with the Act, a meeting of the Full Council was required within one month to consider the two statutory recommendations, to decide:

(a) whether the report required the authority to take any action or whether the recommendation was to be accepted and

(b) what, if any, action to take in response to the report or recommendation.

The Auditor in addition to the two Statutory Recommendations had also raised nine Key Recommendations and eight Improvement Recommendations addressing perceived weaknesses in the Council’s arrangements for financial sustainability, governance and securing economy, efficiency, and effectiveness.  The management response and planned actions would be overseen by the Audit Committee.

This report informed all Councillors of the background framework and the next steps to ensure that the external auditor’s statutory recommendations were addressed promptly and satisfactorily.

Statutory Recommendation 1 (SR1) The Council should develop detailed savings plans at pace to deliver the savings targets set out in the MTFS in order to reduce reliance on one-off resources and rebase the Council's budgets to a financially sustainable level.

Statutory Recommendation 2 (SR2) The Council should develop the overarching transformation business case and detailed business cases for individual workstreams that will deliver service transformation and contribute to delivering the Council's ambitious savings targets.  The funding required to deliver transformation, and the new target operating model, should be identified and a funding plan developed.  This should be undertaken at pace in order to deliver the savings required to balance the 2025/26 budget.

During the discussion the following points were raised:

·        Members of the Audit Committee said they accepted the findings by the Auditors.

·        There was some concern the Council had been slow to respond to the findings of the Auditors, and some felt there may have been a lack of humility shown in accepting them. 

·        Members said it was important to note the recent unusual circumstances for local councils including the LGR, COVID, and financial pressures.

·        Members noted the strength of the findings of the Auditors and how they should be taken very seriously. 

·        The Chair of Audit said the auditors would be giving careful consideration to the direction the Council was moving as it worked to improve.

·        The Director said it may be necessary for the Council to engage with external support in order to make good progress.

·        Members noted they would receive more reports  ...  view the full minutes text for item 74.

To consider the recommendations from the Leader and Executive.

Councillor Bill Revans proposed that the recommendation set out in the report be approved.  This was seconded by Councillor Mandy Chilcott.

The proposal was carried unanimously.

RESOLVED

To agree that the former Somerset County Council’s Covert Surveillance (RIPA) Policy attached to the Report be re-adopted as amended, as the RIPA Policy for Somerset Council.

The Leader of the Council introduced the report.

This report stated the Regulation of Investigatory Powers Act 2000 (“RIPA”) governed the acquisition of communications data and the use of covert surveillance by local authorities.

Public Authorities such as Somerset Council in respect of whom RIPA applied were subject to periodic inspections by the Investigatory Powers Commissioner’s Office (IPCO) who provided independent oversight on the use of investigatory powers, as outlined in the Regulation of Investigatory Powers Act 2000.

By conducting robust, evidence-based inspections of the use of investigatory powers, the Inspectorate ensured that those public bodies authorised to use investigatory powers were doing so lawfully and in line with best practice.

Somerset Council had received an in-person inspection by one of the IPCO inspectors on the 3 April 2024 and subsequently online on the 10 May 2004.

On 2 September 2024 the Executive had agreed the following recommendations:

1.      To note the contents of the report to the Executive.

2.      To note the outcome of the Inspection by the Investigatory Powers Commission.

3.      To note the use of the Authorities’ powers under RIPA for the period of 3 years prior to the formation of the unitary Council, for the period 2023/24 and thereafter that the use of the powers be reported to the Executive on an annual basis.

4.      Recommended to Full Council that the former County Council’s Covert Surveillance (RIPA) Policy be re-adopted as amended, as the RIPA Policy for Somerset Council.

5.      Agree and note the Council’s Policy as recommended above would be reviewed annually by the Executive.

Members noted the report and agreed the use of covert surveillance by local authorities was very powerful should it ever be necessary.

Councillor Bill Revans proposed that the recommendation set out in the report be approved.  This was seconded by Councillor Mandy Chilcott.

Having been duly proposed and seconded, the Council Resolved:-

To agree that the former Somerset County Council’s Covert Surveillance (RIPA) Policy attached to the Report be re-adopted as amended, as the RIPA Policy for Somerset Council.

Councillors are required to give notice of any such question in writing to the Monitoring Officer no later than 5pm providing three clear working days’ notice before the meeting, in order to be guaranteed a written response. For this meeting the deadline is 5pm on Thursday 6 February 2025.

Details of any questions received will be circulated to all councillors prior to the meeting and made available at the meeting and on the Council’s website.

Any question received after 5pm on Thursday 6 February and no later than 9am 12 February may only receive a verbal response at the meeting or the Chair may direct them to the appropriate committee or the next meeting of the Council.

Questions may be asked without notice and councillors are limited to one minute to put their question. Supplementary questions can only be asked with the consent of the Chair. The Chair will determine the number of questions asked without notice and the total time allocated for this item.

Councillors are reminded of the opportunities outside of the Council meeting to raise matters directly with the Leader of the Council, Executive Lead Members or Directors. In addition, Councillors can raise questions at meetings of the Executive.

Please note: as this is a special meeting of Full Council, only questions and statements relating to items on the agenda will be accepted.

The Chair of the Council, Councillor Mike Best, invited questions from Councillors for the Leader and the Executive.

Member questions were received from:-

·      Councillor Diogo Rodrigues – Support for Businesses.  And Bus and Rail Links

·      Councillor John Hunt – The proposed disposal of the Mary Street/High Street Car park, Taunton

The questions and responses provided are attached to the minutes in Annex B.