Agenda and minutes

Resolved –

Thatthe public Minutesof themeeting heldon 21 February 2023,having been printedand circulated,betakenas readand confirmedby theChairmanas acorrect record.

There were no declarations of interest.

Members of the public may ask questions or make statements at this meeting if they have given notice to Melanie Carr of Democratic and Scrutiny Services and supplied the text (contact details below) by midday on Thursday 16 March 2023, three working days before the day of the meeting.  Each speaker should limit themselves to 3 minutes on any item.  Members of the public who have given notice will be invited to speak:-

·            at this point in the meeting if their questions/statements relate to matters which are not otherwise on the Agenda (subject to an overall time limit of 30 minutes);

·            when the relevant Agenda item is being considered if they wish to speak on a matter which is on the Agenda for this meeting.

If you are exercising your right to speak at this meeting, but do not wish to be recorded, please inform the Chairman who will instruct anyone who may be taking a recording to cease while you speak.

The Chair confirmed there had been one registration to speak at the meeting, in regard to Agenda item 7 – Proposal to cease to maintain Skelton Newby Hall CE Voluntary Controlled Primary School.  He confirmed that Mr Guy Critchlow, Chairman of Skelton cum Newby Parish Council, would present his public submission as part of that agenda item.

Resolved – That this item be deferred to a later Executive meeting date to allow extra time for officers to develop a robust proposal.

Recommendation:

That the Executive approve:

(a)    The Corporate Complaints and Compliments Policy

(b)    The Unacceptable Complainant Behaviour Policy

Considered – A report of the Assistant Chief Executive – Local Engagement, seeking approval of a Corporate Complaints and Compliments Policy and Unacceptable Complainant Behaviour Policy, required for the new North Yorkshire Council.

County Councillor David Chance introduced the report and provided an overview of the changes to each of the policies.

As Members had no questions, it was

Resolved – That the following polies be approved:

(a) The Corporate Complaints and Compliments Policy

(b) The Unacceptable Complainant Behaviour Policy

Recommendations:

Having undertaken the required preliminary checks, the Executive is asked to:

i)     Resolve that the issues listed above in section 9 have been satisfied and there can be a determination of the proposals.

ii)    Agree to cease to maintain Hovingham CE VC Primary School with effect from 31 March 2023.

iii)   Agree that from 1 April 2023:

·       The parishes of Gilling East, Grimstone, Cawton and the smaller part of Coulton parish which currently form a part of a shared catchment area between Hovingham CE and St Hilda’s CE will remain part of the St Hilda’s CE catchment area.

·       The parish of Stonegrave which was part of the discrete catchment area for Hovingham CE will also become part of the St Hilda’s CE catchment area.

·       The parish of Scackleton and the larger part of the parish of Coulton which were part of Hovingham’s discrete catchment area will become part of the catchment area for Terrington CE VA Primary School.

·       The parish of Fryton and the larger part of Hovingham Parish which formed part of the Hovingham catchment area will become part of the catchment area for Slingsby Community Primary School.

Considered – A report of the Corporate Director – Children and Young People’s Service, providing information upon which to determine the proposal to cease to maintain Hovingham Church of England Voluntary Controlled Primary School with effect from 31 March 2023, together with the future arrangements for the School’s current catchment area.

County Councillor Annabel Wilkinson introduced the report and drew attention to the public consultation that had been undertaken and the responses received, as detailed in Appendix A of the report.  Members noted:

·          The issues raised in in the one objection received to the statutory notices and agree none affected the fundamental reasons for consulting on closure.

·          The school currently had no pupils on roll, and no pending applications for places at the school.

·          There was no realistic prospect of Reception pupils requiring a place for September 2023.

The Executive therefore agreed the reasons for the proposal to close the school as laid out in the report, were correct and reluctantly agreed that closure was the only viable option at this stage. 

With that in mind, the Executive voted unanimously in favour of the recommendations, and it was

Resolved – That:

i)     The issues listed in section 9 of the report had been satisfied and there could be a determination of the proposals.

ii)    That the Local Authority cease to maintain Hovingham CE VC Primary School with effect from 31 March 2023.

iii)   As from 1 April 2023:

·       The parishes of Gilling East, Grimstone, Cawton and the smaller part of Coulton parish which currently form a part of a shared catchment area between Hovingham CE and St Hilda’s CE would remain part of the St Hilda’s CE catchment area.

·       The parish of Stonegrave which was part of the discrete catchment area for Hovingham CE would also become part of the St Hilda’s CE catchment area.

·       The parish of Scackleton and the larger part of the parish of Coulton which were part of Hovingham’s discrete catchment area would become part of the catchment area for Terrington CE VA Primary School.

·       The parish of Fryton and the larger part of Hovingham Parish which formed part of the Hovingham catchment area would become part of the catchment area for Slingsby Community Primary School.

Recommendations:

That the Executive:

i.     Agree that statutory proposals and notices be published on 30 March 2023 proposing to cease to maintain Skelton Newby Hall CE Primary School with effect from 31 August 2023; and proposing that the catchment area of Kirby Hill CE VC be expanded with effect from 1 September 2023 to serve the area currently served by Skelton Newby Hall CE VC School.

ii.     Schedule taking a final decision on these proposals on 30 May 2023.

Considered – A report of the Corporate Director – Children and Young People’s Service, detailing the outcome of the public consultation on a proposal to close Skelton Newby Hall CE VC Primary School, and asking the Executive is asked to consider the responses to the consultation, to authorise the publication of statutory proposals, and to schedule taking a final decision on the proposal on 30 May 2023.

County Councillor Annabel Wilkinson introduced the report and provided an overview of the background to the proposal to close the school.  She also drew attention to the public consultation that had taken place and the responses received, as detailed in Appendix 5 of the report, and the proposal to extend the catchment area of Kirby Hill CE VC Primary to serve the area currently served by Skelton Newby Hall Primary.

The Chairman invited Mr Guy Critchlow, Chairman of Skelton cum Newby Parish Council, to read out his public submission as follows:

‘Chair, Councillors, and Officers of the Council, thank you for the opportunity to share a statement from the community of Skelton on Ure.

Three minutes to put the case for Skelton Newby Hall Primary School. We are not wearing rose tinted spectacles when making the case for our school to remain open. Our school is viable and valuable to the village and surrounding areas.

As you will be aware and as a start point, the government, “expects all decision makers to adopt a presumption against the closure of rural schools. This does not mean that a rural school will never close, but that the case for closure should be strong and clearly in the best interests of educational provision in the area.”

The report has put the case that that the basis of closure is two reasons, the falling roll and maintaining the quality & breadth of education for all year groups. Indeed there is now only one pupil on the roll. This is not the natural state of affairs for this school. This is not organically driven. Our school is in this position as a result of a failed federation with Sharow School.

In 2021, Ofsted has recorded that Sharow School has issues of staff absenteeism, unaddressed bullying concerns, and governance with a special Chair appointed last September. It’s short inspection noted it would have been downgraded had it been a full inspection, which we understand has just taken place.

Our school has not been marketed appropriately to attract new pupils, which was incorrectly recorded in the minutes of the public meeting. The report notes no new housing developments in our current catchment. This lies at the heart of the matter. Our catchment does not currently include the 800 houses in development within five miles of our school which do not even know we exist.

Parents of potential pupils were left underwhelmed when they enquired about spaces; during the course of the last decade, and especially the last few years, the reputation of the federation has led parents in the  ...  view the full minutes text for item 209.

Recommendations:

The Executive is asked to:

i.       Agree the proposed fees to take effect on 1 April 2023

ii.      Waive the licence fee for new applications and renewals for wheelchair accessible vehicles until such time as the Inclusive Service Plan is completed and any subsequent changes to the policy are implemented.

Considered – A report of the Corporate Director – Business and Environmental Services seeking the adoption of a harmonised fee structure for Hackney Carriage and Private Hire licensing across North Yorkshire from 1 April 2023.

County Councillor Derek Bastiman introduced the report, drawing attention to the proposed new Hackney Carriage and Private Hire licensing fees for North Yorkshire Council for 2023/24, the

consultation undertaken, and the responses received, as detailed I the appendices to the report.

He also drew attention to an error in the Equality Impact Assessment at Appendix F.  He confirmed that all of the protected characteristics should have marked as ‘No impact’.

Members were pleased to note the proposed waiver for new applications and renewals for wheelchair accessible vehicles, and it was

Resolved – That:

i.       The proposed fees be agreed, to take effect on 1 April 2023

ii.      The licence fee for new applications and renewals for wheelchair accessible vehicles be waived until such time as the Inclusive Service Plan was completed and any subsequent changes to the policy were implemented.

Recommendations:

The Executive is asked to:

i.       Consider the objections to the advertised proposed table of fares (Appendix D);

ii.      Approve the recommended modifications to the table of fares made by the Licensing Member Working Group (Appendix C);

iii.     Confirm a date of 3 April 2023 for the new table of fares to come into effect.

Considered – A report of the Corporate Director – Business and Environmental Services seeking to set harmonised maximum Hackney Carriage (HC) fares for the whole of North Yorkshire.

County Councillor Derek Bastiman introduced the report, drawing attention to the proposed fares shown in Appendix B, and the risks associated with not introducing one maximum HC fare from 1 April 2023.  He also highlighted the consultation that had been undertaken and the responses received as summarised in Appendix D of the report, and the options available to the Executive as detailed in paragraph 4.2 of the report.

Finally he acknowledged the hard work of licensing officers across all the District/Borough Councils who had worked collaboratively to deliver the proposals brought forward to the Executive.  He also thanked the LGR Licensing Member Working Group and the trade for their contributions.

Resolved – That:

i.       Consider the objections to the advertised proposed table of fares (Appendix D) be noted;

ii.      The recommended modifications to the table of fares made by the Licensing Member Working Group (Appendix C) be approved;

iii.     The new table of fares (Appendix B) come into effect as from 3 April 2023.

Recommendations:

The Executive is asked to:

i.    Agree to accept the DfT grant funding award of £56.1m

ii.   Delegate to the Corporate Director - Strategic Resources the taking of any steps necessary in respect of the acceptance of the offer of £56.1m of capital grant funding from the Department for Transport in respect of A59 Kex Gill highway diversion.

Considered – A report of the Corporate Director - Business and Environmental Services seek approval for accepting the offer of £56.1m of capital grant funding from the Department for Transport (DfT), contributing towards delivery of A59 Kex Gill highway diversion.

County Councillor Keane Duncan introduced the report and drew attention to the grant conditions detailed in section 4 of the report.  He acknowledged the high effort by officers in reaching this point in the project and confirmed it was target to be delivered on time and on budget.

Executive members welcomed the progress made, recognising the importance of the infrastructure for east west connectivity across the county, and the contribution that would bring to the region’s economy. It was therefore

Resolved – That in respect of A59 Kex Gill highway diversion:

i.       The offer of £56.1m of capital grant funding from the Department for Transport (DfT) be accepted.

ii.      Any steps necessary in respect of accepting the offer of £56.1m of capital grant funding from the Department for Transport be delegated to the Corporate Director - Strategic Resources

Recommendations:

Subject to the recommendations of Audit Committee, the Executive is asked to:

i.       Note the findings of the annual Fraud Risk Assessment, and approve the Counter Fraud Strategy 2023-27 and the 2023/24 Counter Fraud workplan

ii.      Approve the Internal Audit Charter

iii.     Approve the Local Code of Corporate Governance – March 2023

Considered – A report from the Audit Committee seeking Executive approval of various documents required for the new North Yorkshire Council.

County Councillor Gareth Dadd introduced the report and drew attention to the draft documents presented within the appendices to the report i.e.:

·           Counter Fraud Strategy 2023-27 and a 2023/24 Counter Fraud Work Plan

·           Internal Audit Charter for the new North Yorkshire Council

·           Local Code of Corporate Governance for the new North Yorkshire Council

County Councillor George Jabbour, Vice-Chair of the Audit Committee confirmed the draft documents being presented for the Executive’s approval had been fully debated  and endorsed by the Audit Committee at its the meeting on 20 March 2023.

County Councillor Carl Les thanked the Audit Committee for all its work, and it was

Resolved – That the following documents be approved:

(a)    the Counter Fraud Strategy 2023-27, as set out at Appendix 1 of Annex A, and the Counter Fraud Work Plan, as set out at Appendix 2 of Annex A;

(b)    the Internal Audit Chart for the new North Yorkshire Council, attached to the report at Annex B; and

(c)    the Local Code of Corporate Governance for the new North Yorkshire Council, attached to the report at Annex C.

Considered – A report of the Assistant Chief Executive (Legal and Democratic Services) seeking an appointment to the Tees, Esk and Wear Valleys NHS Foundation Trust Council of Governors.

County Councillor Carl Les introduced the report and it was

Resolved – That County Councillor Roberta Swiers be appointed to the Tees, Esk and Wear Valleys NHS Foundation Trust Council of Governors.    

Considered – The Forward Plan for the period 13 March 2023 to 31 March 2024 was presented.

County Councillor Carl Les confirmed this was the last meeting of the North Yorkshire County Council Executive and thanked his colleagues around the table for all their hard work over the years.  He drew particular attention to all that had been achieved in the last 12 months in preparation for Unitarisation and expressed pride in the devolution deal the Authority had achieved.

County Councillor Gareth Dadd acknowledged the hard work of all Members and officers from all the Councils across the county.  He also recognised there would need to be a strong political will to drive out the savings required in the future.

Other Executive Members agreed and added their thanks, and it was

Resolved -   That the Forward Plan be noted.