Agenda item

Notices of Motion

1.         Taxi licensing

 

Proposer – Cllr Mark Crane

Seconder – Cllr Tim Grogan

 

This council urges the government to amend primary legislation to ensure that licences to operate and drive private hire vehicles and hackney carriages (otherwise known as taxis) are only granted to persons who live or work within that local government area.

 

This council urges the government to amend primary legislation to ensure that licences to operate or drive such vehicles are only granted to persons living or working within that local government area. Currently we are vulnerable to operators and drivers operating with North Yorkshire who may not have been authorised as proscriptively as our own.

 

 

2.         Supporting Area Committee decision making

 

Proposer - Cllr Peter Lacey

Seconder - Cllr Kirsty Poskitt

 

Council acknowledges the commitment made in advance of assuming Unitary status to being the most local large unitary Authority.  Council further recognises the means by which such localism is being pursued including double devolution and the development of community partnerships.  However, in a recent officer review of delegated powers by Area Committees a number of these powers were not being regularly exercised.  Council recognises that it is for Area Committees to determine their own work programme but equally that delegated powers should and could be better facilitated and enabled by changes in the way that Council business is run.

 

Council therefore commits:

 

1.    To ensure that the data and intelligence necessary for Area Committees to exercise their powers is aligned to the new Divisions expected to be finalised in January 2027 and therefore no longer reflects former District and Borough boundaries wherever possible and by September 2026 at the latest.

2.    To put in a place a robust process to enable Area Committees to exercise delegated power 20 to “make recommendations to the Corporate Director of Community Development on the expenditure of Community Infrastructure Levy and appropriate section 106 expenditure”.

3.    To develop a list of services likely to be more effectively delivered by Town and Parish Councils and/or in partnership with local community and voluntary groups and that, subject to business cases, there would be a presumption for double devolution for these services.

4.    To ensure that once County-wide policies are agreed, and where there is a commitment to locally sensitive implementation, that Area Committees are provided with the necessary officer support to develop and sign off plans, for example in the cases of Town Investment Plans or Local Parking Plans, consistent with delegated powers 17-19, 21 & 22 concerned local economic development.

5.    To undertake the equivalent of a post implementation review of activities designed to promote localism that identifies the most up to date best practice in local governance arrangements in similar large Unitary Authorities and learn from this by bringing a report and recommendations back to the appropriate decision-making body including any recommendations on the extent, effectiveness and realisation of delegated powers in the NYC Constitution.

 

 

3.         Restore the Policy Implementation Review Timeline for School Transport

 

Proposer - Cllr Brodigan

Seconder - Cllr Chris Aldred

 

When councillors approved the Home to School Transport Policy in July 2024, we were promised that a Post-Implementation Review would take place in July 2025 as a key equality safeguard to monitor the impact on rural families.

 

The Children & Families Overview and Scrutiny Committee has since been told the review will not begin until 2026, meaning no changes could be made before September 2028 at the earliest. Since coming into force fourteen months ago, the impact on children, families and schools has become clear and the problems are consuming increasing Council time and resources through appeals and complaints.

 

Council therefore resolves to:

 

Reverse the decision to delay the Post-Implementation Review so it is completed, consulted on, and reported to Full Council for approval in July 2026 — allowing improvements to be implemented in time for children starting new schools in September 2027.

 

 

4.         The Leader of the Council to write to the Secretary of State for Education regarding the SEND review

 

Proposer - Cllr Barbara Brodigan

Seconder - Cllr Andrew Timothy

 

Council notes that:

 

·         In December 2024 the Government introduced the Children’s Wellbeing and Schools Bill, with an overall aim to better protect children and raise standards in education.

·         The Government also announced £740 million in new funding to support SEND pupils and those needing alternative education within mainstream schools. Inclusion remains the overarching policy, so that our children and young people are educated together with their peers in their own community, where appropriate.

·         The Special Educational Needs and Disabilities (SEND) system is under severe strain, with some families struggling to secure vital support for their children which is compounded by some schools and councils struggling to provide the necessary support.

·         Children with SEND deserve the same opportunities as every child, including access to the support they need to thrive both in school and in life.

·         Research commissioned by the Liberal Democrats has revealed that private equity–backed SEND providers are making over £100 million a year in profits, with some achieving margins of over 20%.

·         Many of these companies are backed by firms registered in tax havens or foreign sovereign wealth funds.

 

Council believes that:

 

·         Profiteering from the needs of children with SEND is unacceptable and must end.

·         Children with SEND are not commodities for profit and should never be treated as such.

·         Resources must be directed into improving provision and outcomes for children, not into shareholder dividends or inflated executive pay.

·         North Yorkshire Council should be supported to provide sustainable, high-quality inclusive SEND provision within both their mainstream and specialist settings; including by building and operating their own schools to accommodate those with the most complex needs if necessary.

 

Council welcomes:

 

·         Government action to curb profiteering in children’s social care. Through the Children’s Wellbeing and Schools Bill, it has introduced powers to cap the profits of providers of illegal or exploitative children’s homes, alongside enhancing financial transparency and greater enforcement by Ofsted.

·         The Government review of the SEND and Alternative Provision system which is due to be published in the Autumn.

·         The proactive work of hard-working officers in North Yorkshire Council to improve our SEND services.

 

Council resolves to:

 

·         Call on the Government to eradicate the profits of private SEND providers, including sanctions against providers who breach this, with any profits returned to local authorities.

·         Support further reforms to boost the SEND system, including strong financial oversight of providers, transparency, and new powers and funding for councils to build and manage local mainstream and specialist provision directly.

·         Endorse the principle that Government SEND reforms must put children first—not corporate greed.

·         Request the Leader of the Council to write to the Secretary of State for Education to ask that the SEND review consider action in line with the above.

 

 

Minutes:

The Chair informed Members that there were four notices of motion on the agenda. The Chair was required to give a ruling on whether motions should be debated at the meeting or referred to the Scrutiny Board to determine which committee was the most appropriate to consider the matter.

 

1)    Taxi licensing – that the motion be debated at the meeting

2)    Supporting Area Committee decision making – that the motion be referred to the Scrutiny Board

3)    Restore the Policy Implementation Review Timeline for School Transport – that the motion be debated at the meeting

4)    The Leader of the Council to write to the Secretary of State for Education regarding the SEND review – that the motion be referred to the Scrutiny Board

 

The Chair reminded Members that when considering notices of motion where a motion had been referred to the Scrutiny Board by the Chair the mover of that motion could move ‘that the motion be considered now’ and a vote taken. The mover of the notice of motion could speak for five minutes on that motion, the seconder should second without comment, and one Member could speak for five minutes against.

 

231(1) Taxi Licensing

 

This council urges the government to amend primary legislation to ensure that licences to operate and drive private hire vehicles and hackney carriages (otherwise known as taxis) are only granted to persons who live or work within that local government area.

 

This council urges the government to amend primary legislation to ensure that licences to operate or drive such vehicles are only granted to persons living or working within that local government area. Currently we are vulnerable to operators and drivers operating with North Yorkshire who may not have been authorised as proscriptively as our own.

 

Proposer – Councillor Mark Crane

Seconder – Councillor Tim Grogan

 

The notice of motion was moved by Councillor Mark Crane and seconded by Councillor Tim Grogan.

 

The motion was then debated.

 

On a vote being taken 71 Members voted for the motion, 10 voted against and there were 2 abstentions.

 

(Councillor Yvonne Peacock left the room during consideration of the item.)

 

231(2) Supporting Area Committee decision making

 

Council acknowledges the commitment made in advance of assuming Unitary status to being the most local large unitary Authority.  Council further recognises the means by which such localism is being pursued including double devolution and the development of community partnerships.  However, in a recent officer review of delegated powers by Area Committees a number of these powers were not being regularly exercised.  Council recognises that it is for Area Committees to determine their own work programme but equally that delegated powers should and could be better facilitated and enabled by changes in the way that Council business is run.

 

Council therefore commits:

 

1.     To ensure that the data and intelligence necessary for Area Committees to exercise their powers is aligned to the new Divisions expected to be finalised in January 2027 and therefore no longer reflects former District and Borough boundaries wherever possible and by September 2026 at the latest.

2.     To put in a place a robust process to enable Area Committees to exercise delegated power 20 to “make recommendations to the Corporate Director of Community Development on the expenditure of Community Infrastructure Levy and appropriate section 106 expenditure”.

3.     To develop a list of services likely to be more effectively delivered by Town and Parish Councils and/or in partnership with local community and voluntary groups and that, subject to business cases, there would be a presumption for double devolution for these services.

4.     To ensure that once County-wide policies are agreed, and where there is a commitment to locally sensitive implementation, that Area Committees are provided with the necessary officer support to develop and sign off plans, for example in the cases of Town Investment Plans or Local Parking Plans, consistent with delegated powers 17-19, 21 & 22 concerned local economic development.

5.     To undertake the equivalent of a post implementation review of activities designed to promote localism that identifies the most up to date best practice in local governance arrangements in similar large Unitary Authorities and learn from this by bringing a report and recommendations back to the appropriate decision-making body including any recommendations on the extent, effectiveness and realisation of delegated powers in the NYC Constitution.

 

Proposer - Councillor Peter Lacey

Seconder - Councillor Kirsty Poskitt

 

The motion was moved and seconded and referred to the Scrutiny Board to determine the most appropriate overview and scrutiny committee.

 

231(3) Restore the Policy Implementation Review Timeline for School Transport

 

When councillors approved the Home to School Transport Policy in July 2024, we were promised that a Post-Implementation Review would take place in July 2025 as a key equality safeguard to monitor the impact on rural families.

 

The Children & Families Overview and Scrutiny Committee has since been told the review will not begin until 2026, meaning no changes could be made before September 2028 at the earliest. Since coming into force fourteen months ago, the impact on children, families and schools has become clear and the problems are consuming increasing Council time and resources through appeals and complaints.

 

Council therefore resolves to:

 

Reverse the decision to delay the Post-Implementation Review so it is completed, consulted on, and reported to Full Council for approval in July 2026 — allowing improvements to be implemented in time for children starting new schools in September 2027.

 

Proposer - Councillor Barbara Brodigan

Seconder - Councillor Chris Aldred

 

The notice of motion was moved by Councillor Barbara Brodigan and seconded by Councillor Chris Aldred.

 

Councillor Barbara Brodigan then moved an amendment to the motion under CPR 12(g) that the motion be amended to read:

 

When councillors approved the Home to School Transport Policy in July 2024, we were promised the published papers indicated that a Post-Implementation Review would take place in July 2025 as a key equality safeguard to monitor the impact on rural families.

 

The Children & Families Overview and Scrutiny Committee has since been told the review will not begin until 2026, meaning no changes could be made before September 2028 at the earliest. Since coming into force fourteen months ago, the impact on children, families and schools has become clear and the problems are consuming increasing Council time and resources through appeals and complaints.

 

Council therefore resolves to:

 

Reverse the decision to delay the Post-Implementation Review so it is completed, consulted on, and reported to Full Council for approval in July 2026 — allowing improvements to be implemented in time for children starting new schools in September 2027.

 

Proposer - Councillor Barbara Brodigan

Seconder - Councillor Chris Aldred

 

(Additional wording in italics)

 

It was moved by Councillor Nigel Knapton and seconded by Councillor Andy Paraskos that the question be now put and Council move to the vote.

 

On a vote being taken on moving to the vote on the motion, 41 members voted for the motion, 32 voted against and there were 8 abstentions.

 

The mover of the amendment, Councillor Barbara Brodigan then exercised her right to reply at the close of the debate on the amendment and moved that a named vote be taken.  At least 20 Members stood in their places in support of a named vote on the amendment.

 

On a vote being taken 30 Members voted for the motion, 40 voted against and there were 11 abstentions.

 

For: Councillors Chris Aldred, Joy Andrews, Karl Arthur, Philip Barrett, Philip Broadbank, Barbara Brodigan, Andy Brown, Sam Cross, Felicity Cunliffe-Lister, Kevin Foster, Hannah Gostlow, Bryn Griffiths, Paul Haslam, Janet Jefferson, Mike Jordan, Peter Lacey, Steve Mason, Rich Maw, John McCartney, Andrew Murday, David Noland, Stuart Parsons, Kirsty Poskitt, Mike Schofield, Tom Seston, Monika Slater, Andy Solloway, Andrew Timothy, Matt Walker and Arnold Warneken.

 

Against:  Councillors Alyson Baker, Derek Bastiman, Nick Brown, David Chance, Mark Crane, Gareth Dadd, Caroline Dickinson, Keane Duncan, Richard Foster, Sam Gibbs, Caroline Goodrick, Tim Grogan, Michael Harrison, Robert Heseltine, David Hugill, Nathan Hull, David Ireton, George Jabbour, David Jeffels, Tom Jones, Nigel Knapton, Carl Les OBE, John Mann, Heather Moorhouse, Simon Myers, Andy Paraskos, Heather Phillips, Janet Sanderson, Karin Sedgwick, David Staveley, Roberta Swiers, Malcolm Taylor, Angus Thompson, Steve Watson, David Webster, John Weighell OBE, Greg White, Annabel Wilkinson, Peter Wilkinson and Andrew Williams.

 

Abstentions: Councillors Eric Broadbent, Liz Colling, Melanie Davis, Stephanie Duckett, Bob Packham, Jack Proud, John Ritchie, Subash Sharma, Steve Shaw-Wright, Neil Swannick and Robert Windass.

 

The original notice of motion was then debated.

 

On a vote being taken on the original motion 40 members voted for the motion, 28 voted against and there were 12 abstentions.

 

(Councillor Robert Windass arrived at the meeting part way through consideration of the item.)

 

(Councillor Yvonne Peacock left the room during consideration of the item.)

 

231(4) The Leader of the Council to write to the Secretary of State for Education regarding the SEND review

 

Council notes that:

 

·       In December 2024 the Government introduced the Children’s Wellbeing and Schools Bill, with an overall aim to better protect children and raise standards in education.

·       The Government also announced £740 million in new funding to support SEND pupils and those needing alternative education within mainstream schools. Inclusion remains the overarching policy, so that our children and young people are educated together with their peers in their own community, where appropriate.

·       The Special Educational Needs and Disabilities (SEND) system is under severe strain, with some families struggling to secure vital support for their children which is compounded by some schools and councils struggling to provide the necessary support.

·       Children with SEND deserve the same opportunities as every child, including access to the support they need to thrive both in school and in life.

·       Research commissioned by the Liberal Democrats has revealed that private equity–backed SEND providers are making over £100 million a year in profits, with some achieving margins of over 20%.

·       Many of these companies are backed by firms registered in tax havens or foreign sovereign wealth funds.

 

Council believes that:

 

·       Profiteering from the needs of children with SEND is unacceptable and must end.

·       Children with SEND are not commodities for profit and should never be treated as such.

·       Resources must be directed into improving provision and outcomes for children, not into shareholder dividends or inflated executive pay.

·       North Yorkshire Council should be supported to provide sustainable, high-quality inclusive SEND provision within both their mainstream and specialist settings; including by building and operating their own schools to accommodate those with the most complex needs if necessary.

 

Council welcomes:

 

·       Government action to curb profiteering in children’s social care. Through the Children’s Wellbeing and Schools Bill, it has introduced powers to cap the profits of providers of illegal or exploitative children’s homes, alongside enhancing financial transparency and greater enforcement by Ofsted.

·       The Government review of the SEND and Alternative Provision system which is due to be published in the Autumn.

·       The proactive work of hard-working officers in North Yorkshire Council to improve our SEND services.

 

Council resolves to:

 

·       Call on the Government to eradicate the profits of private SEND providers, including sanctions against providers who breach this, with any profits returned to local authorities.

·       Support further reforms to boost the SEND system, including strong financial oversight of providers, transparency, and new powers and funding for councils to build and manage local mainstream and specialist provision directly.

·       Endorse the principle that Government SEND reforms must put children first—not corporate greed.

·       Request the Leader of the Council to write to the Secretary of State for Education to ask that the SEND review consider action in line with the above.

 

Proposer - Councillor Barbara Brodigan

Seconder - Councillor Andrew Timothy

 

The motion was moved and seconded and referred to the Scrutiny Board to determine the most appropriate overview and scrutiny committee.