Agenda, decisions and draft minutes

Cabinet - Wednesday, 12th January, 2022 7.00 pm

Venue: Ashurst Main Hall - The Charis Centre. View directions

Contact: Democratic Services  Email: democratic.services@crawley.gov.uk

Items
No. Item

1.

Disclosures of Interest

In accordance with the Council's Code of Conduct, councillors are reminded that it is a requirement to declare interests where appropriate.

 

Minutes:

No disclosures of interests were made.

 

2.

Minutes pdf icon PDF 546 KB

To approve as a correct record the minutes of the Cabinet held on 24 November 2021.

Minutes:

The minutes of the meeting of the Cabinet held on 24 November 2021 were approved as a correct record and signed by the Leader.

 

3.

Public Question Time

To answer any questions asked by the public which are relevant to the functions of the Cabinet.

 

Public Question Time will be concluded by the Chair when all questions have been answered or on the expiry of a period of 15 minutes, whichever is the earlier.

Minutes:

There were no questions from the public.

 

4.

Matters referred to the Cabinet and Report from the Chair of the Overview and Scrutiny Commission pdf icon PDF 237 KB

To consider any matters referred to the Cabinet (whether by a scrutiny committee or by the Council) and those for reconsideration in accordance with the provisions contained in the Scrutiny Procedure Rules, the Budget Procedure Rules and the Policy Framework Procedure Rules set out in Part 4 of the Council’s Constitution.

 

Minutes:

It was confirmed that no matters had been referred to the Cabinet for further consideration.

 

5.

Information on Option 3 in relation to Petition – 'Keep your dog on a lead in Tilgate Park' pdf icon PDF 463 KB

Wellbeing Portfolio

 

To consider report HCS/34 of the Head of Community Services, which was referred to the meeting of the Overview and Scrutiny Commission on 10 January 2022.

Minutes:

 

The Leader of the Council supported by the Cabinet Member for Wellbeing presented report HCS/34 of the Head of Community Services.  At its meeting of 8 September 2021, Cabinet had requested that Officers bring a further report back for its consideration, which provided more detail with regards to the potential implementation of Option 3 referred to within the report HCS/30 Petition “Keep your dog on a lead in Tilgate Park”. In order for Cabinet to make an informed decision, it had been requested that the further report provide information on Option 3, the possible changes to service delivery and personnel, expected financial implications and any legal aspects. This should include details on the use of bye-laws and the installation of a Public Space Protection Order (PSPO) together with the associated statutory consultation requirements. 

 

Members were reminded that the Council did have policies in place, especially round the main Tilgate Lake to try and discourage dog owners from having their dogs off the leads. However, there had been reports of wildfowl being killed and people either being chased or attacked by dogs which were not on a lead, which had lead to the submission of the original petition.

 

In evaluating the report and the concept of installing at PSPO at Tilgate Park, it was emphasised that one of the key elements in adopting any PSPO was the requirement for a public consultation, the feedback of which would help to inform any decision. It was reiterated that the final decision on any potential adoption of a PSPO would be a decision by the Full Council, and as such, all Councillors would be involved in the decision which was due to be taken at the July 2022 meeting of the Full Council.

 

Councillor T Belben presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following consideration of the matter at its meeting on 10 January 2022.  The comments included three recommendations that the Commission felt would enhance and support the concerns raised in the petition and the proposed PSPO. The Commission’s recommendations to Cabinet were:

 

1.    That a master plan of the restricted areas (map) outlining the exact geographical area affected by the PSPO be included in the PSPO report scheduled for Cabinet June 2022.

 

2.    Requests that Cabinet investigate the opportunity to create a register of professional dog walkers in order to monitor the use. 

 

3.    Requests that Cabinet consider the implementation of a specific webpage (portal) or link (similar to the Council’s ‘report a problem’ page) to improve information sharing and the reporting of dog off leads instances, which would assist with the gathering of data and evidence.

 

It was also noted that the majority of Commission members supported the implementation of a PSPO.

 

Councillor Irvine also spoke as part of the discussion on the report. 

 

 

RESOLVED

 

That the Cabinet

 

a)      agrees in principle to the implementation of a Public Space Protection Order (PSPO) to prohibit dog related anti-social behaviour in Tilgate Park for a period  ...  view the full minutes text for item 5.

6.

Forward Programme of Key Procurements January 2022 – June 2022 pdf icon PDF 235 KB

The Leader’s Portfolio

 

To consider report FIN/541 of the Head of Corporate Finance.

Additional documents:

Decision:

 

 

RESOLVED

 

That the Cabinet:

 

a)      approves the procurement forward programme January – June 2021 as detailed in report FIN/541

 

b)      delegates authority to the Leader of the Council in consultation with the relevant Cabinet Member, Head of Service, and Head of Legal, Governance and HR to approve the award of the contract following an appropriate procurement process.

 

c)       delegates the negotiation, approval and completion of all relevant legal documentation, following the awarding of the contracts, to the relevant head of service, Head of Legal, Governance and HR, and Head of Corporate Finance, in consultation with the appropriate Cabinet member.

(Generic Delegations 2 & 3 will be used to enact this recommendation)

 

d)      approves Worthing Borough and Adur District Councils to provide the insurance service for Crawley Borough Council.

 

e)      authorises the Section 151 Officer to enter into the Joint Working Agreement by way of a service level agreement with Worthing Borough and Adur District Councils and finalise the arrangements.

 

 

Reasons for the Recommendations

 

a)         By approving the procurement forward programme there is greater transparency of future procurement processes allowing more scope for internal stakeholders to input into how future contracts are delivered.

 

b)         The approval of the forward programme provides a key decision that will enable the individual procurement processes to be awarded under delegated authority once the tender process has concluded, giving the Council the ability to reduce the time required to complete a procurement process.

Minutes:

The Leader presented report FIN/541 of the Head of Corporate Finance.  The report sought approval for the current forward programme of key procurements (over £500,000) and sought delegated authority for contract award approvals following the appropriate procurement process. The report also provided an update on the previously identified procurements from July-December 2021. 

 

The Cabinet asked that its thanks be recorded to Jo Newton-Smith, Procurement Manager, who was due move to pastures new after working for 20 years at the Council and the Joint Procurement Partnership.

 

 

RESOLVED

 

That the Cabinet:

 

a)      approves the procurement forward programme January – June 2021.

 

b)      delegates authority to the Leader of the Council in consultation with the relevant Cabinet Member, Head of Service, and Head of Legal, Governance and HR to approve the award of the contract following an appropriate procurement process.

 

c)       delegates the negotiation, approval and completion of all relevant legal documentation, following the awarding of the contracts, to the relevant Head of Service, Head of Legal, Governance and HR, and Head of Corporate Finance, in consultation with the appropriate Cabinet Member.

(Generic Delegations 2 & 3 will be used to enact this recommendation)

 

d)      approves that Worthing Borough and Adur District Councils provide the insurance service for Crawley Borough Council.

 

e)      authorises the Section 151 Officer to enter into the Joint Working Agreement by way of a service level agreement with Worthing Borough and Adur District Councils and finalise the arrangements.

 

 

Reasons for the Recommendations

 

a)         By approving the procurement forward programme there is greater transparency of future procurement processes allowing more scope for internal stakeholders to input into how future contracts are delivered.

 

b)         The approval of the forward programme provides a key decision that will enable the individual procurement processes to be awarded under delegated authority once the tender process has concluded, giving the Council the ability to reduce the time required to complete a procurement process.

 

7.

Modern Slavery and Human Trafficking Transparency Statement pdf icon PDF 162 KB

The Leader’s Portfolio

 

To consider report FIN/539 of the Head of Corporate Finance.

 

Additional documents:

Decision:

 

RESOLVED

 

That the Cabinet approves

 

a)      the publication of the Modern Slavery and Human Trafficking Transparency Statement as attached at Appendix A to report FIN/539.

 

b)      that the Leader of the Council be delegated the approval of minor amendments and subsequent annual statements for publication, in consultation with the Head of Legal, Governance and HR, Head of Community Services and Head of Corporate Finance.

 

 

Reasons for the Recommendations

 

a)         The adoption and publication of a Modern Slavery and Human Trafficking Transparency Statement is considered best practice and is likely to become a statutory requirement within the next 12 months.

 

b)        The approval of the statement shows the commitment of Crawley Borough Council to tackling modern day slavery in the community and in its supply chains. It also supports the principles set out in the Social Value Charter which is used within our procurement processes.

 

 

Minutes:

 

The Leader presented report FIN/539 of the Head of Corporate Finance.  The report sought approval for the publishing of the Council’s Modern Slavery Statement which acknowledged the provisions set out in the Modern Slavery Act (2015) and recognised the need to eradicate modern slavery and human trafficking in its business and supply chain, including how the Council would work with its procured services to avoid exploitation. It was noted that it was a legal requirement for the Council to have an approved Statement.  The Statement would be updated annually and would set out the Council’s current position as well as future plans to ensure all modern slavery risks related to its business and supply chain were identified and mitigated. 

 

It was sadly acknowledged that there had been an incident of modern slavery within the Borough, so having a Statement in place was a further way in which the Council could support its residents.

 

Councillor Crow was invited to speak to the item and welcomed the approach being taken on both establishing a Modern Slavery Statement and the details contained within it.

 

 

RESOLVED

 

That the Cabinet approves

 

a)      the publication of the Modern Slavery and Human Trafficking Transparency Statement as attached at Appendix A to report FIN/539.

 

b)      that the Leader of the Council be delegated to approve minor amendments to the Statement and subsequent annual Statements for publication, in consultation with the Head of Legal, Governance and HR, Head of Community Services and Head of Corporate Finance.

 

 

Reasons for the Recommendations

 

a)         The adoption and publication of a Modern Slavery and Human Trafficking Transparency Statement is considered best practice and is likely to become a statutory requirement within the next 12 months.

 

b)        The approval of the Statement shows the commitment of Crawley Borough Council to tackling modern day slavery in the community and in its supply chains. It also supports the principles set out in the Social Value Charter which is used within the Council’s procurement processes.

 

 

 

8.

Provision of Internal Audit Services pdf icon PDF 157 KB

The Leader’s Portfolio

 

To consider report FIN/540 of the Head of Corporate Finance.

Decision:

 

RESOLVED

 

That the Cabinet:

 

a)      approves, with effect from 1 April 2022, that Southern Internal Audit Partnership provides the internal audit service for Crawley Borough Council.

 

b)      authorises the Section 151 Officer to enter into the Joint Working Agreement by way of a deed of accession with Southern Internal Audit Partnership and finalise the arrangements.

 

c)       approves that the Section 151 Officer or their representative to represent the Council’s interests by becoming a voting member of the Southern Internal Audit Partnership Key Stakeholder Board.

 

 

Reasons for the Recommendations

 

To ensure that a statutory internal audit function is provided for the Council. By joining an existing shared service there will be access to qualified internal audit staff and specialisms not available to a team of two.

 

 

Minutes:

The Leader of the Council presented report FIN/540 of the Head of Corporate Finance.  The report sought approval to enter into a joint working agreement to receive internal audit from Southern Internal Audit Partnership following significant staffing changes in the Council's current internal audit function. The Council were part of similar partnerships for other services including Procurement and Building Control. The proposed approach was an efficient approach that would be good value for money and would keep the finances within the public purse. The Cabinet noted that there was a statutory requirement to have an internal audit function.

 

 

RESOLVED

 

That the Cabinet:

 

a)      approves, with effect from 1 April 2022, that Southern Internal Audit Partnership provides the internal audit service for Crawley Borough Council.

 

b)      authorises the Section 151 Officer to enter into the Joint Working Agreement by way of a deed of accession with Southern Internal Audit Partnership and finalise the arrangements.

 

c)       approves that the Section 151 Officer, or their representative, represent the Council’s interests by becoming a voting member of the Southern Internal Audit Partnership Key Stakeholder Board.

 

 

Reasons for the Recommendations

 

To ensure that a statutory internal audit function is provided for the Council. By joining an existing shared service there will be access to qualified internal audit staff and specialisms not available to a team of two.